Profession Of Lawyer Research Articles

Regulation and organization of the lawyer profession in Romania in accordance with the provisions of Law no. 51/1995

The legal system in Romania is based on the principle of the rule of law, which ensures equality before the law and the protection of individual rights. Within this system, the lawyer plays an essential role in providing legal services and guaranteeing a fair and just trial for all citizens, representing and defending the rights of his clients before the courts and in other legal proceedings. Through their legal expertise and commitment to justice, lawyers are fundamental pillars of the legal system and help maintain its balance and integrity.

Law practice in ukraine in the aspect of implementation of general european standards of the organization of legal activities (theoretical and legal aspect)

The article examines the development directions of the advocacy institute based on the analysis of the content of the special legislation of Ukraine. In the aspect of intensifying the processes of European integration of Ukraine, as a candidate state for joining the European Union, the main factors of reforming the institution of advocacy of the self-governing bodies of the advocates are analyzed, the priorities of the reform of the legislation on advocacy are outlined, taking into account the problems of the practice of advocacy. On the basis of a systematic analysis of international and bilateral documents, the latest amendments to the Law of Ukraine "On the Bar of Ukraine" and laws on the implementation of the rights and freedoms of a person and a citizen of Ukraine provided for by the Constitution, aspects of the practical implementation of the principles of the rule of law, strict adherence to the constitutional provisions of the law, democracy, social expediency, principles of scientific validity, systematicity and coherence, interconnection and interaction of legislative acts, priority of generally recognized norms and principles of international law in relation to national legislation. The conclusion that the main task in the process of practicing law is to highlight the processes of reforming the institution of advocacy and the mechanisms for ensuring the development of special legislation is substantiated. Special emphasis is placed on improving the self-government of lawyers, guarantees for the protection of the professional rights of lawyers, and strengthening the qualification requirements for persons who must gain access to the profession of lawyer.

Legal Philosophy's View of the Role of Advocate Professional Ethics as an Honorable Profession in Carrying Out Good Law Enforcement

The lawyer profession plays a crucial role in maintaining integrity and justice in the legal system. From the perspective of legal philosophy, the professional ethics of advocates is a deep and complex foundation. Several philosophical views, such as utilitarianism, deontology, and contractualism, provide a framework for understanding advocate ethics. The utilitarian view emphasizes the importance of achieving the best outcome for society as a whole, which can create ethical dilemmas when advocates are faced with controversial cases. In contrast, deontology emphasizes the moral obligations that advocates must follow, which can give rise to conflicts between obligations to clients and society. Contractualism links the ethics of advocates to the moral agreements that underlie the legal system, emphasizing their responsibility for better social change. Advocate ethics is also closely related to the concept of social justice, where advocates must ensure that the law is applied fairly, regardless of individual background. In addition, in dealing with ethical conflicts in practice, advocates must refer to the ethical principles of their profession as a guide. Advocates' ethics not only underlie their duties as legal representatives, but also involve moral considerations about how their actions may affect society as a whole. This is a very important foundation in maintaining professionalism and carrying out their role as law enforcers

Harmonisation of ethical and legal principles in the activitie of the bar of Ukraine and the countries of Slovakia and the Czech Republic: a comparative legal aspect

The article deals with the urgent problem of trust in the legal profession and its impact on the effectiveness of protection of human rights and the activities of society itself. The necessity of cooperation between ethical principles and legal norms in the context of human rights protection is substantiated. The focus is on the analysis of the interaction between ethics and legal norms, as well as their reflection in the modern legal system, and emphasises the universality and inviolability of human rights and their important role as guidelines for society and the state.
 Adherence to ethical norms and legal standards plays a significant role in ensuring public trust in lawyers and, ultimately, in the performance of the profession of lawyer - the protection of human rights and dignity in the modern legal environment. Interaction is fundamental to the modern legal system. Ethical principles, based on justice and goodness, shape moral behaviour and contribute to the development of the legal community. Legal norms, in turn, regulate the behaviour of citizens and organisations in society.
 The article emphasises the universality and inviolability of human rights, which are fundamental principles that apply to everyone without exception. They are based on general principles of justice and dignity that should not be limited to specific cultural or religious contexts. Human rights serve as a guide for the development and application of legal norms. Many ethical principles, such as those of justice and equality, are reflected in human rights and are an important component of both ethics and human rights. Many constitutions and international treaties protect fundamental rights and freedoms. Interaction of ethics and legal norms in the context of modern society and its moral development. The professional ethics of the advocate is an important component in the formation of a fair, dignified and effective legal environment. Compliance with ethical norms and legal standards is an integral part of the advocate's work in the society.

