Abstract:
Disciplinary supervision of the function of lawyers, like other professions, has been entrusted to the members of the Bar association, which in a way is considered to be the realization of self-regulation. The aforementioned supervision guarantees the rights of citizens (clients), public and social public interests, and on the other hand, the efficiency of Bar associations in the position of defending the rights of its members and especially as a civil institution and in the position of realizing democratic supervision over the government. However, the basic question in this article is: how reliable is the existing legal process in the area of responsibility and disciplinary infraction of lawyers, and on the other hand, what possible problems does it have? By focusing on the principles of fair trial, it can be seen that the legality of the court, the legality of the procedure, the legality of infractions and disciplinary punishments have been considered to a large extent in the legal bill on the independence of the Bar Association and subsequent regulations, but the basis of the regulations crimes and punishments have caused challenges so far.
Machine summary:
2 Third, although legal representation is not considered absolute representation in itself and, pursuant to Article 35 of the Civil Procedure Law,3 is limited to litigation, we know that litigation agency is a blend of knowledge, technique, and art 4 and in many cases, the attorney must be able to choose, based on their own judgment, the best possible way to defend their client's rights; therefore, with regard to Article 667 of the Civil Code,5 if the attorney has exerted all their effort and care, they appear to be exempt from liability, and the disciplinary court or judicial authority cannot, solely based on the belief that better solutions existed, 1.
In addition, it should be noted that while, in general, the provision of the mechanism for disciplinary violations is intended to make the supervision of Bar Associations over their members more efficient, on the other hand, the legality of the aforementioned three stages is mainly aimed at preserving the independence of attorneys and their immunity in performing their professional duties against potential abuses of power sources.
7- Considering that the legislator's permission regarding the preparation and approval of the executive bylaws of the legal bill for the independence of the Bar Association is delegated to the Minister of Justice, it does not include the establishment of a peremptory rule indicating the determination of the punishment of temporary or permanent deprivation from the profession of law, or the declaration of invalidity of documents mentioned in the note to Article 76 of the aforementioned bylaws in courts and other official authorities.
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