The need for the independence of the legal profession and solutions for the interaction of this institution with the judiciary

Document Type : Original Article

Authors

1 Islamic Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Mazandaran University, Babolsar, Iran

2 Private Law, Islamic Azad University, Karaj Branch, Iran

10.52547/jlr.2023.229856.2394

Abstract

The increasing complexity of social relations and human rights in the current era has made the presence of a lawyer a necessity to create a balance in the judiciary. The presence of a lawyer brings many advantages, including the transparency of proceedings and avoiding mistakes. In addition to the skills he needs to defend the client, a lawyer must have independence and security; Therefore, it is necessary to emphasize the independence of the lawyer's institution and to provide services as a self-governing institution, independent and at the same time under the supervision of the law, in a plan that has been in the process of approval for years but has not yet reached its conclusion. Moreover, ensuring the security of the lawyer, whether during the defense phase or after, is one of the solutions that determine the interaction of the legal profession with the judiciary. It should be remembered that the development of economic relations between countries is another influential factor that has revealed the necessity of creating a platform for the adoption of responsive laws and judicial development in the structure of the mentioned economic systems. For such conditions, it is necessary to accept an independent advocacy institution and maintain the security of the defense and guarantee the security of the defense. Accepting the independence of the lawyer institution as a forced result of the existence of a civil institution and accepting its effectiveness in the judicial health system can have positive effects on the judicial health and order.

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