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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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Number of downloads: 123

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

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Keywords

constitutional awareness Constitution of the Republic of Poland individual and political freedom judicial disobedience professional roles of lawyer transmission easement doxa militant ethnocentrism history of the profession of legal advisor cognitive dissonance legal guarantees of advocates’ activity legal responsibility organ donation justification public truths moral responsibility indigenous people crisis of the rule of law nonfactualism equality Petera Fechtera case hybrid interpretation of law organ trade Michel Foucault principle of nondiscrimination logos Adam Zienkiewicz social ethics law-making spokesman of truth veil of ignorance Immanual Kant judicial independence Hohfeldian incidents Bartosz Greczner Marina Dawidowa Social Insurance Institution French Radical Enlightenment sense of conventional acts in law philosophy of dialogue Karl Binding Marta Dubowska anti-crisis regulations objectivity awareness of self herculean method of adjudication institutional theory trademark law Neil MacCormick explicative-existential justification

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