Nuri Elugbi נורי אלעוקבי

כתב האישום אשר הוגש נגד חברינו נורי אלעוקבי (למטה בשני חלקים) הוא מעניין לא רק עקב גודלו. חסן “נורי” אלעוקבי ידוע כפעיל לזכויות הבדואים. הוא חי בשטח שהוא טוען לבעלותו כבר כמה שנים על אף מאמציה של המשטרה, קק”ל וכו’ לגרש אותו ממנו. השלב הבא במאבק הוא כתב האישום וכן בקשה למעצרו של נורי. אני מייצג אותו כסניגור חיצוני של הסנגוריה הציבורית בדרום. מטרת המעצר האמיתית. אינה כדי למנוע כביכול עבריינות. המטרה היא לנשל את נורי ובני משפחת אלעוקבי מירושתם דהיינו כדי שהמדינה תנכס לעצמה את השטח השייך באופן חוקי למשפחת אלעוקבי. מעצר איננו האמצעי לפעולה כזו להלן מסמכים הקשורים לדיון עד כה כולל החלטת השחרור.

Nuri Elugbi is well known for his long-standing fight for the rights of his family to its land. He has lived on the disputed land for many years although the state has tried its utmost to remove him. Nuri was arrested yesterday by the Rahat police. The police have charged him with trespassing and damage to property. The charges make no sense as the land is his, or is at least disputed. Nuri is almost 70 and has heart problems and should not be arrested.

Do I Need a Notary?

Do I Need a Notary?

A notary public is a legal officer who can witness and authenticate documents and signatures. For the purposes of authentication, many countries require commercial or personal documents which originate from,  or are signed in, another country to, be notarised. Notaries in Israel must be Israeli lawyers of 10 years seniority, with no criminal record, no complaints against them at the Israel Bar and must have undergo a one day training course. In some countries, notably the USA, notaries are not lawyers.

Do I need a notary? The answer to that question is usually “no. Actually people often do not bother asking the question and, I suspect, end up paying for a service they do not need! Rarely will an Israeli need, or an Israeli official office demand notarisation of a document or signature. Exceptions are: pre-nuptial agreements, wills, irrevocable powers-of-attorney and powers-of-attorney to a non-lawyer. If you are American or need something from American officialdom the answer will probably beyes. For some reason the US authorities (and US banks and other institutions) like to have various documents and signatures notarised. For example, when President Richard Nixon resigned he had his resignation letter notarised! You cannot have a US notary notarise a document or signature in Israel, because, as I understand it, US notaries can only act in the US state that they are licensed for. On the other hand notarisations are inherently international. So, if you are an American (or other nationality), and you need a document or signature notarised, certified or legalised in Israel for Israel or for abroad – you must go to an Israeli notary (unless you can be bothered to go to the US or other consulate).

Apostille is a French word which means certification. It is commonly used in English to refer to the legalisation of a document for international use under the terms of the 1961 Hague Convention, an international treaty that abolished the requirement of legalisation for foreign public documents (that previously might have had to be done at a consulate or the Foreign Office where the notary acted). So nowadays documents which have been notarised by a notary public and then certified with an apostille are accepted for legal use in all the nations that have signed the Hague Convention (this is most western countries, including Israel, the USA, the UK, but not Canada nor Australia). In Israel the apostille is a sticker, stuck on the back of the notary’s certificate and signed at most Magistrates’ Courts by the chief clerk. This service is no longer free and one must pay 30 NIS in stamp duty for it. The apostille just authenticates the notary’s work.

There is a fixed tariff set by the Israel Ministry of Justice for notarial services (click here, sorry in Hebrew). For other services provided by a notary (including translations, drafting affidavits and getting that apostille) the fee is set by the notary and the client (do not go to a lawyer without reading my article on this).

Law in Israel

שאול דיוויס עו”ד

How Much Do Israeli Lawyers Charge?

How Much Do Israeli Lawyers Charge?

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The answer is complex. Depends mostly on (a) what sort of case it is and; (b) who the lawyer and the client are. Let us go through this briefly.

Non-financial cases are usually fixed price. This will include administrative petitions (to the Supreme Court sitting as the High Court of Justice “Bagats”), injunctions and other non-quantifiable cases. Difficult to say how much you should spend – anything between 1,000 sheqel per court appearance to thousands of sheqel for the whole case.

Criminal cases are also non-financial. There is a rule that a lawyer may not receive a fee in a criminal case contingent upon the result ie acquittal. The highest fees can be as much as 500,000 sheqel the lowest can be as little as 1,000 sheqel. For a regular case involving work which will include reading the evidence, a few court appearances, a meeting at the prosecution eg a small drugs case or not too serious domestic violence expect to pay +/- 20,000 sheqel.

