Document Type : Article

Author

Assistant Professor, Department of Law, Payame Noor University, Tehran, Iran‎

Abstract

Attorny plays an important role in the administration of justice, in recent legal developments, the current standard is not enough, and some weak participants enter the profession of attorney. an unlimited increase in the number of trainees at once, without adjusting the existing capacity, will result in nothing but a shortage of trainees. in cases where this group of lawyers, to compensate for their scientific and practical weakness, seek unrealistic advertisements in order to attract cases; consequently, the direct effect of this procedure will affect the parties of the case, including the client, lawyer and judicial authority, and at the macro level, the bad effect of this procedure will affect the judiciary and the judicial system, as well as the public image of the profession of lawyer. the proposal of the current research is to improve the acceptance criteria and entrance exam, to adapt the monitoring institution (inspection and law enforcement authorities), and to make legislative amendments in the legal regulations for the classification of lawyers and their specialization. justice has a requirement in terms of grading and a system of basic plurality. also, due to the specialization of the trends in the field of law and the creation of different aspects of this science which was based on the needs of the society, it is necessary to coordinate the legal profession with this reality and in terms of its specialized structure. neglecting this matter causes its stagnation and lack of progress and development.

Keywords

Main Subjects

  1. English

    1. A) Articles
    2. Glesner Fines, Barbara; Madsen, Catherine A., (2007). Caring Too Little, Caring Too Much: Competence and the Family Law Attorney. University of Missouri-Kansas City Law Review (Umk LAW REVIEW), 75, 965-998. Available at SSRN: https://ssrn.com/abstract=1018647
    3. Hartmus, Diane M. (1999). Inspection and Oversight in the Federal Courts: Creating an Office of Inspector General‌, California Western Law Review, 35(2), 243-269.
    4. Zacharias, Fred s. (2003). The Purpose of Lawyer Discipline, william & mary Law Rewiew, 45(2), 677-745. https://scholarship.law.wm.edu/cgi/viewcontent.cgi? article=1312&context=wmlr

     

    References In Persian

    1. Persian
    2. A) Books
    3. Iranshahi, A. (2017). Civil procedure (1). Tehran: Payame Noor University (In Persian).
    4. Shams, A. (2002). Civil procedure. Vol.1, third edition, Tehran: Mizan (In Persian).
    5. Shams, A. (2003). Civil procedure. Vol. 2, fourth edition, Tehran: Mizan (In Persian).
    6. Shiravi, A. H. (2010). Comparative Law. Tehran: Samt (In Persian).
    7. Sadrzadeh Afshar, S. M. (2006). Civil and Commercial Procedures (General and Revolutionary Courts). Tehran: Academic Jihad-Allameh Tabatabai Unit (In Persian).
    8. Ghamami, M., & Mohseni, H. (2007). Principles of Transnational Civil Procedure. Tehran: Mizan (In Persian).
    9. Fayaz, M. S. (2014). jurisprudential review of women's representation in lawsuits and assemblies, Qom: Al-Mustafa International Translation and Publishing Center (In Persian).
    10. Katouzian, N. (2009). Civil Laws Introductory Course: Lessons from certain contracts, Vol. 2, Tehran: Ganj Danesh Library (In Persian).
    11. Karimi, A. (2007). Civil Procedure.Tehran: Majd (In Persian).
    12. Vahedi, Qadrat-Allah (2000). precise of the Civil Procedure. Tehran: Mizan (In Persian).

     

