General Power of Attorney for Lawsuits in Egypt: Risks & Protection

One of the messages we get most on the EL-LWAA channel: "I gave my lawyer a general power of attorney for lawsuits. Can they use it against me?" It is a fair question, because many people sign this document at the notary office without reading the powers written in it. Here is what it really allows, where the risks are, and how to use it safely.

What is a general power of attorney for lawsuits?

It is an official power of attorney issued at the notary office (Real Estate Publicity Department) that lets a lawyer represent you before the courts in cases you file or that are filed against you, without you attending every hearing. It is "general" because it isn't limited to one case.

What powers does it give the lawyer?

The usual wording lets the lawyer attend and plead, file memoranda, appeal judgments and collect copies of documents. But many versions also include words like acknowledgment, settlement, waiver, release and denial, and sometimes receiving money on your behalf.

Those words are the real concern. They let the lawyer settle, waive your claim or acknowledge something in your name, and those acts bind you.

Can the lawyer sell my apartment with it?

A power of attorney for lawsuits covers litigation. It does not give the right to sell or dispose of your property, which needs a power of attorney that says so explicitly. The real risk is that it gets used inside a case, for example acknowledging a signature or settling a claim, which can then affect your property. That is why you should check the powers before you sign.

How to protect yourself before signing

• Read the full wording before you sign, and ask about any power you don't understand.

• Ask to remove powers your case doesn't need, such as settlement, waiver, release and receiving money, or make them conditional on your written approval.

• If it's a single case, a special power of attorney for that case is safer than a general one.

• Keep the number, date and office of the power of attorney. You will need them if you cancel it.

• Agree with the lawyer in writing on the fees and the stages of the case.

How to cancel a general power of attorney for lawsuits

You can cancel it at any time, as long as it wasn't issued in the lawyer's own interest. You go to a notary office with your ID and the details of the power of attorney and record an official cancellation.

The step many people forget is notifying the lawyer. A cancellation only counts against the lawyer from the moment they know about it, so it's best to notify them officially through a court bailiff and keep a copy of the notice.

A power of attorney that says "cannot be cancelled except in the presence of both parties" is harder to cancel and usually needs the agent's presence or a court ruling, so don't accept that clause unless you understand its effect.

What if the lawyer used it against your interest?

If the lawyer settled or acknowledged something without your knowledge, or outside what you agreed, you can challenge that act, file a complaint with the Bar Association and claim compensation. The right route depends on your case and on when the power of attorney was cancelled, so act quickly and get advice from another lawyer.

Why EL-LWAA

We have been working with clients in Egypt and Saudi Arabia for more than 40 years. In this video, Mr. Salah Ellwaa explains the risks of a general power of attorney for lawsuits and how to protect your rights:

Contact us before you sign or cancel a power of attorney, and we'll review the wording with you.

FAQ

If I lose the paper, is the power of attorney cancelled?

No. Losing the paper doesn't cancel it. You need an official cancellation, and you can get an official copy of it from the notary office.

What's the difference between a general and a special power of attorney for lawsuits?

A general one covers any case, while a special one is limited to a specific case or action, such as a signature validity case only. The special one is safer if you only have one case.

Can the lawyer settle my case with this power of attorney?

If the wording includes settlement, yes. If you don't want that, ask to remove it before you sign.

I cancelled it but didn't notify the lawyer. What now?

Acts the lawyer took before learning of the cancellation may still be valid against you. Notify the lawyer officially through a court bailiff as soon as possible.

Can I limit the lawyer so they only file cases with my approval?

Yes, the wording can be restricted. Contact us to draft a power of attorney that fits what you actually need.