The content and meaning of the IT lawyer profession

The purpose of the article is to study the essence of the work of IT-lawyers, determine the directions of their activities, as well as reveal the main skills that such a specialist should be endowed with.
 Considering the trend of digitalization of society and the development of IT-companies based on this, we need to talk about the formation of a new direction of work IT Law as a scientific and practical field of interdisciplinary activity.
 Attention is focused on the fact that an IT-lawyer is not a highly specialized, but must combine knowledge and skills in completely different areas. Thus, taking into account the extraterritoriality of the information space, an IT-lawyer should have a perfect command of the methodology of legal comparativistics, know at least the national legislation, the basics of the legislation of the states with which his activities are connected through information communication, and international law in the relevant field. In other words, when entering into documents (user agreement, privacy policy, contract with a foreign company, etc.), an IT-lawyer must take into account the legislation of the country with which his client will cooperate.
 It is stated that, in addition to the actual IT Law, an IT-lawyer should have extensive knowledge of various branches and institutions of law. They cover at least Civil Law, Intellectual Property Law, Contract Law, Family Law, Inheritance Law, and so on.
 Other mandatory competencies of an IT-lawyer include managing risks associated with the use of digital technologies. This includes, in particular, the introduction of new systems of protection against cyber attacks; innovations in protection against copyright violations and personal data protection, and so on. In addition, the scope of special knowledge of an IT-lawyer can be expanded through the basics of programming, computer technology architecture, and foreign languages.
 It can be concluded that such a complication of the basic requirements for hard- and soft-skills of an IT-lawyer requires a comprehensive approach, which includes the creation of a separate specialization of the corresponding direction in universities, as well as the deepening of knowledge and practical skills among students through the development of legal clinics and laboratories of IT Law in collaboration with specialists in technical sciences.

The Incapacity of the Married Woman in Interwar Romania: from the Issue of Legislative Unification to the Possibility of Practising Advocacy

"The incapacity of the married woman in interwar Romanian law is analyzed in the general context of the legal system of that period, which raises the question of legislative unification. From the perspective of the Romanian legal tradition in this field, but also of positive law, the doctrine and case law have clarified several relevant aspects. An interesting 1920 debate concerned the possibility for women to practice the profession of lawyer. The arguments brought by one side or the other reconstruct, to a great extent, the general attitudes regarding the incapacity of women in private law. In the field of equal political rights, the Constitution of 1923 stipulated the need for special rules “voted by a two–thirds majority” to establish “the conditions under which women can exercise political rights”. The ordinary legislature was to decide, sometime in the future, whether, at this level, it would establish a full equality of women and men, or whether it would grant women only in part a number of political rights which men had."

Use of the Socratic method in training lawyers

The modern period of development of legal education in Ukraine faces many problems. However, so far they are not properly resolved.
 Considering the implementation in Ukraine of the principles and requirements of the Bologna Process, the researchers' attention is drawn to such issues as the changing role of law and lawyers in society, the reform of the legal profession, the internationalization of the legal services market, the impact of legal professionalism on legal education.
 Part of the mentioned challenges are methods of improving the actual educational process, in particular, the logical thinking of future lawyers.
 In search of a solution to the mentioned problems, the authors agree that one of the ways, in particular, combining theory and practice, is to use the experience of foreign countries. First of all, the USA, Great Britain and Germany, where the three best legal education systems in the world today were created and operate.
 The article examines certain aspects of the methods of improving legal education in Ukraine, related to the connection between theory and practice, the formation of professional legal competence, a special feature of which is argumentation. The research is based on the Socratic method. It acts as a form of joint reasoned dialogue between the teacher and the student, based on posing and answering questions, with the aim of stimulating the logical and critical thinking of future lawyers. The gradual introduction into legal education of the work experience of American law schools, a method where the student independently produces his own logic of proof and convinces everyone that the decision he has determined is the best.
 According to the authors, the Socratic method can be borrowed for the training of Ukrainian lawyers only under four conditions.
 The first of them is related to the fact that «Logic» as an educational discipline in universities of Ukraine is not mandatory. The Socratic method, which is inherent in this discipline, is often not even mentioned in the relevant «Programs of Work».
 The second condition should take into account the experience of the USA in that, starting legal education, an American student is already prepared to think logically to a large extent.
 The third condition is to ensure a much higher level of awareness among applicants of choosing the profession of lawyer.
 The fourth condition for the use of the Socratic method in legal education of Ukraine is the settlement of the still unsolved problem of the teacher's workload. It is an obvious barrier to the individualization of education, as it affects his earnings.

