UNIVERSITY THIS PRIVATE
UPE Faculty of Legal, Political and Social.
SUD SEDE KM. 7 Arcaray
PRACTICAL WORK ON THE ROLLS II
Chair of Procedural Law
Course: 3do. Professor
Year: Abog. Cesar Saifildin
Student:
Enrique Meza Arévalos
Asuncion - Paraguay
2010
Unit II
1. Lawyers. Source
Lawyers and Attorneys
The historical origin of the term "lawyer" has its roots in the Latin word "advocatus" which means calling in help.
Advocate is a person, a law graduate, professionally exercised defense (judicial) of the parties at trial and in all kinds of judicial and administrative process. In addition, evaluates and provides advice on legal matters. In most systems of various countries for the practice of the profession referred to be written in the Bar or have a state authorization to practice.
Concept:
is the expert in positive law that is dedicated to defend in court, in writing or verbally, the rights and interests of litigants.
legal requirements to practice law:
Article 89 .- to practice law before judges and courts are required:
a) Title of attorney issued by the National University, foreign or properly validated, and
b) Majority of age, good character and good conduct adequately justified.
Over the requirements in the previous article, the lawyers must be registered in the registration book and sworn before the Supreme Court.
Town
According to Dr. Pagano's requirements to practice the profession of attorney are:
a) civil capacity: coming of age and not incapacitated in accordance with the laws
b) Ethics: ethical conduct of the individual, good character and repute.
c) Title: professional title awarded by a university in accordance with legal requirements.
d) Registration: registration at the administrative registration by the supreme court.
e) Note: compulsory licensing is not a requirement to practice. Trials
different about their usefulness:
Its usefulness lies primarily in that has the highest exponent of not only individual rights but also of ensuring that the constitution provides.
It also serves as the barrier against the abuse of public authorities, of those in power and against the state with de facto regime or authoritarian and totalitarian.
Sponsorship required:
The Article 58 of the Civil Procedure Code provides that the sponsorship will be governed by mandatory under Articles 87 and 88 of the Code of Judicial Organization.
These articles embody a rule of compulsory counsel, which is necessary and appropriate to assist the normal and efficient conduct of the proceedings.
Article 87 .- "All individuals can be managed personally in court, under the patronage of attorney, their own rights and those of their minor children, whose representation has. Out of these cases who want to appear before the Courts of the Republic must be represented by solicitors or licensed attorneys. "
Article 88" Judges and courts shall not proceed with the requests submitted without fulfilling this requirement. Excluded proceedings before the justice of the peace and the writ of Habeas Corpus, Amparo and other cases stipulated by special laws. "
Tariff Law Lawyers and Attorneys fees provides:" Sponsorship is mandatory attorney all judicial or administrative matter which, the representation mandated to be exercised by counsel. Neither the judges or courts or administrative authorities shall comply with any submission that does not conform to the provisions of this article.
Civil Procedure Code regarding the lack of signature of counsel in his art. 59 provides "They have not filed and returned to the subject, without further action or remedy, any document which must be signed in not any.
presentation without the requirement that they have no effect except in procedural cases receiving payment orders (called judicial checks), to request a declaration of poverty, justice proceedings before the Peace and resources of Habeas Corpus and Amparo.
Article 17 of the Constitution of our country, as determined in paragraphs 5 and 6:
1. fend for itself or be assisted by counsel of his choice;
2. that the State will provide a free legal if you do not have the financial means to afford it.
Benefits of Profession:
The privileges of the profession highlights its broad incursion in different areas of society, whether political or economic for the vast knowledge of the profession that relates to others such as offices customs advice teaching, research, diplomatic relations between others.
rights should be mentioned among the free exercise of the profession for which he was enabled to perceive and professional fees for the provision of services.
Dignity of attorney:
Procedure Code provides in Article 67 "should be kept to lawyers in their performance the same respect and consideration due to the judges'
According to the commentary that Dr. Hull Pagano had stated that the lawyer in the exercise of their profession should be required and you must keep the same due consideration to the warrant. Acts
prohibited lawyers as constituting treason to party:
are considered constitutive of betraying the party for damages caused by fault, carelessness, negligence or unfaithfulness in the discharge of its mandate (barristers and solicitors) to the client.
Disclosure of confidentiality is considered high treason to the party. The lawyers and attorneys are forced depositaries of the secrets of the citizens. The
be abusing this trust is a serious violation of citizen's moral personality, betrayal of society and its duties.
