Lawyer in Tehran
In the realm of Iranian law, a lawyer practicing in Tehran is defined as an individual who holds a valid attorney’s license. Presently, the National Union of Bar Associations and the Center for Lawyers and Legal Advisors of the Judiciary are the two primary organizations responsible for issuing these licenses.
Pursuant to the Law on Facilitating the Issuance of Business Licenses, these institutions are mandated to conduct the bar examination annually and register aspiring lawyers as bar trainees.
Upon successful completion of their internship and participation in the swearing-in ceremony, bar trainees assume the role of basic lawyers affiliated with a court. Lawyers possessing a valid attorney’s license are duly authorized to represent both natural and legal persons in the courts of law, actively pursuing legal and criminal cases.
It’s noteworthy that, as stipulated in the law governing the qualifications for obtaining a lawyer’s license, lawyers are constrained from conducting their legal activities in a city other than the one where they obtained their attorney’s license. Therefore, a lawyer practicing in Tehran must hold a valid attorney’s license issued by either the Central Lawyers’ Association or the Tehran Province Judiciary Lawyers’ Center.
This article delves into the legal prerequisites for legal representation within the justice system, elucidating the process of establishing legal representation with lawyers, and delineating the scope of attorneys’ powers in Tehran.
Requisites for Legal Representation
Legal representation in the courts of justice hinges upon two distinct sets of conditions. The first encompasses the prerequisites for obtaining a lawyer’s license, while the second encompasses the conditions governing lawyers who already possess a valid license and seek to represent clients in court.
To sit for the lawyer’s examination and acquire a lawyer’s license, applicants must meet specific age criteria, falling between a minimum age of 24 years and a maximum age of 45 years. Additionally, male applicants pursuing the bar exam must hold either a public service termination card or a service exemption card.
Certainly, let’s delve into the detailed explanations for each of the general conditions required to participate in the bar exam:
Commitment to the Principles of Islam and Religious Authority:
To participate in the bar exam, individuals must demonstrate a steadfast commitment to the principles of Islam and religious authority. This is a fundamental requirement that underscores the importance of aligning with the religious values and legal traditions of the country.
Clean Criminal Record:
Applicants should not have a bad criminal record. This condition emphasizes the importance of maintaining a clean legal history, devoid of any serious criminal offenses. A blemished criminal record may raise questions about an individual’s ethical and moral standing, potentially affecting their suitability for legal practice.
Bachelor’s Degree in Law or Equivalent:
To be eligible for the bar exam, candidates are typically required to hold a bachelor’s degree in law or an equivalent qualification. This condition underscores the significance of a solid educational foundation in the field of law. An equivalent degree, such as a level 4 degree, may be considered if it aligns with the standards set by legal authorities.
No Addiction to Drugs and Psychedelics:
Applicants should not be addicted to drugs and psychedelics. This requirement is in line with promoting ethical conduct and ensuring that individuals entering the legal profession are not hindered by substance abuse issues. It helps maintain the integrity and professionalism of lawyers.
These conditions collectively serve to establish a strong foundation of ethical, legal, and educational prerequisites for individuals seeking to become lawyers and represent clients in the courts of justice. Adhering to these conditions is essential to maintain the credibility and competence of legal practitioners.
Upon obtaining their initial attorney’s license, lawyers gain the eligibility to engage in a range of legal proceedings across diverse courts of justice. These may encompass involvement with the prosecutor’s office, regular court proceedings, as well as participation in dispute resolution councils, among others. However, it is imperative to note that the presence of lawyers in the courts is not an unqualified prerogative. For certain particular offenses, especially during the preliminary investigation phase, the accused may have the capacity to select legal representation solely from among lawyers designated by the head of the judiciary. This distinction underscores the nuanced dynamics of legal practice in various contexts, ensuring that the legal process adheres to specific procedural guidelines and safeguards.
Exploring Key Responsibilities and Authorities of Lawyers in Tehran
Lawyers holding valid attorney’s licenses wield the authority to represent their clients across an extensive spectrum of legal affairs. Furthermore, owing to their legal expertise and skills, adept lawyers in Tehran can furnish clients with consulting services, spanning both face-to-face and remote consultations.
The scope of powers and duties assumed by an attorney on behalf of their client is delineated in the power of attorney document. Typically, power of attorney documents prepared in accordance with Iranian law encompass the following provisions.
Legal Advocacy in Lawsuits: Duties and Procedures
Among the primary responsibilities entrusted to a lawyer in Tehran, as specified in the power of attorney, is the representation in legal proceedings. According to the civil procedure law, parties involved in legal claims have the prerogative to appoint a lawyer to represent them in these proceedings.
The nature of legal representation in lawsuits varies contingent on whether the lawyer is advocating for the plaintiff or the defendant. When representing the petitioner, the lawyer is tasked with crafting a formal legal petition on behalf of the petitioner and submitting it to the appropriate legal authority. In this role, the lawyer must substantiate before the court that the defendant has infringed upon their client’s rights.
Conversely, if the lawyer is defending the defendant, they are obliged to appear in court and provide a robust defense against the accusations. Additionally, the lawyer representing the defendant is responsible for formulating defense submissions on behalf of their client and submitting them to the court.
Another common responsibility that lawyers may assume, as stipulated in the power of attorney, is lodging objections to court rulings. When granted the right to object to judicial decisions in the power of attorney, the lawyer is bound by a legal obligation to raise objections to verdicts issued by the courts of law within the prescribed legal timeframe.
