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The concept of fairness in the exercise of the profession of advocate

Mgr Tomasz Cyrol

Jagiellonian University

English abstract: How to understand fairness in the profession of advocate? It is obvious that the concept of fairness includes the lawful behavior. Lawful understood as comply with the „letter of law”. But the concept of fairness consists of other elements. Those are the compliance with the „spirit of law” and simply with the interests of client. The article describes different actions and influence exerting theories as examples of situations where conflicts between lawful actions and the interest of the client may appear. The conclusion of the article is that advocates have to work in a „fair” way. They are allowed to bend this rule under some circumstances but in those cases they are obliged to prove that they didn’t behave in an unlawful way and that their not fair behavior was in the interest of their clients. It is probably easier to behave in a fair way than to find justification for unfair such behavior.

Keywords: fairness, profession of advocate, letter of law, spirit of law

Language: Polish

Published: Number 2(9)/2014, pp. 26-34

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Filed Under: Articles, Full texts Tagged With: fairness, letter of law, profession of advocate, spirit of law

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Keywords

legal community evolution universalist religion egology Pierre Legendre Katarzyna Mikołajczyk-Graj legislative materials Social Insurance Institution philosophy of politics Paweł Polaczuk freedom ethical-professional values crime Krzysztof Goździalski principle of salience non-legislative lawful excuse global constitutionalism Justyna Jezierska legislative history death Thomas Bayes article 18 of the Constitution ethical relationship guilt cognitive bias transcendental pragmatics original position Russia judicial reasoning ideological interpellation thick concepts deontological ethics legal theory law as a cultural subject clarity of law Critical Discourse Analysis critical legal theory neopragmatism is-statements political responsibility realisation of Law Michał Wieczorkowski institutions political theology independence of advocates’ activity limitations of the lawyers’ power Grundnorm Marcin Matczak dualism of law cognitive linguistics

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