The civil liability of the Lawyer, who like any other professional, is subject to the rule of law, is also liable for damages that due to possible fault and negligence could cause his client, due to his lack of professionalism or expertise in the treatment of a certain lawsuit.
However, in the case of these derivative action defense lawyer, due to the fact that the legal proposals that can be made in the management commission of their client, are subject not only to the rule of law, but also to the subjective decision of third parties in certain cases. , that responsibility is not usually so defined.
Causal link of the damage caused
The damage caused in the action or inaction of the Lawyer, must occur in a causal link with the entrusted matter, the damage must be economically assessable and individualized.
His mission is not limited to faithfully executing a mandate within the framework of the Law. In a state of law, the Lawyer must serve the interests of justice, as well as proclaim and defend rights and freedoms.
A constitutional state of law could not be conceived in which lawyers, called to defend it and defend the rights of people, would suffer:
What rights does the lawyer have for the mere fact of practicing as such? How are these rights related to the functioning of the constitutional rule of law, the defense of people's rights and the personal fulfillment of the lawyer? When are your freedom of professional practice and your independence of judgment affected? What limits does your freedom of expression have? What rights do you have that are exclusive to your work as a lawyer? In this essay, we will look at sixteen rights of attorneys and address these and other concerns.
Freedom of professional exercise and technical independence are necessary for there to be impartial conflict resolution and, therefore, effective justice. For its part, freedom of expression and the right to be elected as a representative or accept public office are linked to the very idea of democracy. Hence the special significance of these rights for the functioning of the constitutional State of law.
To. Practice your profession as long as you meet the legal requirements. For this reason, this freedom would be manifestly affected if the authorities (whether of the government or of the bar associations) prevent a person from practicing law who meets the requirements established by the legal system to do so. In a previous article we have detailed and discussed these requirements.
Note that the administration of justice is based on the resolution of conflicts by impartial judges in a contradictory system in which lawyers can freely decide the methods and techniques to follow in their defense. Hence, it is argued that for there to be a correct administration of justice, the independence of the lawyer is as important as the impartiality of the judges.
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