Background and Aims: The purpose of this article is to examine the undismissal attorney and its challenges, such as the condition of not dismissing a lawyer during the attorney's contract, in the judicial procedure in Islamic jurisprudence and the subject law of Iran.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that two methods have been stated in the civil law for concluding a power of attorney without dismissal: concluding a power of attorney as a condition in addition to the necessary foreign contract and the condition of not dismissing the lawyer. However, there is a serious difference of opinion regarding the fact that it is possible to stipulate the non-dismissal of the lawyer in the power of attorney contract and the effect of this condition on the power of attorney contract.
Conclusion: The conclusion is that it is necessary to deviate from this point of view which is based on formalism in concluding contracts and believed that the agreement not to dismiss the lawyer regardless of its format is valid and binding, and based on this, the condition of not dismissing the lawyer in the contract of representation is also correct.