Archiwum Filozofii Prawa i Filozofii Społecznej https://archiwum.ivr.org.pl Journal of the Polish Section of IVR (ISSN:2082-3304) Tue, 02 Apr 2019 20:31:31 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9.4 The concept of fairness in the exercise of the profession of advocate https://archiwum.ivr.org.pl/2106/the-concept-of-fairness-in-the-exercise-of-the-profession-of-advocate/ https://archiwum.ivr.org.pl/2106/the-concept-of-fairness-in-the-exercise-of-the-profession-of-advocate/#respond Thu, 20 Sep 2018 20:21:48 +0000 http://archiwum.ivr.org.pl/?p=2106 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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