Duties:
The rule based procedure provides a set of rules of conduct to which the parties must comply with, these include the professional lawyer as follows:
a) Principle of Morality: demand that requires certain conduct, which must act in good faith and not abuse the right. Speaking of morality including the principles of loyalty, honesty and truthfulness,
b) Continue the process: the lawyer has the duty to follow the trial proceedings during the subsistence of his personality.
c) Duties of the Customer, duties that result in direct and assist his client with legal technicalities to defend their interests.
d) Duties of the courts, demonstrating behavior consistent with good order of the process and the authority, dignity and decorum due to the court.
e) Duties to the contrary, always acting in good faith, loyalty, avoiding the abuse of rights.
Responsibilities:
lawyer acting as trustee or patrocínate jointly liable with his principal or sponsored by the consequences arising from the exercise of its function, so it may incur the following responsibilities:
a) Civil: Regarding his client, the requirement of a contract of which emanate from its obligations with accountability governed by common principles. This responsibility is negligent or committed an inexcusable error.
respect to the other party responsible for their actions in court (bad faith, abuse of law) this is strictly related to the principle of morality.
b) Discipline: is this responsibility to the lawyer's duty to cooperate with the administration of justice, as established by the Code of Judicial Organization and Civil Procedure Code when it requires the lawyers to respect their authority, keeping decorum at the hearings , written, in filling out their mandates or orders or any other circumstance.
c) Penalty: This arises from the commission of crimes classified as such by the Penal Code the crime of violation of personal confidentiality, etc.
d) Special: In our country there is a peculiar sanction lawyers who acts encouraging the delay of justice, this measure is somewhat unconstitutional according to Dr. Hull Pagano, since the only responsible for guiding the process is the Judge This determines who should be punished.
disciplinary measures that may be imposed:
The Supreme Court of Justice exercises supervision and disciplinary authority, the disciplinary measures may be imposed are lawyers and prosecutors as art. OC 236 can range from a warning, fines or imprisonment. Fines may not exceed thirty legal minimum wages for various activities not specified in the capital of the Republic. The arrests may not exceed twenty days may be at home.
to other art. 94 of the Code provides that the CSJ married or annul the registration of a lawyer or attorney for misconduct, serious misconduct in the practice of the profession, judicial sentencing, among others.
Causes of termination of the mandate:
The art.64 of the Civil Procedure Code provides for the representation proxies stop:
a) revocation of the mandate in the process. In this case, the principal must appear by itself or establish new agent without summons or subpoena, just continue the trial penalty of rebellion. The mere presentation of the client without asking for recognition of legal status, does not revoke the power.
b) Resignation, in which case the proxy must, under penalty of damages continue the efforts until the given deadline the judge may fix or replace the principal to appear in person. Setting a time limit failing which will continue the trial in absentia.
The resolution so provided by ballot shall be notified in the real address of his principal;
c) personality has ceased to litigate the principal;
d) Having concluded the cause for which he was granted the power,
e) death supervening incapacity of the grantor. In such cases shall be suspended for completion. The attorney will continue in office by the deadline set by the judge will, upon request.
When death or disability has come to the attention of the president, it shall be submitted to the court within ten days, under penalty of losing the right to charge fees that become due thereafter.
En la misma sanción incurrirá el mandatario que omita denunciar el nombre y domicilio de los herederos, o del representante legal, si los conociere, y
f) Por muerte o inhabilidad del apoderado: En tales casos, se suspenderá la tramitación del juicio y el juez fijará al mandante un plazo para que comparezca por sí o por nuevo apoderado, bajo apercibimiento de continuar el juicio en rebeldía.
Colegiación:
Este vocablo deriva de la palabra "colegio" con lo cual se invoca a las corporaciones de personas de una misma profesión, habitualmente esta acepción es aplicada a la agremiación de quienes ejercen profesiones liberales (abogados, doctors, engineers, etc.).. In some jurisdictions the licensing of these professionals, especially lawyers, is binding, remain a subject of constant debate as to whether compulsory licensing attentive or not work against freedom of association.
When it comes to licensing, often heard that the constitution prohibits the compulsory. This has been an argument often advanced by those who reject the practice and control the operation of courts of Conduct, which apply a Code of Ethics.
The Constitution stipulates in art. 42 "Everyone is free to join or unionize for lawful purposes, and no one is compelled to belong to a particular association. The form of professional associations shall be regulated by law. "In other words Profession Act would enforce a constitutional provision.
