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Lawyer and how to choose it

 ?Who is a lawyer and how is it chosen

…..What you need to know about a Lawyer

?Who is a lawyer

.An attorney or successor is a person who is hired by another person, legally or genuinely, to perform the work of an officer, and by obtaining a power of attorney from that person to perform his or her work

According to the definition provided in Article 656 of the Civil Code, a representative or successor is a representative of a person who is selected and appointed as his / her successor to perform legal, criminal, etc

affairs according to the contract of representation with another person

Among the most important conditions of advocacy in the Iranian judiciary are studying and obtaining a bachelor’s degree in law, passing the relevant internship with an experienced lawyer, and passing the internship exams


 : Lawyer 

A person is said to have passed a special legal examination and training to obtain a license to practice law, and to be authorized to appear before a judicial authority on behalf of another person

Within the framework of a power of attorney contract between the parties, a person who chooses another person to do his / her work is represented by a client and an expert and selected person. During the contract of this contract, a limit can be determined for the lawyer

 :Among the things that a lawyer can do on behalf of his client are

Matters and issues related to divorce, legal litigation, criminal litigation, commercial contracts, all legal matters (except for the issues that the client must personally deal with and in which the person is not allowed to hire a lawyer for himself, such as: Laan (special ceremony) In Islamic jurisprudence, when a man and his wife curse each other with certain conditions), testimony about matters, confession, obedience, and among ….these things
Laws 656 to 683 of the Civil Code provide for rulings relating to a lawyer, which can be used to derive precise rulings


 

Iranian lawyer
Iranian lawyer

Types of lawyers

Absolute successor : Absolute successor means that a person has been chosen to do all his work in such a way that the person is allowed to do all the work of his client and no limit has been set for him

Restricted successor : A restricted successor means entrusting a person only to perform a certain task in a way that he no longer has the permission of his client in performing the duties mentioned in the power of attorney contract, and he should only try to perform the assigned work


How to choose a successor

The level of education and experience of a lawyer : To choose a suitable lawyer for the case, the most important point than the education of the person in question is the amount of work experience in previous cases, which should be selected by research and investigation

Choosing between lawyers of the Judiciary Association or lawyers of the Judicial Advisers Center : To answer this question, it should first be known that lawyers are usually divided into two categories: lawyers of the Bar Association who are separate bodies from the judiciary and lawyers of the Counseling Center who are dependent and below. They are the judiciary

Choosing a first or second grade lawyer : Second grade lawyers have work restrictions and are only allowed to work in certain cases, such as (criminal sentences that are less than 10 years in prison, fines and flogging, and sentences). Legal rights are less than 50 million Tomans, or in cases such as disputes in divorce, marriage, proof and denial of lineage are allowed to defend the rights of their client, but the basic lawyers of a court are allowed to accept representation in all legal cases. And they are criminal

Different types of lawyer selection

Selective : The selected lawyer is such that the client himself considers himself in need of a specialist in conducting judicial affairs, and by referring to the fact that the law firms choose his suitable successor and sign a contract with him

Coincidence : If a person has a dissertation in the field of law but has not been employed in the legal profession and to solve the judicial problem of his friends or relatives, he can practice law without passing the bar exam by obtaining a license from the Bar Association and during the legal process. It can be represented in that particular case

Assistance : When a person needs a highly qualified lawyer to defend his or her rights and does not have the cost of appointing a lawyer, the court or the Assistant Commission of the Bar Association will assign a lawyer to assist him or her in the enforcement case. Slowly, the manner in which this type of representative is appointed is called an assistant lawyer

Capture : When the criminal case is ongoing and despite the client’s need for a lawyer, the person in question refuses to select and appoint a representative or due to lack of financial resources can not choose a successor, at the discretion of the relevant court among free lawyers for justice He is hiring a lawyer to help with the case

 

 

Articles by Ali Mohsenzadeh_Basic Lawyer of a Justice
23 April 2020