Examining the obligations of a lawyer with an emphasis on judicial procedure

Document Type : Original Article

Authors

1 PhD student in Private Law, Zanjan branch, Islamic Azad University, Zanjan, Iran.

2 Associate Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran. Visiting professor at Zanjan branch, Islamic Azad University, Zanjan, Iran.

3 Retired full professor of Tehran University, Tehran, Iran. Visiting professor at Zanjan branch, Islamic Azad University, Zanjan, Iran.

4 Retired professor of Imam Khomeini International University,Qazvin, Iran. Visiting professor at Zanjan branch, Islamic Azad University, Zanjan, Iran.

10.48300/jlr.2023.356041.2149

Abstract

Obligations and limitations of a lawyer are one of the important issues that have discussed in the Civil Procedure Law and the Criminal Procedure Law. The silence of the statutes and the lack of discussion of some substantive issues related to the power of attorney contract in the civil Act have forced judicial practice and legal doctrine to intervene and provide a way. Examining the Acts and regulations and the judicial procedure shows that the obligation to lawyer’s present in the hearing was accompanied by exceptions and at the same time, the lawyer has obligations, limitations and powers that need to be examined more carefully. The possibility of multiple lawyers provides the conditions for the presence of one lawyer and the presentation of another lawyer's bill. Although the client cannot allow the individual action of the lawyers.
Considering these facts, this paper examines the obligations, limitations, and duties of a lawyer based on judicial practice and provides the necessary solutions for ambiguous cases.

Keywords