Validation of the condition of depriving the right to dismiss a lawyer in legal representation regarding lawsuits and trials

Document Type : Original Article

Authors

1 department faculty of larsetanazad university-larestan.Iran

2 Assistant Professor, Department of Law, Larestan Branch, Islamic Azad University, Larestan

3 Assistant Professor of Law, Larestan Branch, Islamic Azad University, Larestan, Iran

10.30510/psi.2022.357962.3884

Abstract

Depriving the right to dismiss a lawyer in an attorney contract (in the form of a condition included in the contract) as a means of extending the description of the necessity to the attorney contract and preventing the client from terminating the contract is a subject of discussion and different opinions and views in jurisprudential sources, and the question that is raised here is this. What is the condition of depriving the right to dismiss a lawyer in legal representation regarding lawsuits and trials? The Civil Code of Iran, in Article 679, prescribes the possibility of including the condition of non-dismissal of the lawyer in the attorney contract and specifies that if this condition is agreed upon in the necessary contract, it will prevent the client from terminating and returning from the attorney contract. As a result, the basis for accepting such a condition is to respect the principle of the sovereignty of the will of the contracting parties, who can agree to the existence and continuation of the contract despite the legality of the contract. The possibility of using the condition of non-dismissal in the field of legal representation in lawsuits according to the special laws governing the administration of justice and the philosophy of choosing a lawyer who defends It is about the client's rights and protection of his interests, it is a place of discussion and reflection which is studied and analyzed in this article.

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