Document Type : research
Authors
1
Ph.D student of Criminal Law and Criminology, Department of Law, Faculty of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran.
2
Department of Criminal Law and Criminology, Faculty of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran
3
Assistant Professor, Department of Law, Khomein Branch, Islamic Azad University, Khomein, Iran.
10.22034/ejs.2024.451234.1753
Abstract
Background and purpose: Lawyers play an important role in the realization of judicial justice. Accordingly, their violations are important issues that need to be discussed. The purpose of this article is to examine the disciplinary violations of the attorney against the client, emphasizing the receipt of attorney's fees in excess of the tariff.
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 observed.
Findings: Lawyers may commit violations such as revealing client's professional secrets or receiving additional attorney's fees or studying law by resorting to deceptive means. Therefore, the legislator has defined some of the legal duties of lawyers in the Law of Advocacy, the Law on the Independence of the Bar Association and the regulations related to it, and in case the lawyer violates any of these duties, he has also determined a punishment.
Result: The freedom in determining the amount of attorney's fees is accepted in private contracts, but this freedom of contract faces limitations, which can be the prohibition of the right of profit from the claimant, the prohibition of obtaining any documents as a guarantee of the payment of attorney's fees, the prohibition of obtaining any money. Obligation pointed out. Failure to comply with these restrictions, in addition to invalidating the concluded contract, will also result in disciplinary punishment for the lawyer.
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