Obligations of the lawyer to the client
Obligations of the lawyer to the client : At first, we must state that in the science of law, power of attorney is approved and placed as one of the types of permissible contracts. Permissible contract, as a type of contract, can be incorporated into different types and differences. Here, from the concern of legal science, we can refer to the conflicts and conflicts that may exist in various contracts and contracts. In other words, a legal relationship is formed in the attorney contract, which is based on the agreement between the lawyer and the client. This contract creates various obligations that we want to examine in this article. In particular, we will examine the lawyer’s obligations in relation to the client and their types.
Of course, it should be noted that these obligations are mutual. In other words, in addition to the lawyer’s obligations to the client, there are also the client’s obligations. The legal obligations of the client are mentioned in articles 674 to 677 of the text of the civil law. These obligations are mentioned in the law as follows:
“The client is required to fulfill all the obligations and responsibilities assigned to him by his lawyer and referred to in the power of attorney contract. However, there is no obligation to fulfill obligations outside of the client’s discretion and custom, and it is not his responsibility. Also, the powers and responsibilities of the lawyer are defined by the text of the law as well as the agreement between the parties for the legal representation contract.
Obligations of a lawyer in front of the client
The lawyer’s obligations towards the client represent the obligations and duties that the lawyer undertakes as the representative of the client who is the client of the legal representation contract. The word “commitment” is attributed to the meaning of completing a task and accepting the commitment to do something else. In the power of attorney contract, the lawyer undertakes to complete and complete the work entrusted to him by the client.
The obligations and duties of the lawyer towards the client are carefully defined in the relevant laws and regulations. The lawyer is obliged to fulfill all the obligations and duties assigned to him by the client. Also, if the lawyer deviates from his legal obligations and duties, the client will have the right to take legal action to obtain replacement. Since there are different types of representation, the lawyer’s obligations to the client are defined in a special way in each type of representation.
Absolute power of attorney: In this type of power of attorney, all the affairs and issues of the client are entrusted to the lawyer, and the lawyer does not need the client’s permission for any action.
Limited power of attorney: This type of power of attorney means that the lawyer has the duty to act only in a specific matter, such as buying a house or selling a car.
Legal representation: A lawyer is introduced as a client’s representative in court matters, such as appointing a lawyer.
Civil or non-judicial power of attorney: In this type of power of attorney, a person allows another person to act on his behalf in non-judicial matters, such as administrative issues or work matters. This person cannot be a lawyer in court and must have a lawyer’s license.
Obligations of a lawyer in front of his client in law
In the civil law, the lawyer’s obligations towards the client are carefully defined. These obligations are important for the obligation lawyer in order to protect the rights and interests of the client and to ensure justice in the advocacy process. In summary, the relevant articles in the Civil Code are as follows:
Article 666: If the lawyer causes damage to the client due to his own fault, which is customarily and legally communicated to the lawyer, the lawyer is responsible for the damage.
Article 667: A lawyer is obliged to consider the interest of the client in his actions and actions and avoid violating the powers that the client has given him or he can do based on the custom and behavior in the lawyers’ guild.
Article 668: The lawyer must provide the client with an account of the term of his representation and return to the client the amount of money he has received on behalf of the client.
Article 669: In cases where two or more lawyers have been chosen to do a certain matter, none of them can take an individual action without the consent of the others, unless each of them has independent representation.
Article 670: Advocacy in any matter includes not only the obligation of the lawyer to the client in that matter, but the lawyer is also obliged to prepare and provide the materials and preparations needed for that matter, unless the lawyer is expressly excused from the representation in the materials and preparations. .
Article 672: A lawyer cannot give power of attorney to another unless the client has given him explicit permission or the client has given permission based on the evidence and the lawyer’s performance in the power of attorney.
Article 673: If a lawyer who does not have a power of attorney entrusts a matter to a third party, both the lawyer and the third party will be responsible to the client for the damages they cause.
Types of obligations of a lawyer
The types of obligations of the lawyer towards the client are divided into two categories: general obligations and special obligations. These obligations to the lawyer specify his duties and responsibilities in the form of representation to the client. In the following, we will explain these two categories of obligations in more detail:
The lawyer’s obligations towards the client play a fundamental role in protecting the client’s rights and interests, and since these obligations refer to the lawyer’s adherence to professional and ethical principles during the practice of law, they are very important. In the following, we refer to the explanation of each of these obligations:
Obligation to carry out the matter of representation: the lawyer is obliged to perform tasks and duties related to the client and the matter of representation. This commitment shows the lawyer’s decision to do the best for the client and protect his rights.
Obligation to keep the client’s personal secrets: The lawyer is obliged to keep the confidentiality of the client’s personal information and should not disclose this information to others. This commitment deals with the protection of privacy and client’s rights.
Obligations of the lawyer towards the client to respect the interest of the client: The lawyer is obliged to consider the interest of the client in all his decisions and actions. This commitment guarantees the protection of the interests and rights of the client through rational and productive decisions for the client.
