Author/Authors :
Hajipoor، Asker نويسنده Teacher and Phd Scholar in the private Law, Islamic Azad University, Arabian united states branch , , Hariri، Mehdi نويسنده Department of Law, Eslam Abad Gharb Branch, Islamic Azad University, Eslam Abad Gharb, Iran Hariri, Mehdi
Abstract :
Judges and lawyers, with any degree of concern for justice, and the intellectual and moral order, are
fallible and may, intentionally or inadvertently, mistakenly Issuing a decree which led to the damage.
Issuing a vote in the wrong, different factors are involved, and the responsibility of each individual can
be realized by established rules: parties, administrative staff and a half-court (receptionist, office
manager, etc.), the judge, the judge of the authenticity of the service the state apparatus, and in any case
should be compensated for losses suffered as a result vote (Article 171), and a lawyer. In this paper,
referring to the first type of warranty a few more attempts to address the responsibilities of an attorney
permitted it. With the requirements of the lawyers involved in the litigation, the role of lawyers in
Issuing a vote is highlighted, and consequently the issue of liability in this group, raises. Investigate
the lawyerʹs responsibility to show that: (1) about the responsibility of the lawyer Tommy, the
jurisdiction is derived from the client, (2) the lawyer responsible for recognition, it is conceivable
number of factors: a) lack of skills and capabilities, scientific and technical the issue of representation,
b) lack of integrity and honesty attorney, c) delay in performing an obligation which is time bound, d)
failure to maintain client confidentiality. (3) The obligation of a lawyer is an obligation of means, his
liability is based on the notion of fault, and is tenable. 4 malpractice lawyer may be charged in addition
to the rights of third parties; impair these assumptions is the owner of debate.
According to the above, the purpose of this project was to prove the theory and assess the following
issues:
• Check responsible for knowing about knowing or innocent lawyer mistake in Issuing votes, and
the protection of the limits to prevent the violation of rights lawyer;
• the need for formulation of codes of professional ethics of lawyers, the defendant and the judge;
• Legal liability insurance coverage required, the client.