An immigrant demands that the head of the Justice and Legislation Committee do him justice in the matter of the disputes fabricated against him by a lawyer.

Agadir24

Moroccan citizen Hussein Boukhir, residing in Europe, sent an open letter to the Chairman of the Justice, Legislation and Human Rights Committee of the House of Representatives in Rabat on the subject of: allegations of a lawyer in the Casablanca Bar.

Boukhir explained the details of the subject of the fabricated disputes against him and his interests and legitimate rights by the so-called Professor Mohamed Bouhi, a lawyer at the Casablanca Bar, who was pleading for him in some cases and then suddenly switched from defense to attack without prior warning.

Boukhir confirmed that after several successive mistakes and after extensive discussions with him that did not reach reasonable solutions, he found himself with files Nos. 136/137/293/294/385 T H for the year 2022 issued by the Casablanca Bar Association, which has so far issued implementation files Nos. 126/127/128/129 for the year 2023 at the Guelmim Primary Court, which he faced on his part with a legal and administrative procedure, which is the permission to seize the properties that it placed at the Guelmim Primary Court on June 19, 2024, where he requested the seizure of a group of privileges that the professor lawyer claims to have obtained in the files he is pleading, which are a group of real estate and hundreds of fallow hectares that are worth an exorbitant price (according to his expression), and he also requested and gave full powers to the esteemed court and the relevant authorities to do what is necessary for the professor lawyer to obtain his full fees and transfer the rest of the properties to charitable social institutions in the region.

Boukhir confirmed that he is the one claiming civil rights in all the cases that the lawyer is pleading, and all of them are related to proven and confirmed cases of forgery, and all of them also did not take their normal course that is likely to be linked to the evidence of the files that are completely in his interest and rights, but on the contrary, the results of most of the files were negative due to what he called the “negligence” of the lawyer and his lack of professionalism and expertise.
For example, but not limited to:

• File 653/2525/2020 at the Court of Appeal in Agadir, in which an official of the authority (currently dismissed) forged his signature on a delivery certificate, then Decision 6690 in the same file issued on December 24, 2020 came in the form of not accepting the appeal of the civil claimant, and after that he and the professor saw the need to refer the file to the Court of Cassation and given that the lawyer did not submit the confirmation memorandum in full and in detail, this had a negative impact on the course of the file and against my personal and civil rights that I am demanding, and the Court of Appeal in Casablanca also ruled in File No. 124/1124/2023 by Decision No. 30/2024 dated 03/28/2024 to cancel the decision taken and to authorize again the referral of the file to the Board of Directors to continue the follow-up procedures, and on the contrary, he was surprised that the lawyer insists on implementing the ruling on 06/03/2024, three months after the issuance of the decision of the advisory chamber, and he returned to demand the content of the decision Which was issued by the office of the captain under No. 136 T H for the year 2022, for a total of fifty-five thousand dirhams, although he received from him via a financial transfer the agreed upon amount of nine thousand dirhams, which represents the total of his fees in this file.
• Misdemeanor file No. 178/2801/2020 at the Court of Appeal in Guelmim related to false witnesses who contributed and participated in the creation of a document containing incorrect facts and its use, which is the file that was ruled on appeal and finally in my favor with a compensation amount set at 30,000.00 (thirty thousand) dirhams only, and the implementation file is still ongoing at the judicial services of Guelmim, while Professor Mohamed Bouhi indicates in statement No. 162/1120/2022 addressed to the First President of the Court of Appeal in Casablanca, that he has not received his fees finally, although he submitted to him on 01/26/2021 a request to withdraw copies of the executive and notification decision, in which there is an explicit and implicit permission to end the litigation relationship between them in this file, but in the same statement mentioned above, he indicates that his submission of the request to him was due to his suffering at that time from a health problem due to the repercussions of the Covid 19 epidemic, and the truth is that he was present in court normally and attended the session of his personal file on 01/25/2020 His name and presence were explicitly mentioned in the minutes of the meeting.
• Misdemeanor file No. 1252/2101/2015 at the Court of First Instance in Guelmim related to forgery in the administrative management of the association, in which an employee of the clerk’s office at the Court of First Instance in Guelmim forged the date of the appeal deed for compensation 05/25/2016 to 06/25/2016 to fall on a Saturday outside of working days, thus depriving him of his right and the right of the association to appeal and thus losing and failing the file, and therefore, in my capacity as Deputy Secretary of the Association, I filed a lawsuit against the clerk’s office employee, file No. 1295/7112/2019, which was ruled in his favor for an amount of 20,260.00 (twenty thousand two hundred and sixty) dirhams as compensation from the Ministry of Justice, still in the deposit fund of lawyers at the Casablanca Bar, and in return, the lawyer, Mr. Mohamed Bouhi, demands from him in this file a total of fees that he specified in the fee determination files Nos. 294 and 385 for the year 2022, totaling 90,000.00 (Ninety thousand) dirhams, and the office of the President of the Bar Association set it at a total of 44,500.00 (forty-four thousand and five hundred) dirhams stipulated in the current execution file. This is an illogical amount as it exceeds what he was compensated by the Ministry of Justice by more than double, and Boukhir wondered how I could extract an amount of money and pay more than double it, not to mention that Mr. Lawyer Mohamed Bouhi informed him through the judicial commissioner, Mr. Hassan Ashaq, on 03/16/2022 under No. 76/2022, the content of which was an “agreement” on fees that he set at 10,260.00 dirhams, i.e. more than half the amount awarded to me, and despite the fact that he lost or forgot a set of receipts for the file expenses that exceeded 2,500.00 dirhams, which he handed him to present to the judicial commissioner to submit them in the payment report, which shows the negligence and negligence of the lawyer and confirms what I am telling you, Boukhir says.

In this context, and in light of all the transgressions of the lawyer and his claims about obtaining valuable privileges (and the burden of proof is on the one who claims), Boukhir requested, first, support to find a lawyer to plead for him against the lawyer Mohamed Bouhi, given the refusal of many to do so within the framework of a kind of sectoral solidarity, and even when I find those who accept or pretend to accept, they put him in front of another impediment related to imaginary fees, which causes him and everyone who lives in the same situation to lose their constitutional, legal and legitimate rights, due to the refusal of lawyers to plead against other lawyers or demand exaggerated fees from them.

Second: Research and scrutinize all the rulings issued in his files, which were issued by the Guelmim Court of First Instance, in order to clarify matters and determine the truth and the sources of the defect.

Third: Defending his right to pursue and investigate with Professor Mohamed Bouhi the allegations he presented in his book and in his files against him, while exploiting his experience and years of work first as a judge at the Court of Appeal in Rabat until his retirement, then his current joining of the legal profession at the Casablanca Bar Association, says Al-Hussein Boukheir.