The lawyer’s obligation to return the client’s property, documents and account: The lawyer must carefully keep all the client’s property, documents and accounts and return and deliver them to the client if necessary. This commitment refers to ensuring the preservation of the client’s finances and property and promoting the client’s trust in the lawyer.
In general, the lawyer’s obligations towards the client are very important and the lawyer must fulfill these obligations with full accuracy and honesty so that the client’s rights are protected and the courts achieve justice.
The lawyer’s obligations to the client to keep the secrets of the client’s life
The lawyer’s obligations towards the client are related to keeping the secrets of the client’s life and it informs the importance and close connection of this obligation with the profession of lawyer. Article 30 of the Advocacy Law pays attention to this great obligation and states that a lawyer is obliged to keep all the secrets that are disclosed by his client. These secrets may be related to the subject of representation or include information about the client’s reputation, honor and reputation.
Advocacy law increases the importance of this issue and specifies that the lawyer must keep these secrets carefully and honestly. In fact, keeping the client’s secrets is one of the ethical and exclusive foundations of the legal profession, and its violation can have serious consequences.
The law states serious measures to deal with the violation of this obligation, and a lawyer who discloses his client’s secrets may experience criminal, civil and disciplinary penalties. In other words, this obligation is taken seriously not only from an ethical point of view but also from a legal point of view, and the lawyer is obliged to adhere to it in order to maintain the client’s trust in his privacy and sensitive information.
Obligations of the lawyer towards the client to respect the client’s interests
The lawyer’s obligations towards the client are usually related to the client’s interests and are very important. A lawyer is obliged to consider the interest of his client as the first priority in all stages of representation and never take any wrong action or against the interest of the client.
Article 41 of the Advocacy Law refers to this great obligation. If the lawyer ends up betraying the client and this betrayal is confirmed, it will have serious consequences for the lawyer. The lawyer may be permanently disqualified from the profession of lawyer and also the client may demand damages from the lawyer.
This obligation is very important not only from a legal point of view but also from a moral point of view. A lawyer must trust his client’s interest carefully and sincerely so that the client’s trust is maintained and the representation is performed honestly and correctly.
:Completing the lawyer’s obligations to the client may be done through various things. In the following, we refer to each of these items in detail
Expiration of the power of attorney: This issue is usually raised in cases where a certain period of time has been set for the power of attorney. If the term of representation ends and the client does not decide to extend it or the lawyer does not pay for its extension, the representation ends.
Dismissal of the attorney: If the client or the lawyer decides to terminate the cooperation, one of the parties can announce the dismissal of the attorney. This action leads to the end of the lawyer’s obligations to the client.
Resignation of a lawyer: a lawyer can announce his resignation if he wishes to end his representation, and this action leads to the expiration of the lawyer’s obligations.
Death of attorney or client: If one of the parties (attorney or client) dies, the attorneyship ends. This is usually done automatically.
Insanity of the lawyer or the client: If the lawyer or the client becomes insane and is unable to continue cooperation, the representation ends.
Hajar of the lawyer or client: If one of the parties refuses to continue the legal representation due to reasons such as Hajar (social hindrance), the legal representation ends.
Losing a Case: If a client who receives legal services from a lawyer loses their case (for example, if the client pleads guilty to a crime in a criminal case), the lawyer can withdraw from the practice.
Action by the client that contradicts the attorney’s representation: If the client does an action that contradicts the attorney’s representation (for example, if the client arbitrarily does not comply with an agreement made by the attorney), the attorney may withdraw from the representation.
These cases show the importance of fulfilling the lawyer’s obligations to the client, as well as the methods of completing the obligations during the legal profession. The commitment to perform the duties of attorney carefully and sincerely is very important and any violation may lead to legal and disciplinary consequences.
Completion of the lawyer’s obligations to the client with the dismissal of the lawyer by the client
Completing the lawyer’s obligations to the client by dismissing the lawyer by the client is an important and vital thing that must be done carefully and clearly. As one of the legal principles, the client has the right to dismiss his lawyer and this issue has been clearly confirmed in various laws.
According to Article 679 of the Civil Code, the client can dismiss his lawyer at any time he chooses. This right of dismissal belongs to the client and the lawyer is obliged to accept this dismissal. However, in some cases, the attorney’s agreement may specify specific conditions for the removal of the attorney. In this case, the dismissal of the attorney must be done according to the mentioned conditions.
The client can notify his lawyer of the dismissal of the attorney through a declaration, sending a letter by post or SMS, e-mail and fax, or even verbally. The most important point is that the news of the dismissal of the lawyer reaches the lawyer, and if the lawyer does not respond to the dismissal, the dismissal is automatically applied and the lawyer is no longer responsible for the client.
Dismissal of the lawyer by the client is an important tool to protect the rights of the client towards the lawyer. This action must be done carefully and in compliance with the legal regulations and contractual conditions so that the client can benefit from legal services.
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