In The Name Of God
Structural defects of Bar associations in the field of inspection
By: Kioumars Sepehri
Introduction:
The pathology of bar associations can be examined from different perspectives and directions. One of the things that can be very important and debatable from the external point of view towards the centers is the issue of ensuring the correctness of the actions of the members affiliated with the centers. At first glance, managerial and macro perspectives make sense, when it comes to giving someone the right to provide a service, you need to make sure that the licensee is doing the right thing. Provide the desired or at least the minimum and conventional. Now, if some members do not meet these expectations, and their cases gradually increase, it will certainly result in dissatisfaction of clients and users of services, and this dissatisfaction will be reflected in government and government authorities and will cause pessimism and possibly They will think of a way out. On the other hand, there are expectations from the employees and agents of some jobs and professions (both in terms of the legislature and in terms of the people and in terms of the nature of that profession) that this is not the case with other jobs. For example, in the case of judges and lawyers, everyone is expected to be trustworthy, honest, correct in their work, knowledgeable in their work, and to adhere to social norms and norms, and in no way will the existence of descriptions be tolerable or tolerable for them. The absence of these attributes in the business owner will challenge the nature of the profession in relation to this person.
The legislature has set rules for advocacy. These regulations, on the one hand, set out the duties and powers of the Bar Association (including the Board of Directors, the President of the Bar Association, the Prosecutor's Office and the Court) and the judiciary. And compromise of the parties, prohibition of taking money claiming to have influence with judicial authorities and others, lack of misconduct and morality, regular presence in the law office, non-prolongation of proceedings by fraudulent methods, non-receipt of money for illegal titles, non-employment of work contrary to dignity Advocacy, not studying advocacy with deceptive means, not disclosing client secrets, having Office for accepting clients, keeping records and ...
* Inspector of the National Union of Iranian Bar Associations (Escuda)
These regulations are not accountable in three ways because: first: not comprehensive. Second: not in accordance with the current economic, social and cultural conditions. Third, there is no need for a mechanism to be operational and operational. Therefore, it is necessary to think of a solution in this regard. The main solution is to predict the mechanism in the pillars and organization of the Bar Association. For this purpose, inspection should be one of the main pillars of any center and its duties should be defined and specified in the law so that the desired quality and health of work can be guaranteed.
For this purpose, the inspection regulations must be considered. The draft law, drafted by the judiciary or the National Union of Bar Associations or members of parliament, provides for the inspection pillar, but in none of these plans is the full and comprehensive duties and powers worthy of this pillar. It is not considered and is limited to administrative and financial supervision of the board of directors and the expenses of the Bar Association, which can be done in other ways without this pillar. These tasks are more supervisory than operational and role-playing. For example, Article 20 of the draft prepared by the judiciary (January 2013) describes the duties of inspectors as follows:
1. Submit a report to the General Assembly on the performance of the Board of Directors and the Chairman of the Bar Association without interfering in the executive affairs of the Organization.
2. Review and comment on financial statements and submit them to the General Assembly.
3. Review and comment on matters referred by the General Assembly within the limits of the regulations.
4. Comment on the accuracy of the reports of the Board of Directors to the General Assembly.
However, when the inspection is considered as a pillar in the structure and organization of the association and the inspectors are elected by the members, the duties and powers for this pillar should be defined, which makes the Bar Association dynamic and prevents harm in terms of issues related to This will be the pillar. It should never be forgotten that when the right is emphasized on the independence of the association and the independence of the lawyer, and this emphasis is based on the nature of the work and the prerequisites and the necessary prelude to the exercise of citizens' rights, the organization must be safe and secure. Guarantee the lawyer for the citizens and on the other hand prevent possible damages of some members to the Bar Association and other members. Because certainly in every job and profession, there are people who will consciously or unconsciously take actions that cause harm. Therefore, arrangements should be made and a mechanism should be designed to prevent such destructive damages, which will ultimately lead to the deterioration of the independence of the Bar Association and the defense attorneys.
Accordingly, in the first place, a comprehensive job description should be defined for inspectors, so that by performing the duties of inspectors, any shortcomings, negligence and violations in the performance of duties by the organs of the association and its members (lawyers) can be reported. He tried to prevent it from happening again.
The following items can be assigned to inspectors:
* Handling financial statements and verifying their accuracy and submitting reports to the General Assembly.
* Examining the performance of the board of directors and other organs of the association in terms of performing legal duties or leaving them, as well as the duties assigned to them in the general assembly.
* Commenting on violations and possible misuse of position and position by board members as well as discrimination by them.
* Reviewing and supervising the resolutions of the Board of Directors and announcing their compliance or non-compliance with the legal standards to the General Assembly.
* Reporting any misconduct in the organs of the center.
* Examining the offices of lawyers in terms of compliance with legal obligations and providing services and other legal matters.
* Review and follow up on any behavior that harms the reputation and credibility of lawyers and the association.
* Tracking and reporting on how to perform defense duties in courts and other relevant authorities.
* Review and report the scientific and practical weakness of defense lawyers.
* Reporting and following up on the actions of the staff and judges of the judicial authorities that deprive the lawyer of the right to defense.
* Proposing to the Board of Directors to carry out matters that promote the legal profession and the Bar Association.
Another step in this direction is to develop regulations related to the conditions of inspectors and the rules related to their selection. To ensure better performance of inspectors, for example, the conditions of inspectors can be that they have worked in the disciplinary court for several years or have worked in different parts of the center for several years. Selected inspectors should also be barred from running for board of directors for a period after the end of the inspection period (in order to perform more accurately and impartially).
Another important point in order to increase the efficiency of inspection is to anticipate the possibilities and implement the inspectors' decisions, such as the possibility of using the services of natural and legal persons in order to perform inspection duties, the possibility of inspectors' orders by members (in performing inspectors' duties). Advocacy in the performance of inspection duties, the need to confirm the inspection for the promotion of the lawyer's job (after grading and specialization of advocacy), the need to confirm the performance of trainees by inspectors to issue a lawyer's license, etc.
Given the above, the shortcomings of the inspection system in the Bar Associations are quite obvious, and one of the things that Bar Associations always face as a challenge is the lack of a comprehensive inspection system to respond to the objections and criticisms of others regarding the lack of a system. To monitor the poor performance of some members and some actions and decisions of various organs of the centers (which may be doubtful). Therefore, it is necessary for the centers to take the necessary measures to improve the system and intra-organizational controls and to actually defend the lawyers and the center before the legislature enacts regulations in this regard.
At the end, three essential points should be added to the above:
First, the discussion of the correct teaching of scientific, technical and practical issues, which, of course, the centers have to compensate for the weakness of universities and higher education centers. There is no doubt that one has doubts about the effect of proper education on the promotion of work and its effect on the way of functioning. In principle, one can ask someone who has already received the necessary training.
Second, there is the issue of professional conduct, with the premise that, first, internships must be taught at least as well as in the introductory manner. Second, there must be a well-codified professional code of conduct for every young and novice lawyer to know what the horizons and ideals of advocacy are, and the ethical charter of lawyers (which has been prepared and taught as one of the sub-categories of professional conduct). How can it be implemented?
The third point is the issue of effective support for defense attorneys. In addition to the lawyers' performance inspection system, clear and transparent arrangements should be considered in appropriate situations in the face of injustices and problems in the defense or in connection with the performance of professional duties, various persons (clients, clients and employees and Judges (judicial judges) provide adequate support for a lawyer. This is something that is very important, but it is less important.