MohammadReza Emadi; Issa Amini; Jalil Maleki
Articles in Press, Accepted Manuscript, Available Online from 01 July 2023
Abstract
In our country, a lawyer as a representative is listed under an establishment, and it is necessary to distinguish between the profession of legal representation and other ordinary representation. ...
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In our country, a lawyer as a representative is listed under an establishment, and it is necessary to distinguish between the profession of legal representation and other ordinary representation. In western countries, these two are separated and the simultaneous use of two models of representation is prohibited. This research has been done by analytical-descriptive method. Its purpose is to compare the Islamic-Iranian model of advocacy with its western model. It was concluded that the common law of most western countries did not provide a definition of representation and left this important to the executive process. Therefore, at the place of execution, the difference between the two types of attorneys is evident and the simultaneous use of judicial and civil attorneys is prohibited. As a result, the possibility of lawyers abusing their powers has decreased, which is considered a preventive measure against crime. Influenced by the Islamic-Iranian model of our country, according to the respectable jurists, a definition of advocacy has been implemented, and there is no definition of the profession of advocacy in other legal sources. Therefore, in the first place, it is necessary to state the exact definition of legal representation and then separate their nature and legal effects from each other. The executive system of our country is not able to influence the subject's rights like the western executive system.