To execute this task, the lawyer must formally file an appeal with the Provincial Court of Appeal, the branches of the Supreme Court, or the court that issued the contested decision. This multifaceted role underscores the pivotal role lawyers play in safeguarding their clients’ interests within the judicial system.
Division of Inheritance
According to Iran’s civil law, upon an individual’s demise, all of their assets become the property of their heirs at the time of their death. However, the establishment of the heirs’ ownership over the deceased’s estate hinges on the proper division of the inheritance.
One of the crucial roles that a lawyer in Tehran may undertake is representing the heirs in the process of estate division. By executing a power of attorney specifically for the division of an estate, the lawyer can act on behalf of the heirs before the Dispute Resolution Council and request the issuance of an inheritance monopoly certificate. Subsequently, this matter is publicized in a local newspaper, where the names of the deceased’s heirs are published.
When entering into a power of attorney agreement with a lawyer in Tehran for the division of inheritance, the lawyer assumes the responsibility of listing the deceased’s assets and distributing the inheritance among the heirs in accordance with the pertinent laws and regulations governing inheritance.
Prior to this distribution, the lawyer is obliged to settle all the debts and financial obligations that the deceased had incurred before their passing, utilizing the remaining assets. This includes addressing matters such as the dowry owed to the deceased’s spouse, the entitlements of the deceased’s servants, and any concrete rights associated with the deceased’s property.
Successful execution of the estate division by the lawyer results in the formal transfer of ownership over the deceased’s estate to their heirs, thereby ensuring the lawful and equitable distribution of inheritance.
Legal Representation in Consensual Divorce: Procedures and Lawyer’s Role
Among the pivotal legal responsibilities assumed by a lawyer in Tehran is the representation in consensual divorce cases. Consensual divorce constitutes one of the methods for dissolving a marriage, contingent on the mutual consent and agreement of the spouses.
When a power of attorney is executed with a lawyer pertaining to a consensual divorce, the lawyer is empowered to appear on behalf of either one of the spouses or both before the family court and request the issuance of a non-compromise certificate.
To obtain a non-compromise certificate in the case of consensual divorce, a formal legal petition must be submitted. This petition is a specialized document that includes essential details about the parties involved and the nature of the dispute. Pursuant to family protection law, the family court initially endeavors to facilitate reconciliation and compromise between the spouses.
If the court’s interventions do not dissuade the parties from proceeding with the divorce, the family court then issues a non-compromise certificate. The family court typically comprises one male judge serving as the presiding judge and one female advisory judge. The female judge offers advisory opinions, while the ultimate decision-maker is the male judge.
However, the male judge is obliged to consider the female judge’s perspective and, if he disagrees with it, he must formally reject it with documented and reasoned justifications.
In accordance with the family protection law, once the family court issues a non-reconciliation certificate, the couple is mandated to visit the marriage and divorce registry offices within three months and initiate the process of obtaining a divorce decree. If the couple declines to appear at the marriage and divorce registry, the lawyer can legally represent them in this capacity and secure the divorce decree through proxy. This underscores the crucial role lawyers play in facilitating consensual divorces and ensuring legal compliance in the process.
Legal Advocacy in Criminal Cases: A Lawyer’s Role in Tehran
A lawyer in Tehran possesses the legal authority not only to engage in civil proceedings but also to participate in criminal lawsuits and matters related to crimes and punishments.
In accordance with the criminal procedure law, individuals charged with a crime retain the right to legal representation from the very inception of the criminal process. They are entitled to visit with a lawyer and seek legal counsel.
Once a person is placed under the supervision of judicial officers or authorities in accordance with the law, they must be promptly informed of their defense rights, including the right to have legal representation. During this supervised phase, the accused can request a meeting with a lawyer without the need to formalize a power of attorney.
In such instances, judicial officers are obliged to facilitate the necessary conditions for the accused to meet with a lawyer, allotting a maximum period of one hour for this purpose. Additionally, as per various provisions within the Criminal Procedure Law, the parties involved in a criminal case have the prerogative to retain their own lawyer or lawyers to represent them throughout the court proceedings.
:Legal advocacy in criminal cases by a lawyer in Tehran necessitates active participation and presence in criminal courts of justice. Several key criminal judicial authorities include
Public Prosecutor’s Office and Revolutionary Courts: Preliminary investigations for a majority of crimes commence in the public prosecutor’s office. Essentially, criminal prosecution against the accused is initiated in the prosecutor’s office.
General Criminal Courts: Criminal Court 2 and Criminal Court 1 are two courts with general jurisdiction, addressing all crimes falling under their respective jurisdictions.
Military Courts: Pursuant to the Armed Forces Crimes Procedure Law, the adjudication of crimes involving the Armed Forces falls within the purview of military courts.
The presence of lawyers in these legal proceedings is instrumental in upholding due process, ensuring the protection of individuals’ rights, and contributing to the equitable dispensation of justice within the realm of criminal law.
Legal Consultation Services Offered by Lawyers in Tehran
One valuable service rendered by lawyers in Tehran is the provision of legal advice. In legal consultations, clients can convey their legal issues and challenges to the lawyer or legal consultant without necessarily entrusting them with legal representation.
Conversely, lawyers or legal consultants, without assuming the role of legal representation, furnish clients with pertinent legal solutions and guidance to address their specific legal concerns. This advice equips clients with the knowledge and insights needed to tackle their legal issues effectively.
For individuals seeking expert legal advice in Tehran, it is recommended to refer to the contact section of my lawyer’s law firm to access professional consultation services. This enables clients to benefit from the legal expertise and guidance offered by experienced lawyers without the necessity of full legal representation.