A comparative research on the jurisprudential and legal basics of lawyer`s civil liability

Document Type : Original Article

Authors

1 استادیار گروه حقوق خصوصی جامعه المصطفی العالمیه، قم

2 almustafa university

10.52547/jlr.2023.229927.2411

Abstract

Right to have a lawyer in the judicial procedure accepted by many legal system and Islamic jurisprudence. According to that right, someone following the other`s law cases and defend their clients.fi that right confirm consciously and under the rules, can be useful for righteousness but complexity of cases in one hand and conflict on interest on other hand, faced it with problem. Because sometime the lawyers don't pay attention to their duty. They fault or default to their duties. So the client or other one face with detriment. Now this question comes to mind that is the lawyers have civil liability or not. Fi it passive, what's the basics of that liability. This research is trying by library obstacle and analytic method for the answer. Research shows that lawyer should conduct in a conventional way under the good faith otherwise they will face with civil liability. The rules and principle such as harmless (la zarar), respect (asl ehteram), omit the possible remedies (dafe zarar e mahatmal), waste(etlaf), glorification(tasbib), warning(tahzir), fault, risk, reasonable manner and etc. are can be the basics of lawyer`s civil liability.

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Main Subjects

Legal Research Quarterly
Volume 25, attorney standards
March 2023
Pages 241-264

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History

  • Receive Date: 04 June 2022
  • Revise Date: 30 June 2023
  • Accept Date: 08 August 2022

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