The Purpose of the Right of Delay
- Buying an apartment in Israel
- The Lawyer in real estate transactions
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The purpose of the right of delay given to a lawyer is to ensure his ability to collect his salary and reimbursement of the expenses to which he is entitled due to a service he provided for the client.
This right is very effective for double reasons: the damage that may be caused to the client may be significant, and also because it will be easy for the lawyer to collect his salary in case the delay includes funds when the money is already in his hands To this one should add the psychological effect.
The heart of the judge, who is human, would prefer not to perform an action (transferring the funds from a lawyer to a client) than to perform an action (transferring the funds).
The right of delay also applies to the funds that came to the lawyer with the client’s consent due to his service to the client and the assets and documents he received in this framework.
Therefore, it is preferable that already in the fee agreement with the lawyer, clients should add a clause that the lawyer waives the right of delay.
Moreover, suppose the clients are concerned about this matter. In that case, they should send a minimum letter to the lawyer, with a polite request for the funds/documents/assets, and then wait three months before returning to it with another demand.