Basic principles in the legal profession

There are basic principles that constitute important constants in the work of the legal profession and in a way that promotes protection for him in providing the appropriate environment to work freely, impartially and independently in the face of difficulties and everything that disturbs the elite of correct and appropriate work due to the sensitivity of the task placed on the lawyer while he is facing difficult challenges at various levels, he must have principles It is essential to his work to meet these challenges and to provide easy ways to perform the tasks with full ability and responsibility in accordance with the law and ethics of the venerable profession. Of these principles and constants –
1- The attorney’s failure to submit to the will of the client and allowing him to fill in whatever requests he wants outside of the legal context that pertains to the profession of lawyer and his legal competence, which restricts his work in conducting according to legal principles.
2- That the lawyer does not identify with the origin of the litigation and dispute between the parties to the case with his client except within the limits of defending his client’s rights in accordance with the law and the values ​​of justice

3- Commitment to promises and fulfillment of obligations as required by ethical principles, human norms and the noble duties of the profession in accordance with the law.

4- Keeping the secrecy of information related to the affairs and personality of the clients and the subjects of the lawsuit he is charged with.

5- Demonstrate frankness and clarity with the client regarding his rights and entitlements in the subject matter of the lawsuit in the manner likely in accordance with the legal basis and the new developments occurring in all stages of the case to avoid the element of surprise in the unexpected results. The same is the case with the opponents to provide the appropriate atmosphere to show the facts as they are in accordance with the law and the desired justice between all the parties in dispute over the origin of the right and who is right in it? Clarity and clarity are a basic requirement in all that is required by the importance of resolving the case with justice and fairness. a

6- You may find from the clients their difficult conditions and circumstances that require providing assistance to them and taking into account their simple circumstances and capabilities, because they only find a lawyer a supporter of the oppressed, a help to the needy, a support for the weak, a brother for the oppressed, and a stubborn opponent to confront falsehood to support the truth.

7 – Paying attention to the principles of morals and decent humane treatment of the legal profession when performing professional work in any field, place and conditions of work, and in any department, institution, and official or civil body that requires review.

8 – Not to give guarantees on uncertain results to the client regarding the truth of his requests in the lawsuit filed before the judiciary or the official and unofficial authorities, and suffice to hint at specific possibilities for some of the preliminary results expected for each action you intend to take, relying on legal knowledge and experience in similar cases of those actions that are to be taken For example, a request to seize movable and immovable property or a request for a travel ban on the debtor or the status of the judicial receiver and other such procedures and a statement of their intended purpose and their dimensions and legal implications in the future after studying them well and knowing the extent of their benefits on the ground in the field and from the legal perspective.

9 – I know that any result you get from your work is not the whole truth that leads to the determination of a just judgment, but rather an attempt to reach it and the arena remains open to it until it is settled and any final judgment is acquired for the purpose of implementing judgments through the competent authorities. Nevertheless, the attempts to search for the truth remain continuous, because it is one of the secrets of life that continues to contradict each other, which surprises you every day with new evidence that strengthens your right again.

10 – A lawyer who believes in the case of his profession may encounter some rude behavior on the part of some whose interests are harmed by their losing lawsuits according to the law, and he does not care about them or let him down in his path towards the right that he seeks, and he does not fear in his way the blame for whatever is in order to achieve justice according to the law.

11- The legal regulations submitted by the representatives of the litigants in civil lawsuits, especially when they are comprehensive of all the requests concerning the origin of the disputed rights and are encapsulated by evidence supporting them and the evidences confirming the claimant’s eligibility and if they are taken into consideration in a scientific and legal manner and with the nature of the proceedings of the pleadings and what can be necessary to present what can be presented For an increase in clarification and an appropriate response to each new list submitted or inquiry, it may be sufficient to occupy the judiciary with interest and what makes the other party confused and anxious, and this strengthens its position on the basis of the litigation before the court.

12- Reconciliation and harmony between the litigants during the course of the pleadings may be necessary to resolve the dispute between the litigants, so he took the initiative to conduct it because it is the shortest way to settle the case, solve the problems and return matters to their normalcy between the two quarreling parties, and it is one of the goals of human justice first and it is part of the legal profession in particular, so do not waste it.

