Right of Delay for the Purpose of Payment of fees to the Bar Association
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One of the most effective tools for a lawyer to collect his fee if the client refuses to pay his fee or expenses is the right of delay.
An attorney may withhold from the client money that has come to him with the client’s consent due to his service for the client.
The lawyer may withhold documents and assets he has received The conditions for using the right of delay are that these are funds that are not given to him in deposit or as a trustee and as long as he is loyal to them not only for the benefit of his client, and except for alimony for women and minors.
Another condition worth noting is that the right of delay is conditioned on the attorney filing Claim for his fee within three months from the date he demanded it in writing.
However, when a situation arises where the legal right to withhold documents is clearly in conflict with the fulfillment of the fiduciary duty towards the client, then the lawyer must prioritize this last duty.
Of course, one must act in good faith and proportionately, and the lawyer must balance the various interests with the damages that may arise in the act of delay.
It should be noted that even if the existence of the debt or the amount of the debt is in dispute between the client and the lawyer, the lawyer may carry out a ‘delay’ procedure despite the disagreements in the matter.