The Civil Responsibility of the Lawyer for breach of Professional Duties. Subject and procedural in Palestinian Legislative system

This study aims at investigating in Civil Liability of the Lawyer towards his client's according to the Palestinian law lawyers systems , and compared it with Jordanians Bar Association Law, and Lawyers Law Egyptians, it compared between the rules of the law of civil responsibility in three laws. They are considered the relationship between the lawyer and his client Contractual relationship. And almost similar in some exceptional cases does not consider the relationship contractual between them. e.g. delegacy from the court. And Commissioned by the Bar Association. The three legislation express the relationship between the lawyer and the client as the agency. from a special type. And known in Islamic jurisprudence as the agency litigation. Notice the obligations of the lawyer towards his client regulate according to the contract, other times by law, traditions, custom , and literature of the legal profession, so the lawyer requested towards his client in same obligations imposed by the these laws although it did not organize by the contract between them. The Important problem of this study incurs in having no special provisions related to the civil responsibility of the lawyer regarding his breach of professional duties according the three laws. and the most important research point had mentioned by this study is condition of get licence fram Bar Association to legalization the establishment of a lawsuit against lawyer from other lawyers, or pleading in it, and haw this condition constitutes a breach of human rights, Right to litigate. So this study divided into preliminary chapter, and pair folds. explain in preliminary chapter definition of legal profession, and the historical development of it, and clarified duties of lawyer, which delineated to representation in courts,and other jurisdictions .Legal consultations .Organization of legal . In this chapter explain definition of Agency Antagonism. and explain definition civil responsibility. In first fold, clarified definition the civil responsibility of the Lawyer, by pair chapter, in the first one refined the lawyer legal nature commitment is it achieve the purpose or follow the way?, And then I've cleared the nature of the civil responsibility of the lawyer towards his client, is it contractual liability, or Imprecision? then And restriction scope civil responsibility of the lawyer in terms the conditions of his responsibility for His personal, and in terms the conditions of his responsibility for another personnel of, such as his an employee, a partner in the law firm. And discussed in the last chapter of first fold the components civil responsibility of the lawyer ,which divided to Injury, mistake and causal relationship between them At the last fold elucidate the civil responsibility lawyer suit, by light at the conditions of acceptance it, and Is the condition of geting permission to lawyer from the Bar Association to establishment a lawsuit against his colleague considered condition acceptance of the suit, or is it makes a lawyer exposure to punitive responsibility only. and also discussed the means of proving liability suit, and directed defenses to this lawsuit, search in the possibility of donations judgment implementation in this lawsuit, or the Judicial most be compensation material, and what the basis estimating compensation. Concluded in the finale, to determine conclusions, on this topic and recommendations, the most recommendation is wished the Palestinian Legislator to be adopted by lay down special provisions determining the civil responsibility of the lawyer , and I wished the Palestinian Legislator eliminates the requirement of Permission from to lawyer from the Bar Association to establishment a lawsuit against his colleague.