As has been reported in the media, the comptroller's son, Hagai, was seriously injured in the war in Gaza and is hospitalized at Hadassah Ein Kerem Hospital. While the comptroller has not personally been exposed to this issue, he received a request from the Ministry of Defense regarding the necessity of regulating the issue at this time.
Comptroller Englman wrote to the ministers that the request he received brought to his attention that "while the State of Israel is at war, there is a regrettable phenomenon in which lawyers are exploiting the difficult and sensitive situation and visiting hospitals in order to get injured IDF soldiers to sign representation agreements, while charging high fees." While there are laws that supervise legal fees in order to prevent exploitation of clients in distress, such as in car accidents, the Victims of Nazi Persecution Law and the Law on Compensation for Families of Hostages and Missing People (which was passed two weeks ago), a gap remains regarding the representation of those injured in war and hostilities.
The state comptroller assumes and hopes that the phenomenon mentioned does not reflect the way most lawyers engaged in this sensitive area operate. Nevertheless, there is great importance in regulating it for the benefit of all injured people.
A bill limiting legal fees to injured IDF soldiers was passed in a preliminary reading about three months before the October 7, 2023 massacre. This bill was based on similar bills that had been submitted in the past, but had not been advanced. This bill was not advanced due to a decision by the Ministerial Committee for Legislation to support the bill only in the preliminary reading, on the condition that afterwards the bill would not be advanced until the preparation of a governmental bill on the issue of expanding legal aid.
Hence, there was a delay in regulating this, and consequently IDF soldiers and civilians injured in hostilities are exposed to invoices for legal fees without any limits, while they need these sums in order to rehabilitate their lives.
In his letter, the comptroller writes that "since October 7th, that black Saturday when thousands of Hamas and Islamic Jihad operatives invaded Israeli territory, massacred civilians and abducted people, there have sadly been many thousands of IDF soldiers and civilians injured in hostilities, and their number increases as the fighting continues.
This difficult reality demands that a wide variety of matters be addressed as soon as possible, to prevent further harm to those injured, who have contributed to body and soul to the state, and to enable them to receive all of their lawful rights, without needing to give significant portions of these sums, which are paid by the state treasury, to others, some of whom seek to exploit their distress.
It is therefore necessary to act without delay to settle this matter, including by taking action to set a regulated and fair rate for legal services provided both to injured IDF soldiers and to civilians injured in hostilities."