|
I swear by almighty God that I must defend for the right and justice and have honesty and honor as methods for my life style to follow of my career .Also I should respect the constitution and law and keeping on due respect of the courts and general authority "this is how the lawyers begin their career, and defend about the aggrieved and owners' rights. Saudi legislator defined legal profession in the first article of lawyers 'system like the following: it is the pleading for the other in courts and ombudsman office, the formed committees by following the methods , orders and decisions of the issue and using the legal and systematical consultations .The person who does this job is called lawyer .on the other hand the Egyptian law for lawyers defined it as "it is a liberal profession where it shares the judicial authority to achieve justice and confirm using the law and have the right for pleading for citizens' rights and freedoms. The persons who do this profession are only the lawyers. They haven't any responsibilities upon them except their conscience and the articles of law .the jurists defined bar and who practices it of the lawyers .one of the jurists whose name is Ahmed Abu Al wafa defined it like the following "they are a group of legal persons not like recruited employees who help people by advising them and caring of the proceeds of dispute against the courts by presenting the power of attorney for the lawyer .Also Foliter described that it is the best profession in the universe .All of these definitions gloried it's great old history. It was found from the ancient ages passing with the sophistic(they were able to turn the truth into null and null into truth by using their correct intellectual argument )until being in the present judicial life so it became organized and regulated .when we gave the lawyer the charge of doing his duties ,we should indicate for him penalty, respectful and civil responsibility and we should ask about the origin of this obligation which belongs to him if it is for exerting for care or for achieving a result . The way of expressing this matter that there is a comparison between his interest of achieving a result and exerting care, where this comparison is not fixed to be the responsibility to be limited or depend on the contract .For answering this question, we should look forward the evidences of contract supporters for the lawyer and its comparison with the other one whose people say that the responsibility of the lawyer is limited. But contract supporters say that his mistake is returning for that he doesn't follow the contract well .This view is followed in Egyptian , French , English and American law and they thought that the relationship which is between the lawyer and his agent as the deputy and client .They agreed that the contract is the main but they differed about the origin of this contract .some of them regarded it as a free contract by considering this profession as high developed and high position so they don't require any payment but this vision is changed fast because some of the works depend on the materialistic side .Some also regarded it as a contract of authorization because the lawyer does works which he has been authorized to do according to this authorization which gave him all the possibilities and validities to do everything for his client of pleading for his rights whereas this vision has a criticism because some works of the lawyer don't depend on the contract of the authorization .the third vision of contract regarded the contract as one of the construction contracts which means that someone does something in return of having money without being subjected to his supervision and his will ,but this point of view makes lawyers depend only the materialistic works where the works of lawyers are mixed of the legal works and the interfered materialistic issues which cannot separates .the fourth vision regarded it as one of the general law because of its subjection to private rules .Also he is the first person to make finishing of the dispute and let the judge to give his verdict to solve this dispute but this vision doesn't proper for the nature of this profession whether he is representing the justice and being a helpful person to glory it but he isn't an employee so this profession doesn't be fixed and limited task so it is a liberal profession. He is practicing his profession with full freedom and independence. The employee who is obliged to follow a contract of the general law isn't have a sense of freedom and doing this work whether he is satisfied or not .All of these critics which faced the name contract made some of these views like the French jurist whose name is Garconnier .All of these peoples regarded the contract which is between the lawyer and his agent is legally right which has known effects by the jurists where this relation is depended on two factors :there is a legal relation between the lawyer and his client where the responsibility of the client is up to the lawyer for doing everything on behalf of him .this focuses on that the lawyer has an independence upon the legal literary factor and the materialistic .All of these critics which faced the supporters of the contract made some of them to say that the responsibility of the lawyer is double which may depend on the contract or may be limited .The limited responsibility for the lawyer is depending on that there isn't a legal respect which represent in exerting enough caring according to the merits and the concepts of the profession .the works of the lawyer have a kind of a scientific literary vision which isn't for a contract .in this condition he is exerting care not result but he should ask for his fees of pleading for the client which was written in the 26th article :it said that the lawyer should have his fees of defending for the client by making a contract but if there isn’t a contract or there is a difference in it or it is null ,the court which released the verdict for it will declare about these fees according to the lawyer's exert and the benefit of the client .also this verdict is performed if there is a release of a branch claim .in brief ,the responsibility of the lawyer is between lessening of completion of legal duty and the violation of the contract which is connected between the lawyer and his client .In this condition the responsibility of the lawyer is exerting care and in the other side is achieving a result.
|
