Volume 12 - Special Issue on Human Rights and Citizenship Rights                   MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 79-91 | Back to browse issues page

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Rezaei H, Keshavarz B, Sadeghian A, Shiri F. Criminal and Civil Liability of the Lawyer of the Judiciary in the Direction of Advocacy Regarding the Client with an Emphasis on Citizenship Rights. MLJ 2018; 12 :79-91
URL: http://ijmedicallaw.ir/article-1-1222-en.html
1- Hamadan Branch, Islamic Azad University, Hamadan, Iran. (Corresponding author)
2- Shahid Beheshti University, Tehran, Iran
3- Ilam Branch, Islamic Azad University, Ilam, Iran
Abstract:  
With the Passage of Time and the Expansion of Civil and Criminal Laws and the Procedure Becoming More Complicated, The Need For a Lawyer has Increased, and the Right to Have the Services of the Lawyers of the Judiciary has Allocated More Stringent Legal Protections in the World to Itself. The Topic of Crimes and Violations of the Lawyers of the Judiciary and Issues Related to it on the one Hand, Will Maintain the Rights of the Honorable Job of Advocacy and on the Other Hand, Will Acquaint the Clients With the Contractual Rights Arising From the Advocacy Contract. And Their Citizenship Rights are Also Observed. The Proposed Question is What Crimes Can be Realized by a Lawyer of the Judiciary in the Direction of Advocacy Affair Regarding a Client? And are There Rules and Regulations That Can Guarantee the Implementation of all Violations by the Lawyers of the Judiciary? In Examining the Specific Crimes of the Lawyers of the Judiciary, the Most Important of Which Can be Mentioned as the Disclosure of Professional Secrets, Tax Issues Fraud, Claiming Influence and Pretending to Advocacy; Lawyers' Violations Regarding Clients, the Judiciary and the Bar Association are Most Evident. The Necessity to Perform This Article is to Realize Violations Without a Guarantee of Enforcement, Which Deserves Special Attention of the Responsible Authorities. Although the Research Findings are the Identification of Specific Crimes and Violations of Advocacy Regarding the Client, But the Main Challenge in This Article is the Lack of Adequate Rules and Regulations to be Able to Ensure the Implementation Guarantee of All Legal Violations of Lawyers, the Absence of Which Will Undoubtedly Lead to the Impudence of Violating Lawyers and the Violation of the Rights of the Litigants as Clients, Which Would Undermine the Dignity and High Value of Advocacy. The Twenty-Four Efforts of the Lawyers of the Judiciary are in Order to Honor the Position of Advocacy and the Citizens' Legal Assistance, Lest no Dust Settles on Justice, That This Issue Can be Realized With the More Than Ever Supervision of the Bar Association of the Judiciary by Considering Citizens' Rights.
Type of Study: Original Article |
Received: 2018/07/18 | Accepted: 2020/05/18

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