In The Name Of God
Explanations about the set of professional behavior rituals and its appendices
By: Kioumars Sepehri
As societies expand and relationships become more complex, so do professional professions. Professional groups, on the other hand, are sometimes made up of a wide range of members with different cultures, beliefs, and religions, and even different scientific and professional abilities. It is not possible to measure many of the issues and functions of the members of these professional groups by public standards. Therefore, there is a need for special principles and criteria of the same profession, which in case of doubt, it can be recognized that this action is "acceptable" or "desirable and ideal" or does not correspond to the minimum criteria and is a violation of it. Criteria and punishable. From a different perspective, given the vastness of the members of the professional professions and the differences in the level of experience and professional background and the annual entry of a significant number of educated people as new members of the profession, most of whom lack practical experience, the need to draw and explain values. Behavioral and ethical principles and rituals reveal each profession so that the novice member can visualize the horizons and ideals of his chosen profession and take a step in this direction and apply his professional actions and behavior according to these criteria. And follow the instructions.
Among certain professions, it seems that the "advocacy profession" (and consequently the Bar Association) in its modern sense requires more than any other profession (and professional body and institution) to have "professional conduct". Because, "advocacy" as a professional profession beyond a job, has a special status and dignity and has special social and public responsibilities, because both the nature of the profession and the social requirements and the legislature 1 in return for the privilege to The lawyer has given him special duties as the executor of the public will. Considering the above-mentioned issues, the need to develop the Code of Professional Conduct for Lawyers has been felt more and more for several years (since 2009) the Kermanshah and Ilam Bar Association has taken and presented measures and suggestions in this regard. Fortunately, with the care of God, during the Nowruz holiday in 2014, the collected materials were compiled (as the initial text for starting work) and from the beginning of 2014, a five-member working group (with the participation of Mr. Aslan Weiss, Behrooz Rostami, Ali Asadi and Shahab Tajri) ) Continuously start the development of professional behavior ritual, which is the result of the efforts of this working group in 52 sessions and about one person per hour, a collection that is in front of you.
Attention is paid to a few issues that are mentioned below, so that the efforts of dear readers in accompanying and supporting the editors to complete this collection (whether by mentioning defects and innovative suggestions or constructive criticism) are reduced and the work is done as soon as possible. Reach the desired.
A: The principles, criteria and standards set for this purpose have been formulated to be considered as "exemplary regulations" by the relevant authorities (Bar Associations, National Union of Bar Associations of Iran, Legislators of the Islamic Republic of Iran). . As is the case in international relations and law (in the sense that standards are set and countries are gradually implementing those standards as required), it cannot be expected that all of these principles and criteria will be implemented together. To enter. In addition, the goal is to make the "Code of Professional Conduct" at least instill in the legislature that this is a necessary and important issue, so allow the central body to develop and enforce the Code of Professional Conduct in the future. The Bar Associations (which are to be established) should give according to the requirements.
B: The principles, criteria and standards developed in some cases may also include the applicable regulations in that field. Bringing these criteria together with the established criteria is for coherence, order, correct and principled explanation of the case, and perhaps one of the reasons why this collection has been given the title of "professional behavior ritual", not "principles (or ritual) of professional ethics" , That's it. On the other hand, the proposed issues and proposed criteria go beyond the principles of professional ethics. However, from one point of view, it can be said that professional ethics can have a larger circle of professional behavior.
C: If, in the opinion of some esteemed colleagues, the established ritual is considered long and more than necessary, detailed and it is considered as a defect of work and undesirable, it should be explained: The need for standardization and regulation (positive) seems to be a positive thing, because the goal is to formulate and explain desirable and ideal behaviors and to show high-risk routes and precipices, so the clearer the routes become, the easier and less expensive the route will be. And the newcomer and inexperienced member will reach the high peaks of the profession more easily and quickly. In addition, the purpose here is not to formulate rules for punishment or disciplinary punishment, but the main purpose of informing and showing the beauty of some actions that can be taken and also to show the ugliness of some actions that have been experienced in this profession and caused a lot of damage ( However, some of these actions may be prosecuted in accordance with current or future regulations.
D: In parallel with the "Code of Professional Conduct", which in a way expresses the do's and don'ts of the members of this profession, an important issue that has been emphasized and paid special attention to is the issue of "professional rights of lawyers". It has not been paid. This should not be overlooked (in the promotion of the legal profession, the health of the behavior of the members of the profession, the facilitation of work for lawyers and the reduction of tension in this profession). Therefore, it is appropriate for experts to pay special attention to this issue.
On the other hand, when it comes to the ideal lawyer and the higher the attorney's advocacy, there is certainly a need for a conscientious objector association and capable, knowledgeable, compassionate and adherent managers of the core values and principles of the legal profession. Based on this, the professional duties of the Bar Association (as one of the complementary pieces of the collection whose goal is to promote and enhance the profession of advocacy) have been compiled and explained.
