Agreement for Compensation
- Buying an apartment in Israel
- The Lawyer in real estate transactions
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The primary basis for the lawyer’s liability towards his client is contractual.
The lawyer and the client have an agreement, according to which the lawyer undertakes to provide the client with legal services in exchange for a fee paid to him.
This agreement is sometimes written, and sometimes it is expressed only orally.
However, things need to be as clear as day.
But do they have to be written? Does a lawyer have to get written approval from the client to represent him, and does the client have to sign a written power of attorney to be represented?
Well, the answer to that is no.
There is no obligation for a written power of attorney.
The mandate given by a client to a lawyer can be based on oral permission and even permission in conduct and is not required to be in writing.
Thus, the language of the law states that: “The mission is granted by authorization, in writing or orally, by the sender to send, or by notice of it from the sender to the third party, or by the behavior of the sender towards one of them.”
Also, section 91 of the Bar Association Act does not require a lawyer to act on behalf of the client only if a written power of attorney is granted, and there may even be situations of representation in courts without the delivery of a written power of attorney by the client.
Thus, Regulation 472 of the Civil Procedure Regulations, which directs that the solicitor must submit to the court a “power of attorney on behalf of the party,” does not necessarily lead to the conclusion that representation without a written power of attorney is invalid.