    1. B) Articles
    2. Barzegar, E. (2008). History, nature and philosophy of interdisciplinary sciences. Interdisciplinary Studies in Human Sciences, 1(1), 56-37 (In Persian).
    3. Basmel, M., & Taheri Khoramabadi, S. A. (2023). What is Expertise. Philosophical Thought, 3(3), 199-213 (In Persian).
    4. Zul-Ain, N. (2009). legal representation in France, a profession under the support and supervision of the Bar Association, Bar Association Magazine, No. 173, 108-95 (In Persian).
    5. Tangestani, M. G., & Moradi Berlian, M. (2021). The Scope of the State's Role in Regulating and Supervising the Legal Profession. Public Law Studies Quarterly, 51(2), 595-618. doi: 10.22059/jplsq.2019.281650.2014 (In Persian).
    6. Hatami, M., & Roshan-Chasham, H. (2013). The nature of interdisciplinary approach in the field of humanities with an emphasis on Habermas' thoughts. Interdisciplinary Studies in Humanities, 5(1), 115- 99 (In Persian).
    7. Haji-Azizi, B., Etemad, S. M. (2019). criminal liability of the attorney. Legal Research, 18(38), 7-26 (In Persian).
    8. Khazaei, S. A., Asadian, A., & Salarian, J. (2017). Lawyer's Commitment to Honesty in Fair Proceedings in the Light of Lawyering Psychology, Ethical Research, -Special, 8(1), 49-65 (In Persian).
    9. Shaban, M., & Ramezani-Badr, F. (2017). analysis of end-of-semester exam questions on the quality of question design. Tehran University of Medical Sciences Faculty of Nursing and Midwifery Journal (Hayat), 13(1), 5-15 (In Persian).
    10. Shakurnia, A. H., Khosravi Borojeni, A., Mozafari, A., & Elhampour, H. (2009). examination of the exam questions of the academic staff members of Jundishapur University of Medical Sciences, Ahvaz with emphasis on the structure of multiple choice questions in 2010. Development Steps in Medical Education, 6(2), 138-129 (In Persian).
    11. Ghadimi, A., & Karimizadeh Ardakani, S. (2022). measuring public trust in science. Science Promotion Quarterly, 13(23), 10-37 (In Persian).
    12. Kazemi, A., & Ehsanpour, S. (2010). Analysis of exam questions of the theoretical specialized courses of midwifery students of Isfahan University of Medical Sciences. Iranian Journal of Education in Medical Sciences (special issue of education development), 1(5), 643-650 (In Persian).
    13. Kia, H. (2023). Legal represention: mission or business?? (Criticism on the unanimous decision number 607 of the Supreme Court) Analysis of Judicial Decisions Journal 2(4), 206-184. doi.org/10.22034/analysis.2023.2006131.1022 (In Persian).
    14. Mohseni, H. (2014). Developments in the legal profession and lawyers' association; From Subordination to Independence, From Independence to Subordination, Private Law Studies, 44(4), 595-612 (In Persian).
    15. Mohseni, H., & Ghamami, M. (2015). The relationship between the independence of judgment and the independence of representation, private law studies, 25(2), 318-301 (In Persian).
    16. Mohseni, H. (2020). Lawyer and proper respect for the judiciary, Opinion Quarterly: Studies of Judicial Opinions, 9(32), 35-49. doi: 10.22106/jcr.2018.94447.1196 (In Persian).
    17. Markaz Malmiri, A. (2024). The Necessity of and the Mechanism for Private Sector Participation in Regulatory Impact Assessment in Iran. Public Law Studies Quarterly, 54(2), 797-819. doi: 10.22059/jplsq.2022.326996.2825 (In Persian).
    18. Mahdavi-Shanqi, Meysam (2021). the position of the lawyer in the criminal proceedings, Vakil Defene Quarterly, 11(21), 119-100 (In Persian).
    19. Narimani, M., Ataherian, S., & Sahebkar Khorasani, S. M., & Mohammadi Ivanaki, M. (2023). Explanation of decision-making regarding the policy change for the issuance of attorney's license in the process of approving the "Law on Facilitating the Issuance of Business Licenses". Strategic Studies of Public Policy-Policy, 13(48), 71-32 (In Persian).

     

    1. C) Documents and websites
    2. Ekhtebar news base (1403). the head of the center's lawyers' association: the method of balancing in the bar exam should be rationalized, 5/16/1403: https://www.ekhtebar.ir/?p=99836 (In Persian).
    3. Ekhtebar news base (1402). Minister of Justice: Facilitation law reduces the scientific level of lawyers: https://www.ekhtebar.ir/?p=80647 (In Persian).
    4. Ahmadian, Maryam; Sayah, Sidamir (2021). expert opinion on the plan to facilitate the issuance of business licenses, Vice President of Economic Studies of the Research Center of the Islamic Council, subject code 220, serial number 17755 (In Persian).
    5. Baharlo, Amirhossein (2024). Legal Vice President of the Lawyers Center: The Facilitation Law has been considered for candidates' attendance in the exam, Mizan News Agency, 2024/09/7 at: mizanonline.ir/00K6Yr (In Persian).
    6. Javadi, Shahin (2012). the necessity of facilitating the issuance of business licenses (according to the text proposed to amend Article 7 of the Law on the Implementation of General Policies of Article 44 of the Constitution), Vice President of Economic Research, Research Center of the Islamic Council, subject code 220, machine gun number 13454 (In Persian).
    7. Legal Studies Office of the Islamic Council Research Center (2022). expert opinion on the inquiry plan for articles (3), (4) and (5) of the law on facilitating the issuance of business licenses approved 2022/03/15, Islamic Council Research Center 11th period, third year, machine gun number 24018379 (In Persian).
    8. Farahnakian, Farshid (2023). Independence of the center with economic reasoning: https://legalaffairs.ir/Home/post/26366 (In Persian).
    9. Malmiri Center, Ahmad (2019). Obstacles to Facilitating the Issuance of Business Licenses in Iran: Monitoring Report of the Deregulation and Facilitation of Business Licensing Committee, Vice President of Economic Research, Islamic Parliament Research Center, subject code 220, serial number 16460 (In Persian).
    10. Vice President of Economic Studies of the Islamic Council Research Center (2021). tips on facilitating the issuance of business licenses in the legal services market, Vice President of Economic Studies of the Islamic Council Research Center, subject code 220, serial number 17791 (In Persian).