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Senior Advocate, Master of Law, Official Judicial Expert

In The Name Of God

Accepting the cases and ignoring the efforts of colleagues

By: Kioumars Sepehri

The fact that some of the clients' cases do not lead to the desired result seems to be common and unavoidable in the world of advocacy, and whether or not some clients are dissatisfied with their lawyer for this reason (although it may be apparent that they do not pay their salaries or Be) Of course, the failure to achieve the desired result in any process may be due to reasons or causes such as: weakness of reasons, judicial inference of the court which was contrary to the opinion of the client, or even a mistake in inference by the court or lawyer. Be on the side of the claimant and…

It may also not be arguable that in some cases a lawyer is forced to accept a defense (although it will be discussed separately in the future) from clients whose case results are so clear that it is to his detriment, such as that of clients, friends and acquaintances insist that a lawyer defend his case by acknowledging that it is very difficult to achieve the desired result (but they are genuinely right, such as a victim who has been robbed by thieves, and does not have enough reasons against them, or that he is in fact It was decided that all the evidence against him would indicate that he had committed the crime. Rejection, however, is really innocent, and 2) And the lawyer, in the spirit of the right to help a client who is truly deserving - and has no choice but to defend his rights - accepts and defends the case, but in any case does not achieve the desired result. However, despite the above, other lawyers have accepted such deadlocked cases, which have reached the end of their normal proceedings, on the condition that they guarantee the desired outcome of the client, which is not a good thing (of course, finding a new solution in itself). It is useful (and worse than not acting in such a way that this perception and idea arises in the client that his previous lawyer has failed and the failure to achieve the desired result is due to his actions !! This is very disgusting and ugly, especially since we know that our colleague has used all his scientific and technical abilities to advance the client's (albeit right) request, and perhaps he was more experienced than his mother in the case, and in spite of all this, the client Whether we like it or not (whether in speech or in practice), we do not encourage the claim of refund of payment from your colleague!? This approach is by no means justified; although we may not think our partner's approach was favorable, we should not overlook the fact that everyone is following the method and He chooses and follows the method of defense and follows it according to all aspects (such as the morale of the jury, the reasons of the party, etc.). And deserving of reward. In such cases, by explaining the efforts and useful actions of our colleague in progress, we can use our possible innovative strategies in favor of the client without compromising the efforts of others. Of course, the issue of the lawyer's unforgivable mistake (which is due to lack of attention, accuracy and seriousness) and his ignorance of the principles and rules is another discussion that we will address in the future, God willing.