The ethical and deontological values of the lawyer profession

n a modern society, characterized by technological, informational, social and cultural changes, a society often plagued by major ethical and moral challenges, it is essential that the pursuit of any profession, and even more so of a legal profession, be grounded. on the observance of ethical and deontological values.Lawyers are considered to be role models in society since ancient times. Consequently, maintaining and increasing the prestige of the profession cannot be achieved without respecting the rules of professional ethics and without there being a permanent concern of the members of this profession to achieve the highest professional and deontological standards.The role of the lawyer is not limited to representing his client, but he acts in the interests of justice and the rule of law, and values such as humanism, professionalism, integrity, dignity, good faith, empathic obedience and mutual respect must govern his work.Based on these considerations, this article aims to reaffirm the importance of respecting the rules of ethics and deontology in the exercise of the legal profession and to analyze the key principles that apply to the profession, as outlined in domestic law by Law no. 51/1995 for the organization and exercise of the legal profession, the Statute of the legal profession and the Deontological Code of the Romanian lawyer.

The Urgent Need for the Adoption of an European Convention on the Profession of Lawyer

Lawyers play an essential role amongst professions as primary actors in the system of justice and so by their contribution to protecting the Rule of Law, ensuring access to justice for citizens and protecting fundamental rights and freedoms. In this respect, the profession of lawyer can come under considerable pressure from the executive and legislative powers, as well as from the judiciary or non-state actors. The continuing attacks on the role of lawyers since the Recommendation No. R(2000)21 of the Committee of Ministers to Member States on the freedom of exercise of the profession of lawyer was adopted, that have accelerated lately, emphasize that The European Convention on the Profession of Lawyer is urgently needed.

Types and characteristics of guarantees designed to protect professional secrecy in the performance of the profession of lawyer in Polish law

The types and characteristics of guarantees created to shield Polish legal professional secrecy are the subject of this article. It is inseparably connected with the character and role of it in performing legal profession. Those guarantees are one of the most important factors in protecting legal professional confidentiality – not only crucial for the client but also for the whole legal protection system. Additionally, the main issues of lawyer’s secrecy in a criminal trial associated with a conflict of goods protected by the legal system have also been noted. Therefore, the author noticed the importance of evidence bans that are a guarantor and an element that creates trust between the parties who entrusted themselves with secrets in the process of communication related – in the case of lawyer secrets – to legal services. Moreover, there is now an increased need to protect the right to privacy, which was also observed and emphasized in this article.

УКРАЇНСЬКА АДВОКАТУРА В УМОВАХ ВІЙНИ: НАЦІОНАЛЬНИЙ ТА ЗАРУБІЖНИЙ КОНТЕКСТ

The article explored the issues of the functioning of the advocacy during the russian-­ukrainian war. The main challenges that were put before ukrainian advocates within the country and abroad were analyzed. Ways of solving the difficulties associated with the war were identified. The purpose of the article is to analyze the problems and trends in the development of the ukrainian аdvocacy during a full-scale war, formulate recommendations and proposals for improving the stability of its functioning in a crisis. The paper drew attention to the fact that during the war the needs of clients and lawyers changed, in particular, security needs and physiological needs became priority, the number of clients decreased, so a significant part of the lawyer profession was on the verge of survival. A generalization of the practice of the functioning of the legal profession during a full-scale war allowed the author to define out the following general stages of its development: 1) shock; 2) survival; 3) restoration and gradual performance to pre-war indicators, expansion of potential. The article formulated practical recommendations for ensuring effective advocate’s activity, as well as maintaining the stability of the advocacy system during the war. The necessity of normative regulation of the obligation of the bodies of the advocate’s self-government to evacuate the relevant materials of office work was argued in the event of a declaration of a state of war or the introduction of martial law, the presence of a threat of military seizure of the community in which such a body is located. It was concluded that in the conditions of a full-scale war, the ukrainian advocacy experienced severe trials, which differed in geographical, chronological and sectoral aspects, while at the same time, the professional community demonstrated the existence of a sufficient resource of strength and institutional stability, for the further strengthening of which the need to amend the Law of Ukraine «On the advocacy and advocate’s activity» was justified.

