Ali Mohsenzadeh's law office

وکیل بین المللی و وکیل پایه یک دادگستری، عضو کانون وکلای مرکز

Who is a substitute lawyer?

Who is a substitute lawyer called

How and under what conditions can you have a substitute lawyer

According to the law of the Islamic Republic, a substitute lawyer is a lawyer to defend the rights of an individual who does not have sufficient knowledge and knowledge of the law and can not defend himself according to the law, nor is he able to hire a private lawyer

Article 35 of the Constitution of the country

According to this law, everyone has the right to choose a lawyer in legal and criminal cases, but if a person not able to get a lawyer, the court hearing the criminal case to defend the rights of the person and expedite the process of the lawyer’s case for him. It is called a substitute lawyer
It should be noted that in cases such as life imprisonment, execution, stoning or retaliation, if the accused does not submit a request to the court to choose a lawyer, the court is obliged to choose a lawyer for him, even if the accused does not have this request and opposes getting a lawyer

Substitute Lawyer - Ali Mohsenzadeh Law Office — Substitute Lawyer – Ali Mohsenzadeh Law Office

Where are such lawyers selected

If the court concludes that the person is not able to choose a private lawyer, he / she will choose a lawyer for him / her from among the lawyers of the jurisdiction, and if the lawyer wants his / her attorney, this attorney will be represented by the court and the budget of the judiciary. This lawyer will be paid

What are the conditions for choosing a substitute lawyer

The term substitute lawyer is used in criminal cases and in legal cases a lawyer is used
The choice of this type of lawyer is possible in special cases such as retribution, execution, life imprisonment and stoning, and if the accused does not choose a lawyer
The court concludes that the defendant himself is not financially able to choose a private lawyer
In the above cases, if the accused does not choose and is interested in choosing a lawyer for himself, the court will choose a lawyer for the accused according to its discretion
The authority to review the selection of this lawyer is the court in which the case is examined and the selection of a lawyer is the responsibility of the court and the accused can not choose anyone as a substitute lawyer based on personal interest
Only the accused can request a lawyer from the court and the plaintiff is not able to do this and if necessary you should use a private lawyer
The lawyers who are selected for this type of advocacy receive all their attorney’s fees from the court and from the budget of the judiciary, and all attorney’s fees belong to the lawyer himself and he does not have to pay a percentage of it to the Bar Association

Close up lawyer businessman working or reading lawbook in office workplace for consultant lawyer concept.

Where to go to get a replacement lawyer

A lawyer can only be requested and selected by the accused whose case has been examined in court, and the sole decision-maker in this regard is the court and the judge in the case, and this has nothing to do with the Bar Association, even if the lawyer selected is from the Bar Association
Therefore, citizens do not need to go to a bar association or any other body to get a substitute lawyer, and this issue should only be requested from the judge of the case