Finally, in this cycle, the staff of the Bar Associations also play a role as part of the organization of the Association. Based on this, a moral charter has been developed for these colleagues of the association (like other administrative units) to determine what their desired behaviors are and what prerequisites are required.
E: To compile the collection, many related articles and books have been studied and some of them have been used specifically, the list of which is listed at the end of the collection. A significant portion of the material originated from the professional or managerial work experience of colleagues, and part of the material was adapted from the rules developed for lawyers or bar associations of some countries and international organizations, which adapted to the existing cultural and social conditions. Has been. As far as has been examined, apparently no such complete set has been developed in any country regarding the legal profession. And so on.
F: Anyway, this is new work in some ways, and it certainly has its drawbacks, especially in the case of some challenging issues, there may be a lot of discussion. Therefore, we will be ready to listen to and see any kind of fair and constructive criticism and opinion of experts, and on some issues, since it may be considered a temporary, strange and unnecessary look, it is worthwhile to think carefully and comprehensively. Consider more.
Final point: What has been considered as the ideals and general goals of compiling the collection is as follows:
1. Drawing the do's and don'ts and horizons of the legal profession in terms of professional performance and behavior.
2. Develop criteria for the behavior of lawyers as a guide in the proper implementation of law and justice and improve the level of advocacy services.
3. Maintaining and improving the independence, dignity and professional status of lawyers in front of judicial, governmental and public authorities and clients by observing the fundamental values and conventional principles of the legal profession.
4. Respecting the general and fundamental values and principles of the legal profession, such as: integrity, honesty, trustworthiness, sufficient scientific and professional competence in providing services and performing professional duties.
5. Protecting the rights of the Bar Association, colleagues, clients, citizens, the judiciary and other authorities in connection with the legal profession, as well as explaining and recognizing the professional rights of lawyers in these cases.
6. Preserving, strengthening and expanding the spiritual, scientific and moral aspects of the legal profession.
7. Explain behaviors and approaches that impair the independence, sanctity, dignity and status of the legal profession.
8. Encourage attorneys to be accountable and accountable for injustice, violation of the law and the rights of citizens in any way and by any individual, group or defense of human rights, regardless of existing restrictions.
9. Creating a suitable environment for lawyers to become role models and stay in the community.
At the end of the guidance and comments of Dr. Shojaei, Professor of the Research Institute of Professional Ethics of the University of Tehran and the encouragement and points of view of Dr. Gholamreza Tiranian, Dr. Nasrollah Ghahremani, Dr. Behrooz Taghikhani, Mohammad Reza Madadi and Dr. Hassan Farhoudinia and Reza Zarei (Honorable Lawyers of Justice) and all the esteemed colleagues who have criticized and commented on the Bar Association of Kermanshah and Ilam Provinces (especially Mr. Khodakaram Ebrahimian, Mr. Ali Bigleri, Mohammad Ali Asnaashari, Amir Basiri) thanked him for his health and happiness. And their honor is due to the one God.
Thanks
Kayoomars Sepehri
Editor-in-Chief of Professional Behavior
PS:
1- See, for example, Articles 1 and 2 of the Law on Promoting the Health of the Administrative System and Combating Corruption, approved in 2011 by the Expediency Discernment Council.
2- Some of these suggestions and actions are:
- Approval of the course "Professional Behavior" as one of the courses tested by law trainees in the meeting of the board of directors on 5/21/1388 and its proposal to the union for approval in all centers.
- Approving the proposal to compile the Code of Professional Conduct and the Ethical Charter to the Union in October 2009.
- Proposing the issue of "advocacy and lack of principles of codified and binding professional conduct" for the first National Congress of Lawyers in Isfahan as one of the problems and challenges of Advocacy Day, October 2010 (Journal No. 53 of the School of Law).
- Approving the proposal of the Bar Association of Kermanshah and Ilam Provinces regarding the compilation of the ethical charter of lawyers and trainees and the annual selection of "provincial and national exemplary lawyers" in the meeting of 11/28/1389 of the Executive Council of Escuda.
- Proposing the inclusion of the course "Code of Professional Conduct and Advocacy Systems" in the regulations related to the description of the duties of internship (12/26/1389).
- Announcing the need to develop a code of professional conduct and ethical charter for lawyers and bar associations to the union as well as the Bar Associations of Iran and requesting cooperation to compile it on 1/28/92 and 7/17/92.
Please refer to the information base of Kermanshah and Ilam Bar Association for information on the text of the collection of "Professional Behavior of Defenders" and "Professional Rights of Defenders", "Professional Duties of the Bar Association" and "Ethical Charter of the Bar Association Employees". Please refer to the following address: