Culmination of Law

Culmination of Law

The conflict of legal immunity of a lawyer with his professional responsibility in the judicial system of Iran,, England,, America and Canada

Document Type : Original Article

Authors
Kamal Raouf 1
Alirezza Shamshiri 2
Bakhtyar Abaslo 2
1 PhD student in Private Law, Faculty of Law, Central Tehran Branch, Central Tehran, Islamic Azad University, Liran, Iran 2- PhD student in Private Law, Faculty of Law, Central Tehran Branch, Central Tehran, Islamic Azad University, Liran, Iran 2-
2 Assistant Professor, Department of Private Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
10.22034/thdad.2024.2006049.2560
Abstract
The immunity of the lawyer in the position of defense is recognized in the legal systems of Iran and the researched countries, with differences and sometimes contradicting each other. In the laws and jurisprudence of the studied countries, the application of this privilege faces minor conflicts, but in the legal system of Iran, the legal immunity of a lawyer, despite numerous laws and regulations and a relatively long history, is still a vague issue and sometimes conflicts with responsibility. He is known as a professional and civil lawyer. Opponents of the lawyer's immunity, based on the principle of equality of all before the law, consider it necessary that in the event of a disciplinary violation, causing harm to others or committing a crime by a lawyer during the practice of law, he should be prosecuted or held accountable. However, the legal system of the studied countries, relying on the long judicial procedure regarding the professional immunity of the lawyer, has been able to achieve a clear definition of it and act correctly and effectively in confronting the immunity with the responsibility of the lawyer, and by specifying the limits and loopholes. It will reduce the conflict and limit the possibility of abusing this legal advantage. In Iran's legal system, despite the relatively long legislative history in the field of legal representation, the lawyer's judicial immunity is still known to be ambiguous and sometimes in conflict with his responsibility. The purpose of this research is to identify this legal privilege and how to apply it in case of conflict with the professional responsibility of the lawyer, which was done by studying the regulations, judicial opinions and the theories of jurists of the researched countries in a comparative method.
Keywords
the professional responsibility of lawyer
judicial immunity
qualified immunity
conflict theory
absolute immunity

Subjects

Sources
Persian)
Amini, Seyed Ebrahim (Spring and Summer 2013), Comparative Study of Payment Methods and Price Determination in Iranian Law; Principles of International Commercial Contracts and the Vienna Convention on the International Sale of Goods 1980, Comparative Law Studies, Volume 4, Issue 1, 23-39.
Amini, Mansour and Abdi, Mona (Winter 2014), Comparative Study of the Theory of Apparent Agency, Justice Legal Journal, Year 78, Issue 87, 63-90.
Bari, Mojtaba (2017), Regulatory Supervision of the Bar Association, Third Edition, Tehran: Ava Book Publishing.
Bararpour, Ebrahim (Autumn and Winter 2017), Study of the Institution of Attorney in the English Legal System, Bi-Quarterly Journal of Private Law Research of Justice, Year 4, Issue 8, Article 3, 53-81.
Habibzadeh, Mohammad Jafar and Asadi, Fereshteh (Winter 2008), Judicial Immunity of Judges and Lawyers in the Iranian Legal System, Law Quarterly Journal of the Faculty of Law and Political Sciences, Volume 38, No. 4, 161-183.
Habibi, Mahmoud (Winter 2017), Professional Perspectives on the Institution of Lawyers, Fourth Edition, Tehran: Tarnam Ghalam Publications.
Shakourifard, Sholeh (2019), Selected Charter of Judicial Ethics of the United States of America, First Edition, Tehran: Judiciary Research Institute, Judiciary Press and Publications Center.
Safaei, Seyed Hossein, Karimi Larimi, Alireza (Spring 2018), Civil Liability of Lawyers Against the Litigation Party and Their Sharia and Moral Rights, Journal of Ethical Research, Year 8, No. 3, 111-128.
Ghamami, Majid and Mohseni, Hassan (2017), Comparative Study of the Principles of Transnational Civil Procedure, 4th edition, Tehran: Joint Stock Publishing Company.
Farahani, Mohammad Sadeq, Mumtaznia, Mohammad Saeed, Asgharian, Mojtaba, Fakhrabadi, Mohsen, Derakhshan, Davar, Kadkhodamoradi, Kamal and Hemmat, Ruhollah (2019), Comparative Study of Patterns of Government Intervention in the Regulation of Bar Associations, Tehran: Pajhwok Adalat.
Keshavarz, Bahman, (2011), Oral Defense and Argument in Court, Reprint, Tehran: Keshavarz Publications.
Goldoust Jooybari, Rajab and Bagherinejad, Zeinab (Winter 2013), Criminal, Civil and Disciplinary Liability of Violators of the Fundamental Principles of Criminal Procedure, Quarterly Journal of Criminal Law Research, Year 2, Issue 5.
English)
Anenson, T. Leigh (December 2007), Absolute Immunity from Civil Liability: Lessons for Litigation Lawyers, Pepperdine University Law Review, Vol. 31, issue 4, article 1, 2004 Hein Online, View publication stats.
Baker, A. Lynn (April 2015) Aggregate Settlements and Attorney Liability: The Evolving Landscape, HOFSTRA LAW REVIEW, Vol. 44:291, Conference Held at the Maurice A. Deane School of Law at Hofstra University US.
Carsley, Stefanie (April 2020), Surrogacy in Canada: Lawyers' Experiences, Practices and Perspectives, fulfillment of the requirements of the degree of Doctor of Civil Law, Faculty of Law, McGill University, Montreal, Canada.
Fellmeth, C. Robert, Gramme, Fogarty Bridget & Hayes, C. Christopher (2019), Cartel Control of Attorney Licensure and the Public Interest, Sciendo licensed under the Creative Commons Attribution noncommercial NoDerivs License, Br. J. Am. Leg. Studies 8(2), DOI: 10.2478/bjals-2019-0006.
Fisch, E. Jill. & Rosen, M. Kenneth (5, 2003), Is There a Role for Lawyers in Preventing Future Enrons? Villanova Law Review, University Charles Widger School of Law Digital Repository Vol. 48, Issue 4.
Garner, A. Bryan. (2001) 4th Reprint-, Black's Law Dictionary, Texas, USA: West Group, ST. Paul, Minn., Dallas.
Hatamyar, W. Patricia & Simmons, M. Kevin (2004), Are Women More Ethical Lawyers? An Empirical Study Florida State University Law Review, Volume 31, Issue 4, Article 2.
Humbach. A. John (2011), Director Liability for Corporate Crimes: Lawyers as Safe Haven? Pace Law Faculty Publications, Volume 55 N.Y. L. Sch. L.Rev. US, 438.
Lerman, G. Lisa & Schrag, G. Philip (2018), Ethical Problems in the Practice of Law Model Rules, State Variations, and Practice Questions, New York, USA: Wolters Kluwer Law & Business.
Matefi, R. & Ionas, D. (2010), THE LAWYER CIVIL LIABILITY, Bulletin of the Transilvania University of Braşov, Vol. 3 (52) - Series VII: Social Sciences Law.
Novak Marko (2016), The Type Theory of Law, Springer International Publishing AG, Switzerland.
Rexford, A. Frank, L. & Carson Clara (1954), The Constitution of Our Country, USA: American Book Company.
Schiltz, J. Eugene (2008), Civil Liability for Aiding and Abetting: Should Lawyers Be "Privileged" to Assist Their Clients' Wrongdoing? Pace Law Review. 29, 75.
Schwartz, E. Victor, Kelly, Kathry & Partlett, F. David (2010), 12th, Prosser, Wade and Schwartz`s Torts Cases and Materials, New York, USA: Thomson Reuters/Foundation Press.
Sparks, Tom, Stucki Saskia, Futhazar Guillaume & Ackerman, Bruce (December 2021), World Lawyers' Pledge on Climate Action, Environmental Policy and Law, Germany Heidelberg 51 (2021) DOI 10.3233/EPL-219015, IOS Press.
 
 
 

Article
The conflict of legal immunity of a lawyer with his professional responsibility in the judicial system of Iran, England, America and Canada
Kamal Raouf1, Alireza Shamshiri2, Bakhtiar Abbasloo

1- PhD student in Private Law, Faculty of Law, Central Tehran Branch, Central Tehran, Islamic Azad University, Liran, Iran
2- Assistant Professor, Department of Private Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3- Assistant Professor, Department of Private Law, Faculty of Law, Central Tehran
Culmination of Law
Volume 11, Issue 3
Winter 2026
Pages 3-37