All persons are equal before the law and the judiciary. In order to legally guarantee the principle of equality, equal treatment of all persons in the judicial, quasi-judicial and administrative authorities is a necessary condition for a fair trial. To this end, all persons have the right to a fair trial without discrimination on any grounds such as gender, race, color, language, religion, political opinion or other characteristics.
Individuals have the right to freely choose a lawyer from the beginning to the end of the proceedings in all reviewing authorities, both judicial and quasi-judicial. Imposing a lawyer or restricting the right to choose a lawyer is prohibited.
In the Islamic system, the duty of lawyers is to defend the client in order to realize the right, and given the important role that lawyers play in the judiciary and the administration of justice, they must be safe from prosecution for defending the client’s rights and be able to independently and without any Internal and external political pressure, threats and harassment.
A lawyer is a person who is commissioned by another person – whether legal or real – to do something under a power of attorney contract.
A power of attorney is a contract by which one of the parties appoints the other party to act as his deputy. The attorney is called the client and the attorney is called the lawyer. In courts and tribunals, the case is pursued and defended, by the person himself or by a lawyer and is represented by the client. Representation in courts and tribunals is done by a lawyer. A lawyer in all stages of legal cases. And a criminal can be present and any person can refer to a lawyer in any of the stages of the prosecutor’s office, criminal court, revolutionary court, legal court, family court, enforcement of legal rulings, execution of criminal rulings, provincial court of appeal and court The Supreme Court, the Court of Administrative Justice and… to grant power of attorney to a lawyer.
Types of advocacy
- A) Absolute power of attorney: means that a person is a lawyer for all matters and this power of attorney includes the client’s administrative and financial affairs, such as selling or buying or paying family expenses, in which case the lawyer does not need the client’s permission.
- B) Restricted power of attorney: In this type of power of attorney, the subject of the power of attorney is specific and the lawyer must act in the same specific case. Like buying a house or selling a car.
Representation in courts:
Considering that filing a legal or criminal lawsuit against any case is usually possible once, except for cases that are exceptions to this rule, so obtaining the necessary information through legal advice or choosing a lawyer in filing a lawsuit or defense. In the face of a lawsuit, it can be useful in resolving the problems that have arisen. Of course, consulting with a lawyer is not limited to legal problems, and even before taking action and problems occur, you can consult with a lawyer and treat the incident before it occurs.
Power of attorney may be granted in one of the following ways:
- Definitive power of attorney: It is a power of attorney that is referred by a person to his appointed and chosen lawyer, who may be given power of attorney to the basic lawyer of one court or to the basic lawyer of two courts, as the case may be.
- Auxiliary power of attorney: Auxiliary power of attorney is a power of attorney that is referred to a lawyer in legal matters by the Bar Association or the Center for Legal Advisers, lawyers and experts of the judiciary.
- Substitute power of attorney:
- A power of attorney referred to a lawyer by the courts in criminal matters to defend the accused in crimes punishable under the law of retribution, execution, stoning, and life imprisonment, and if the accused does not personally introduce a lawyer, appoint a substitute lawyer. It is obligatory for him, except for crimes against chastity, in which the accused refuses to have a lawyer present.
- Representation of legal entities of public law:
- Ministries, government and government-affiliated institutions, government companies, Islamic Revolutionary Institutions and public non-governmental organizations, municipalities and banks can, in addition to using a lawyer, use their legal department or their official staff as legal representatives under certain conditions. And the letter of introduction of legal representation should be submitted to judicial authorities and the limits of the representative’s authority should be specified.
Representation of private legal entities: Since the granting of legal representation by private companies to file a lawsuit, defend and pursue the case in courts and tribunals is not accepted, so companies can be represented by a lawyer to file a lawsuit, defend and pursue matters.