Personal injury, including traffic and work accidents are generally a percentage, +/- 15% is acceptable. But by law traffic cases must be 8, 11 or13% (if settled before getting to court, settled in court or full judgement, respectively).

Other financial cases, labour claims or breach of contract including consumer claims, will often be mixed. Expect to pay some money up front and then a percentage of the win; about 10-20% is normal or even 30% if there is no money upfront. Often there is a separate fee for court appearances. Some lawyers take a non-returnable fee which is an advance on the win.

Another factor is the lawyer’s evaluation of your chances of winning – a higher percentage if the lawyer thinks you have good chances, more up front if bad! Lawyers must charge their expenses and VAT separately. Most lawyers waive simple expenses like postage or paper, some expenses can be substantial like doctors’ reports or foreign travel and you will be charged for these.

That leaves non-contentious (no court) cases, mostly drafting contracts and giving legal advice. For a contract for the buying or selling of land, expect to pay about 1/2% of the value of the property. This is very negotiable! Always bargain. If the lawyer represents both sides then he or she will ask for 3/4%, again you need to haggle. For rental contracts lawyers often take about 50% of one month’s rent, this is also negotiable.

For commercial and other contracts, lawyers charge about 2% of the value of the contract, this percentage will go down as the contract is of higher value (because the amount of work involved is the same).

General legal advice, written or not, depends a lot on the lawyer: 500 NIS to 5,000 NIS is a rough estimate. Proper written legal counsel, should be more expensive.

Remember: legal advice is only worth the money you spend. Pay cheap you get cheap. Be wary of cut price lawyers, They are not worth the saving. Traditionally Israeli lawyers quoted prices in US dollars but this is less fashionable. Remember that your lawyer’s price tag will rarely include VAT, currently at 15.5%. Always check if VAT is included or not.

Look here for the Bar’s recommendation for the minimal tariff (thought to be over-priced now). Never take on a lawyer or pay any money at all unless you are given a written fee agreement, this is most important but unfortunately not compulsory. I am a member of the South District Ethics Committee and I see the messes lawyers make because there was no fee agreement!

Law in Israel

שאול דיוויס עו”ד

“shtar hov” or “cheque bitahon”

A shtar hov שטר חוב is a deed or bill that is a bit like a cheque but contains more details. There are 2 types: with or without the details of the maker/payer’s bank account. You can get one at the post office for a few sheqel or download one for free on the web. The ones on the web can be edited to add or subtract the bank details. Not sure what the post office ones contain. The beneficiary/payee (typically a landlord) can cash the shtar hov at a bank if it contains the maker/payer’s bank details, or he will have to go to “Hotsah lafoal”  הוצאה לפועל if it does not have the bank details.

A cheque bitahon שיק ביטחון is an ordinary cheque upon which is written “cheque bitahon” or “שיק ביטחון” or “security cheque”. Usually the date and sum are left blank. The beneficiary/payee (usually a landlord) can cash the cheque bitahon at a bank.

To cash the shtar hov or the cheque bitahon the payee does NOT need the prior permission of the maker of the shtar or cheque or a court order. A nice bank clerk might telephone the maker of the cheque or shtar before it is cashed, to give him time to cancel it, but do not rely on this!

Very important to note that above is a rough outline. The exact details are a matter for negotiation between the parties (eg tenant and landlord) and will be subject to their contractual relationship. In other words, if you are going to give a shtar hov or a cheque bitahon make sure that the circumstances that they can be used are stated clearly somewhere in writing (usually this will be in a contract).

Law in Israel

שאול דיוויס עו”ד

Complaints Against Israeli Lawyers

Complaints Against Israeli Lawyers

Has your lawyer been grossly negligent, rude or otherwise badly behaved? If you think that your Israeli lawyer has behaved improperly, you can file a complaint against him or her at the lawyer’s local Israel Bar Association. The letter of complaint is a document that includes the chronology of the case. Attach relevant documents and be clear as to what your are complaining about. Do not forget to give both the lawyer’s full name and your full name and address.

The Israeli Bar association, its Ethics Committee and Disciplinary Court have jurisdiction over most matters except the following:

(1) Fees – ie over-charging or requests for refunds;

(2) Professional Negligence – ie shoddy work or even laziness.

If you have a dispute with your lawyer over his or her fees, it is best to sue in a regular court. For professional negligence, you could also sue in a regular court for damages. For this you will need a lawyer who is familiar with both the case in hand (eg land, traffic) and professional negligence.

You can look at here for the Israel Bar Law and the Bar’s “Rules of Ethics” (in English). There are also other rules of ethics found in other Israeli laws, eg in the various rules of procedure.

This is obviously a sensitive subject. I am a member of the Israel Bar, South District, Ethics Committee and I see lots of irrelevant complaints, usually clients who want their money back or complaining after they lost their case. But I also see some very serious matters involving breaches of fiduciary duty, criminal conduct and the likes. These are dealt with very strictly. Note that some criticism has been laid against the Israeli Bar for allowing members to deal with complaints, this will change and a “public representative” will now sit on the ethics committees and disciplinary tribunals.

