Study of the Status and Independence of Attorney-at-Law Based on Jurisprudential Principles and History of Jurisprudence

Document Type : Original Article

Author

Assistant professor, Department of jurisprudence and law, faculty of theology, University of Shahid Madani Azarbayejan

10.52547/jlr.2023.229889.2399

Abstract

This study, after defining and explaining the independence of Attorneys, has paid attention to the position of the lawyer in the detailed jurisprudential texts. jurisprudential texts have been studied in different eras from the time of first tradition in the first and second centuries AH to the era of jurists from the fourth to the fourteenth century and contemporary jurists. findings are: There is no decisive condition for advocacy except maturity and intellect. Awareness of the subject of the lawsuit has been considered by jurists. Apart from the above conditions, no other condition has been considered by the jurists. It is inferred from this that Throughout the history of jurisprudence, state interference in advocacy or lawyers has not been approved by jurists. The jurists have recommended having a lawyer to participate in lawsuits. The scope of authority of a lawyer is very wide and except in cases where the client's participant is clearly a condition, a lawyer can be hired in other cases.

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Legal Research Quarterly
Volume 25, attorney standards
March 2023
Pages 265-286

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History

  • Receive Date: 19 May 2022
  • Revise Date: 06 June 2022
  • Accept Date: 06 July 2022

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