13- Paying attention to the speedy settlement of the case and not trying to delay it with unnecessary requests to postpone the pleadings for any reason that may not have a purpose other than delay, and this is inconsistent with the principle of the necessity to know the right and deliver it to its legitimate owners as soon as possible. It enables the judiciary to quickly settle cases and to issue the necessary decisions regarding them in accordance with the requirements of justice.

14- A skilled lawyer is one who draws the attention of others to his explicit and audible words and deeds. A diligent lawyer is one who gains the trust of others with his distinguished deeds and achievements. A committed lawyer is one who gains the approval and friendliness of others, his honesty and his commitment to what he promised.

15 – In the first step that everyone who practices the profession of law and jurist in legal affairs related to life affairs in general while he is outside his home to work, he carries out his legal and professional responsibility with all its values, conditions and morals because he represents the law from the broadest of its doors and its humanitarian and moral base until the completion of his specialized legal work It is in accordance with the law and the ethics of the profession committed to it, so it will be the subject of the eyes of everyone who sees him in his workplace and in any place he is and whoever knows him without exception because it will be a measure of their behavior and manners in their working life whenever he is a wonderful model that gives his profession splendor in the hearts of others and delights their confused souls about the future of the law when He practices it with balanced and disciplined manners in his relations with them according to professional manners and high-level behaviors, and with good taste and calm transparency that is clear without deception, falsehood, deception or deception

16- Self-reliance is the most important reason for success for any action or idea that you intend to implement and help you to overcome crises in any problem and dilemma that you encounter in your life. Self-confidence guarantees you that you pledge yourself to your command, not to the order of others and with your responsibility, not with the interference of others, so you have a strong will confident in the success of your steps And the high mettle to bear its consequences with courage and competence, and to make you think with logic and reason.

17- It is not permissible for the attorney to contest a false lawsuit if the attorney knows the invalidity of his client’s claim, as God Almighty said (and the traitors do not have an opponent). Do not be a proxy for someone who eats people’s money unlawfully, through fraud, fraud, falsehood, falsification of facts, extortion of innocent people, abuse of power through bribery, embezzlement and misuse Authority is contrary to the law and moral values ​​and on everyone who betrayed the trust, and others among them are a deviant and corrupt group that must fight in every field, including not relying on it and defending its false interests if you know with certainty that their claim is null and so that you will not be sinned by this entrusting you.

18- A profession represented by its members from the lawyers belonging to the Iraqi Bar Association and one of its most important principles and slogans of humanity, principles, law and ethics. It was laid as a basis for professional union work and was distinguished by it in legal and judicial work that it is – a humanitarian profession – that works to protect the rights and freedoms of the people who are appointed and to prevent and stop its violation or abuse It must, and restore their usurped and usurped rights to the oppressed, injustice and in shame, in accordance with the law. Legal profession – it follows the legal principles and procedures in force in its work before the judicial authorities and official and unofficial departments to demand the rights of the persons entrusted and protect them in accordance with the law. Challenging profession – is committed through the efforts of its distinguished attorney members with courage and solid will in performing their work and tasks in order to achieve the right without fear of blame for the blame of any type and type. . It is not an easy profession and it is not difficult in which everything is possible, because it works at the heart of problems in which all possibilities and all expectations are worthy of the lawyer.

19- The appointment of the lawyer in the cases and the defense of the client’s requests according to the litigation’s requirements and its disputed issues requires that the attorney be in the position of the principal in defending his rights as required by the requirements of the arguments process, the evidence and evidence, and the defense of their validity. Matters may reach severity in situations towards his fellow lawyer, the party’s client. The other is within the legal principles and requirements of payment against the allegations of the other, but this does not go beyond the principles of professional relations between fellow lawyers wherever they are partners in performing the tasks of the basic profession in order to achieve the right of his people to justice and fairness and help the judiciary to issue just decisions in accordance with the law and human values

20- According to the provisions of the Lawyer Law, every lawyer has obligations and duties related to the rules of professional conduct, the most important of which are – to abide by his oath to perform the duties of his profession with honor and responsibility, and to take into account the preservation of the traditions and morals of the high profession and what befits his dignity, which is the high legal profession, and to commit himself to follow the legitimate means and methods on behalf of his client With all honesty, objectivity, and human and legal responsibility before the judiciary, as stated in Articles forty-one, in its four paragraphs, and in Article fifty-four of the Advocacy Law.
Written by Counselor Farouk Al-Ajaj