Authors : Fatmeh Sadat Mousavi and Azizullah Fahimi
Abstract: Lawyer is a critical and key job because of its association with dignity, honor and properties of others including the client. The relationship between lawyer and client is organized and controlled in two ways; one is the law contract based on which the lawyer is obliged to implement its provisions and violation of which, if injurious for the client, is liable to be required for compensation by the lawyer. In addition to contractual obligations, there are obligations, extraneous to the contractual type, a lawyer feels under the pressure of law; it is quite clear that in case of the absence of a contract such legal requirements are automatically cancelled. Legal obligations which are appointed by BAR Association consider punishments appropriate to a specific violation of law which is dealt with in quasi-judicial authorities and BAR Association. Although, this authority does not have jurisdiction to explore lawyers’ civil liabilities, if the lawyer is convicted in such authorities, the sentence can be documented in legal courts to remove the burden of proving the guilt from the shoulder of the client and the client in case of a civil liability case, only has to prove his loss due to lawyer’s illegal action. In addition, the client has to prove the causal relationship between lawyer’s action and consequent harm.
Fatmeh Sadat Mousavi and Azizullah Fahimi, 2016. A Comparative Look to Lawyer’s Civil Liability Towards the Client. The Social Sciences, 11: 3163-3170.