Legal advice

Instructions and guidelines for a certified lawyer’s practice.

In general, the legal profession aims to achieve justice by expressing an opinion and exerting the necessary effort and legal advice between the parties, regardless of the role played by the lawyer, whether in the courts, arbitration committees, and conciliation councils between litigants, or contract councils. Anyone who works in this field in whatever capacity must have high morals, integrity of behavior, wisdom of opinion, and comprehensive knowledge, as well as the courage to tell the truth, be loyal to values, and avoid suspicion. Because the lawyer plays such a dangerous role in the documentations and has such a significant impact on the parties’ rights and legal and financial positions, I thought I’d write about some of the professional regulations that a person practicing this profession must follow, so that they are free of any potential blemishes that could jeopardize their honesty and professionalism. The professional practice and some problems cause the loss of rights, forcing some citizens to file complaints against some certified lawyers, complaining about what they believe has befallen them or befalls them as a result of the notarized lawyer exercising the authority to document some of the necessities and basics of this authority, especially given that thousands of transactions and actions take place every day in the offices of trusted lawyers, and I will explain why.

First: The principle of the licensed lawyer’s neutrality towards the contractual parties:
Because the formulation of the contractual relationship and the establishment of the obligations and rights that result from the contract’s conclusion is a judicial ruling that has serious and immediate effects on the legal status of each of the contract’s parties, the notary lawyer must be completely impartial before and during his practice of documenting any of the contracts between the parties. Documentation is not like the common practice in the legal profession. When it comes to finishing any of the contracts, the job of the lawyer in the contract council varies significantly because the lawyer in the contract council is responsible with the formation of a fair legal relationship. He must not impose his will on any of the parties, regardless of his connection with them, and if he is unable to be objective and independent in his legal judgment, he must resign. The notary lawyer must also refuse to accept dictation of some details from either of the two contracting parties, and he must inform those who contact him before the contract council that he must present his views, ideas, and conditions to the other contracting party in the contract council and then come back to them. The lawyer’s involvement in drafting what was agreed upon, and the notary’s responsibility in avoiding inserting any terms in the contract that are in violation of any legal language that demands.

Second: Verify the documentation service customer’s eligibility:
This is one of the most essential issues that a certified lawyer should be aware of, and it should not be handled in a conventional and usual manner. The same applies to patients and people with disabilities, and to a lawyer when he is asked to transfer to a patient or an excused person to verify by himself the availability of defect-free eligibility, He must not submit to the will or desire of those with whom he has a relationship with the owner of the money contracted around him. This is self-evident and necessary in any contract, but the actual reality highlights some of the issues that arise as a consequence of a lack of examination and verification in the issue of the applicant’s full eligibility for the documentation service. This results in the loss of rights, and there are often devastating implications for the family of the owner of the sold money, such as family displacement and the loss of their house or the sole means of earning a living.

Third: The importance of verification and examination, rather than relying on the contracting parties’ apparent state in the contract council:
Many issues arise as a result of the parties to the contract’s spontaneous and seeming interactions as it is being finalized. The attorney must verify the contracting parties’ characters by comparing the seller’s image to the image on the original identification document, and he may refuse to accept any document in which the person’s image is unclear. He may also compare the name on the identification paper to the name on the money sold title deed, Any acquiescence or leniency from the documented lawyer will result in him bearing all of the consequences of this negligence and paying a high price for this omission and leniency, and there will be nothing to prevent the lawyer from being sued under the tort liability rules for any damage that may be caused to any of the parties. One of the most significant considerations in this respect is that the seller must take the file and historical papers of the sold money with him. Especially in land transactions, I believe that the lawyer should not be satisfied with the search certificate and the owner’s personal card, although this is permissible, but hedging saves and brings safety, and this is a very important matter, because all land owners, of course, keep their personal cards and certificates in their homes and offices. If the property is built, a complete file of the sold land from a government lease or previous purchase contracts or previous registration documents and receipts, as well as contracts for the installation of electricity, water, and mapping services, and the paramount importance of this matter appears in that it is very difficult. It may even be hard for individuals who are used to conducting forgery crimes to access the history file of the sold land, as it is usually stored and preserved in a secure location with the genuine owner. In the event of selling created lands, the lawyer must also obtain construction licenses and maps approved by the assignor or seller in order to safeguard the buyer’s right in the fact that he purchased built property in compliance with the legal controls imposed by the land authorities, Because built lands without construction maps and ratifications may be susceptible to authorities’ removal and legal action, and there may be an infringement on a neighbor’s right to a legal setback from the separation limit. With a neighbor or other frequent issues in the field of construction.

Fourth: If there is no need or requirement for a documented contract, undocumented contracts are sufficient:
In many circumstances, there is no need or requirement to document and grant formal status to such contracts. For example, if two individuals came to you to sign a leasing contract for a vehicle to transport water or fuel, or an agreement to execute any task, and there was no need to submit this contract to a government body for registration, or to seek a license. I don’t see why the contract needs to be official and notarized with the notary attorney’s seal when the lawyer (who is not notarized here) can formulate the contract in a court legal form and all the necessary procedures are followed, including the attendance of witnesses, provisions for drafting, and other contract requirements. Nothing prevents the contract from having more than two witnesses and then being handed over to the two parties. In this scenario, the lawyer must collect fair costs for legal writing, contract preparation and arrangement, and the regulatory and financial systems needed by the procedures for producing the verified document. At the same time, this document has the same legitimacy and evidential value as its counterpart from the recorded document in showing the contract’s rights and duties. In the end, such a contract achieves the intended goal of its issuing while fully protecting the rights and interests of its parties.

Fifth: Refusing to accept the seizure of the parties’ papers if the transaction was not finished and ready for documentation:
The notary lawyer has no right to keep the contract documents in his office if contractual conditions have not been met, or if the contract is still pending on a standing condition or a voided condition, as it sometimes happens that the parties agree to leave the papers with the notary lawyer, whether they have been documented Indeed or not, and this is a serious door to disagreement between the parties that leads to the loss of rights and the outbreak of disputes. As the notary lawyer has neither the right nor the authority to withhold any of his party’s documents, and in the event that the transaction is not completed, he must act on his legal knowledge by proposing to the parties to enter into a preliminary sale contract or any other form of agreement that accommodates and satisfies the nature of the transaction, and this is what he does. Because he has signed the legal framework that fits the circumstance and reality of the contracted transaction around, the notary lawyer has fulfilled his role fully and absolved him of accountability and negligence, and the two parties to the contract are spared the hardship of disagreement and litigation.

Sixth: Precaution should be taken by increasing the number of witnesses by more than two if possible:
We have always worded only two witnesses in contracts and papers issued by a notarized lawyer, and it is noted that with the large number of external migrations and the instability of economic and social conditions, access to the two witnesses has occasionally become unavailable, so I see no reason why the document cannot include more than two witnesses. And I believe that this issue strengthens the document’s evidential force, supports its validity, and improves the process of showing its authenticity in the absence of some witnesses.

I believe that these guidelines and pillars are necessary when carrying out any act of documentation. Although they are understandable and clear in their general form, adhering to and recalling them in practice saves the notarized lawyer from many consequences and problems that may arise or result from the exercise of the documentation authority that we require from us. To a great deal of foresight, care, and caution, so that we can protect the people’s money and rights.

Arabic version wriitten by: Ahemd Saeed Ibrahim.

Translated and Proofread by: Alaa Awadallah Mohammed Khalifa.

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