Law in Israel

שאול דיוויס עו”ד

Who Is The Best Lawyer In Israel? or How To Find A Good One

Who Is The Best Lawyer In Israel? or How To Find A Good One

People often ask me for recommendations for lawyers. It is very difficult to say who is “the best”. “Best” is of course a difficult concept, all relative, and what is good for one is not for the other. Here are a few tips to pick your lawyer (the “top” man or woman). There are too many lawyers in Israel and not enough work to go around. Lawyers are getting into a bad habit of not turning away cases even if they are not fluent enough with the subject matter. You have to be careful. You want the best lawyer at a fair price. Choose wisely.

1. No friends. Stay clear of lawyers who are friends, family or neighbours. The man you like to chat with at synagogue will not necessarily be a good, professional and impartial lawyer . Communication with your lawyer is crucial, this does not mean you should be friends.

2. Recommendations. The best professional comes recommended by other professionals or anyone you trust. Ask around. Do not be shy to approach a lawyer and ask for a recommendation (you can ask me). Remember not to judge a lawyer by his or her public relations skills. I have seen so many lawyers, they are often in criminal law, who make a good “show”, but just do not deliver the goods. Likewise lawyers with fancy websites or big adverts in the newspapers. By the way, the Israel Bar is not allowed to recommend lawyers so do not bother asking there. One of the best sources of information on lawyers are judges’ clerks or secretaries. They see a wide selection of lawyers and see who manages to persuade the judge and get a result. Of course judges’ clerks are forbidden to recommend anybody so do not tell anyone where you got this tip from!

3. Experts and non-experts. Lawyers in Israel can call themselves experts or specialists in just about any field of law they want. There is no control over this at all. Tomorrow morning I can call myself an expert on Afghani law or military law. A lawyer who calls him or herself a specialist might just be looking for work in that field and will not necessarily know anything about it. (I think this is a disgrace, imagine a cardiologist claiming to be a dentist!)

You have to pick the right lawyer with the right speciality, for you and your case. The best criminal lawyer will probably know nothing about land law. You may have seen that great lawyer representing the multi-national corporation, but the chances are that he or she knows nothing about traffic accidents.

4. Local. For many cases, choose a local lawyer. In particular land law, tax or crime. You really want someone who knows your town, tax inspector or police station. Also a local lawyer will know the judges, this is a big advantage. Sometimes the locality of your lawyer is irrelevant but for most small, private work – local is best. Also remember lawyers are cheaper out of the Tel Aviv area or Jerusalem.

5. Small or large. Law firms in Israel come many sizes. There are not too many large firms (20+ lawyers is large in Israel) and they are all in Tel Aviv or Ramat Gan doing international and corporate work. In the “provinces” 5 lawyers is a large firm. Actually if you see a bunch of names on the door of an office, or on the headed notepaper, the chances are that they are not in a real partnership but lawyers who share an office and expenses. Large firms in Israel have good resources and a pool of associates of various specialities. They are also very expensive and do not like taking on little cases. A one lawyer firm (the sole practitioner) will give you better value for money and more personal attention. But when you pick a sole practitioner you must make sure he or she is good and reliable because you are stuck with him or her.

Consumer Reports (an American consumer group) suggests that the following questions be asked at your first meeting with the lawyer you are considering retaining:
• How many years of experience do you have in this speciality and how have you handled similar disputes in the past?
• What are the possible results from pursuing this matter?
• How long will you expect it to take to resolve this matter?
• How will you keep me informed of what is happening as the case proceeds?
• Will anyone else, such as one of your associates or paralegals, be working on my case?
• Do you charge a flat or an hourly rate and how much?
• What other expenses will there be besides your fee and how are they calculated?
• What is a reasonable approximate figure for a total bill?
• Can you give me a written estimate?
• Can some of the work be handled by members of your staff at a lower rate?
• Will unforeseen events increase the amount you charge me?
• If you charge on a contingency basis (a percentage of the win), what proportion of the amount I recover will be paid to you as your fee and can this figure be calculated after the expenses are deducted?
• How often will I be billed, and how are billing disputes resolved? If we cannot settle this, will you agree to mandatory arbitration?
• Do you need any further information from me?
• Can I do some of the work myself in exchange for a lower bill?
• Do you recommend that this matter be submitted to an arbitrator or mediator, and do you know anyone qualified to do this?

There are no clear answers to these questions but the replies you receive will help you decide.

Regarding fees do not go to a lawyer without reading my article on this.

Please, without hesitation, contact me and I will help you find you a lawyer.

Law in Israel

שאול דיוויס עו”ד