چکیده:
Lawyers, according to a familiar view, conduct their activities individually or in partnership with each other. Today, based on the laws and regulations of some countries, judicial advocates can provide legal services, including judicial advocacy, under specific laws and regulations as commercial companies or other institutions. In Iranian law, there are no specific regulations regarding judicial advocacy in the form of a legal entity. In practice, we also see that advocacy licenses have not been granted to companies and institutions. Courts also do not recognize legal entities as lawyers. Furthermore, the field for establishing legal entities such as joint-stock companies, cooperatives, and non-commercial institutions for activity in the field of advocacy has not been opened, and very little experience in this area has provided an opportunity for structural mobility and development. However, in Iran, due to the effective role of legal entities in this field, the current situation must be organized, and legal companies should be allowed to enter the field of advocacy under regulations, like other countries.
خلاصه ماشینی:
A Comparative Study of the Judiciary Advocacy System and the Necessity of Authorizing Legal Representation by Legal Entities (Legal Service Companies) Sam Savadkouhifar Assistant Professor, Department of Private Law, Islamic Azad University - South Tehran Branch Mohammad Bigi Habibabadi PhD Student of Private Law, Tarbiat Modares University (Received: 2015/03/12 - Approved: 2015/04/12) Abstract Lawyers traditionally conduct their activities individually or in collaboration with each other.
Today, based on the laws and regulations of some countries, judicial lawyers can provide legal services, including judicial advocacy, under specific laws and regulations as commercial companies or other institutions.
Here, reference is made to an example of these rulings 1, which was issued more than a century ago and relates to the New York Court of Appeals in a case called Cooperative Company 2: “Advocacy of claims is not a commercial matter open to all, but a personal right granted to a few individuals with specific conditions and characteristics after completing long courses including general and specialized lessons and passing an exam by a government agency dedicated to this purpose.
Special Rulemaking in Law Firms Looking at the laws of the countries studied, two issues in regulating matters related to 3 law firms attract more attention as follows: A) The responsibility of the shareholder lawyer for damages caused to the client Looking at various legal systems, including America, it can be said that in all cases, the company is responsible to third parties based on the principle of vicarious liability regarding damages resulting from the actions of its employees and representatives.
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