Question :
My brother, being a lawyer, was handling some cases, but he passed away. Some of the cases for which proceedings had already begun were transferred – with the client's permission – to another female lawyer with a new authorization (wakalah) and a new agreement. Are the fees received considered part of the inheritance, or are they the right of the female lawyer who took over the case?
The Answer :
All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The fees received by lawyers from clients are considered wages (ujrah) for the agency (wakalah) service. The majority of jurists hold that the hired worker (ajir), in the event of the termination of the hiring contract (ijarah), is entitled to payment commensurate with the work he has performed. Imam al-Shirazi (may Allah have mercy on him) said: "And whenever the contract is terminated due to destruction, or due to returning the item for a defect, or due to the impossibility of benefiting after some benefit has been utilized; the agreed-upon amount is divided proportionally to what was utilized and what remained. So, what corresponds to the utilized portion becomes binding, and what corresponds to the remaining portion is forfeited, just as the price is divided for what was destroyed of the sold item and what remained. If that is something that varies, its valuation is referred to experts" [Al-Muhadhdhab, Vol. 2/P.264].
Therefore, if one of the contracting parties dies and the heir does not complete the work, the contract is dissolved. The worker is then entitled to a portion of the agreed-upon commission, proportional to the amount of work he performed, as estimated by experts. If the worker did not perform any work, he is not entitled to anything. If he completed half of the work, he is entitled to half of the agreed-upon commission, and so on. Imam al-Shirbini (may Allah have mercy on him) said: "It (the contract) also terminates upon the death, insanity, or unconsciousness of one of the contracting parties. And if the employer dies after the commencement of the work, and his heir returns it [to the worker or cancels it], then the portion of what was done during his lifetime from the agreed-upon amount becomes due. Al-Mawardi said: 'If the worker dies and his heir returns it, he is also entitled to the portion'" [Mughni al-Muhtaj, Vol. 3/P.624].
In conclusion, the estimation of the lawyer's fees should be referred to the proportion assessed by experts in the legal profession, based on the amount of work the lawyer performed before his death. After the death, the agency (wakalah) is dissolved, and what remains becomes the right of the new female lawyer based on the new authorization. And Allah the Almighty knows best.