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Litigation Authorisations:

The Association’s Obstacle for Lawyers and Litigators

Khalid Abdullah’s Story

Ohood Mohsen

Permission (Promo)

After being stripped of his freedom, land and money, Abdullah turned to a second lawyer, George Hazboun, in January 2019, hoping to recover what is rightfully his. But the veteran lawyer was unable to plead his case because the President of the Bar refused to grant him authorisation to conduct litigation against another lawyer.

Eventually, Abdullah’s family caved in to a financial settlement in order to bail him out of prison a month after his arrest.

During that period, Abdullah filed complaints with the Director of the Public Security Department and the Director of Criminal Investigations, but has yet to hear back from them.

“I signed papers for the lawyer to act on my behalf and to sell my land, including a defeasance agreement. At first, things seemed normal, and I did not have any inkling that my fate would be imprisonment,” he told the ARIJ reporter.

Defeasance agreement: a check, a Bill of Exchange, or a trust receipt documenting a concealed agreement between two contracting parties for the purpose of conducting a sale or purchase transaction in the name of one of them. In return, the person pledges to return the transaction value by signing this paper.

In 2018, Abdullah was put behind bars; an unexpected ending to his plan to invest 1,800,000JOD in buying and selling lands.

The complainant was forced to forfeit his rights in order to be released from prison.

As Abdullah describes his harsh experience, his face betrays feelings of oppression and hopelessness.

“The broker and the lawyer duped me of the availability of a buyer who was of Arab nationality and a sheikh from the Gulf region. This person was supposedly interested in buying plots of land that we agreed to buy and invest in after I gave them 1,800,000JOD. He asked me to sign a Power of Attorney to facilitate the sale process because the buyer was abroad,” he said.

After about a month, the broker and the lawyer asked Abdullah to come to the latter’s office to discuss how he could retrieve his money. He had been insisting on getting his money back since they did not implement the agreement they had with him.

The broker and the lawyer coerced Abdullah, and convinced him that completing the deal and recovering his share of it required the provision of lands worth 4 million JOD to match the size of the prospective deal with the Gulf investor. This included the land that they pretended to have bought with his money.

“We all went to the lawyer’s office in one of the suburbs of Amman. We agreed to buy land owned by the broker and to pay off my money that they had as soon as the buyer paid the price,” he said.

Later, it was agreed that the price of the land would be drawn over two checks from the National Bank of Abu Dhabi and that the ownership would be transferred after the financial rights of Abdullah were collected and deposited in his account in one of the local banks. The lawyer made an agreement to that effect.

The office manager of the sheikh from the Gulf (the buyer), demanded guarantees for the value of the check until the ownership of the land was transferred. They then agreed to sign the checks, the promissory note and the agreement as a single unit and to register it with the Bar Association later.

“The buyer requested that I be the guarantor of the bill, and I refused the request. After the insistence of those present, I asked for a written explanation about the reason for issuing the Bill of Exchange and why I signed it as a guarantor. The lawyer intervened and explained that ‘these details are included in the agreement that will be concluded later,’” Abdullah told ARIJ.

Abdullah continued that he signed under pressure and because he needed to recover his money that was in the possession of the broker.

“According to the complaint filed with the Bar Association, I had to sign, so I became a guarantor of the buyer’s money along with the new debt added to the original value through the Bill of Exchange or the defeasance agreement.”

At the time, Abdullah did not realize that the lawyer was taking advantage of his profession and his vast experience in legislation to corner him into choosing between imprisonment or losing his money.

“I understood this too late!”

The man recalls with regret how he was then surprised by a judicial notice from a person he did not know who was demanding the value of the Bill. Soon, another lawyer and new parties were involved. Negotiations with Abdullah began in order to implement a financial settlement through which he would pay an additional sum of 1.5 million JOD, which he was unable to do.

The Bill was then deposited at the Execution Department by another lawyer, and Abdullah’s movable and immovable funds were seized while the broker and the buyer’s agent were not impacted.

Abdullah communicated with the lawyer, Al-Adwan, and demanded a solution to the problem that he caused. Al-Adwan told him that he would settle the problem and forced him to sign a Power of Attorney. When he checked with the court, he was surprised that the paper printed by the lawyer and handed to the court with Abdullah’s coerced signature contained an acknowledgment of the debt and a request for a settlement.

Faced with this fraud, Abdullah resorted to another lawyer, George Hazboun, to recover his rights in court.

In January 2019, his client filed an application for litigation authorization with the President of the Bar Association. This permission is the key to suing any member of the Bar Association before Jordanian courts as per the Association law.

The President of the Bar, Mazen Irsheidat, has presided over the Bar Association over two terms; the first from 2011 to 2013, and the second from 2017 until present.

Irsheidat rejected the request without giving reasons.

This resulted in a triple loss. Abdullah lost his land, 4 million JOD, and was handed prison sentence in mid-December 2018, lasting until the beginning of January 2019; a result of issuing a check without balance.

Abdullah’s family had to sign a settlement to bail him out.

The case ended with the broker’s escape after a complaint of fraud and scam was filed against him with the Public Prosecution Department. This was dropped as part of the deal to release Abdullah from prison and due to the inability to obtain permission to dispute with the lawyer.

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