Code of Ethics and the Commandments of Attorney:
The lawyer must proceed in a manner that may be worthy of respect and contribute in ways that contribute to the prestige and significance of law in the exercise of the profession must maintain independence in all circumstances.
Advocate is responsiblefor acts willfully or negligently in the exercise of the profession.
Attorney agrees to comply strictly with the obligations enshrined in the Code of Ethics and Discipline, prepared by the National Council, to regulate the duties of the attorney for the community, other professional client, and even on with advertising, negative equity, the duty of legal aid, the general duty of civility (politeness) and their respective disciplinary procedures.
of U.S. Attorneys, Office Source:
is any person by order or command acts on behalf of another, known in antiquity as personero, because it presented at trial rather than the person of their principal.
Acts that can be performed through him:
To represent the parties in a trial under a power or office as well as working with counsel in the conduct of the trial.
Legal Requirements:
to exercise the judicial enforcement is necessary: \u200b\u200b
a) Title of Judicial or Notary Attorney issued by a national or foreign university duly recognized or have been registered before or have played with COJ conduct the secretary of the district court or a tribunal, for two years at least.
b) Registration in the register and take an oath before the CSJ.
Duties and Responsibilities:
A court prosecutors are applicable, in general the arrangements for the lawyers.
Professional fees, guidelines for their regulation:
The Article 95 of the JOC provides that lawyers and solicitors have the right to charge their fees for professional services in a way that may determine the respective legal provisions.
1376/88 Tariff Law Lawyers and Attorneys' Fees.
1 .- The fees of lawyers and solicitors registered for professional work performed in trials, administrative and judicial proceedings, where no written contract, shall be determined in accordance with this law.
contract is void on fees below those set forth in this tariff, as the early resignation of all or part of them.
Art.2 .- Attorneys' fees are free of costs incurred in the performance of professional management.
careIf work requiring professional moving away from its seat, are borne by the customer the cost of relocation and travel expenses, at a level commensurate with the dignity of the profession.
advances made by counsel for causídicos expenses should be refunded by the customer.
3 .- when several professionals representing a single party or person, the fees will be established together, whether the intervention had been successively, of that total will be assigned the part that corresponds to each particular professional, serving its proportionate interest in the case. Also which one will cost you the direction and sponsorship of professional management, corresponding to this double fees that the procurement exercise.
8 .- The lawyers may charge fees if personally involved in their own case, when his opponent had been ordered to pay costs. If for this purpose was sponsored by another professional, observe the rule laid down in Article 3, last part.
Guidelines for regulation:
9 .- In all proceedings, the court shall automatically cover the fees when issuing a final decision, proceed the same way, in matters incidental.
10 .- The time and manner of granting appeals against the decision to regulate fees are the same when you turn under the decision rendered in the primary.
11 .- The fees are regulated by professional action to enforce payment, at its option, the party ordered to pay costs or to his principal, the latter may repeat that it would have paid, subrogation to the rights of the professional.
Art.12 .- If he had agreed a fee for providing regular ongoing professional services, the lawyer does not receive fees from its counterpart in cases where this was sentenced to pay the costs, except as to matters outside the relationship.
21 .- To regulate fees, judges or courts should take into account:
a) The amount of matter when he is capable of valuable consideration;
b) The legal value and quality of professional work;
c) The complexity and importance of the issues raised;
d) The economic benefit gained by the customer. Art
22.-In the incidents regulate the fees, taking into account:
a) the amount claimed in the main,
b) the result immediately or they will have on the outcome of the main trial;
c) the factors listed in Article 21. The amount covered can be extended to twenty-five percent of the sum that would apply concept as the main cause, but in no case less than three days' wages. Features
entitled to contingency fee fees.
16 .- The lawyers and attorneys with their clients may hold contingency fee basis, subject to the following rules:
a) was drafted in as many copies as any party;
b) No may affect the client's right until forty-five percent of the net result of the trial, whatever the number of agreements made by him;
c) involve the obligation of professionals to respond directly for costs and expenses of the adversary causídicos in proportion to the holdings they have in the covenant;
d) May not be objects of contingency fee food and labor trials.
17 .- The agreement may be terminated only:
a) by mutual consent, or result;
b) by negligence of the professional, declared by the judge or court. In this case the professional is not entitled to any remuneration, and
c) for payment to the highest professional that under the pact, has been completed successfully reciprocate when appropriate.
Editor: Elva Lopez
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