The Taxation Mechanism for the Income Obtained Through Practice of the Lawyer Profession

The article discusses a series of conceptual and practical aspects regarding the taxation of the income obtained through practice of the lawyer profession. Taxpayers who obtained independent income from this profession have to establish through self-assessment the filling and payment obligations in the single tax return filled within the legal timeframe stated in the Fiscal Code. The lawyers registered with the Bar, licensed to practice the profession, have the obligation to contribute to their own pension and other social security rights system. The contribution obligation of the members of the National Social Security Fund for Lawyers becomes effective for each calendar month starting from the moment the basis for the calculation of the monthly contribution is established, this institution being responsible for the administration of the contribution receivables of the Bar members.

HUKUM DAN POLITIK DI CHINA (KAJIAN RELASI KEKUASAAN PARTAI TERHADAP PROFESI HUKUM)

Abstract This article discusses the legal and political issues in the People's Republic of China by examining interactions between the legal profession which have a profound but undisputed impact on daily law enforcement and broader state-community relations. This doctrinal research uses conceptual approach. The results shows that since the late 1970s, China has experienced significant political, economic, social and cultural changes. The legal system had restoration but retained the character of state hostility towards this entity. Courts, prosecutors and the police are government apparatus controlled by the party as the highest authority in formulating and control policy. The lawyer's profession has been privatized, but with the lack in the legal education system, issues of attorney's capacity have surfaced. Lawyers are permitted to join professional associations, but party control remains strong. Critical and active lawyers are likely to have a wide-ranging impact in the future on the existence of judges, prosecutors and police, even including the party's authoritarians themselves.

Some aspects of legal regulation in international law: human rights protection issues

The relevance of the topic of the article is confirmed by the tendencies and dy-namics of the internal development of modern democratic states, the need for a comprehensive theoretical and legal study of the effectiveness of the practice of law in the mechanism of ensuring the constitutional rights of citizens. In the context of this, the aim of the article was to carry out a comprehensive comparative analysis of the legal regulation of practice of law in the territories of the Member States of the European Union and the Commonwealth of Independent States. The author's developments and conclusions resulting from scientific and legal research are summarised as follows: international and national law consolidates different approaches to the practice of law; the legal regulation of the process of entering into the profession of lawyer and the subsequent exercise of his lawyer's activity in the territory of the European Union has more detailed elaboration in the context of the realities of modern legal relations in comparison with Commonwealth of Independent States countries; a comparative analysis showed that a model of practice of law, regulated by the legislation of the French Republic, can be considered the most approximate to the idealistic.

Innovation in the professional practice of lawyers: utilizing the capacity of artificial intelligence

The modern stage of development of society, first of all, is the wide market of digital technologies that covers all new industries of production constantly. This market develops actively, it frontlines of ICT get to other spheres of production and public activity, that predefined by technological sector progress. Such sphere of human activity as jurisprudence it is not an exception.The article covers the lawyer profession problems peculiar to modern Ukraine. The attention of the reader is emphasized on the urgency of introducing innovations into the activity of Ukrainian lawyers, caused by the processes of globalization.

Psychological and Legal Determinants of the Professional Legal Identity of the Lawyer

Radical changes in the domestic legal life have a large impact on the understanding of law, legality, nomocracy, law-making and law-enforcement activities, legal culture, human and civil rights and freedoms. That is why the most expedient is the study of professional legal consciousness, taking into account the essence of the phenomenon of “legal consciousness”, which is studied through the prism of the basic provisions of the psychological, sociological and communicative theory of law. Such an approach creates the preconditions for research and professional justice of the lawyer, the essence and features of which are specified in the content of legal psychology and legal ideology, in the system of legal knowledge, representations, values orientations inherent to lawyers. The professional legal consciousness of a lawyer determines the role of law-making and law-enforcement activity and acts as an important guarantee of the rights and freedoms of man and citizen, ensures the perfection of the form and content of sources of law. The system analysis of the professional activity of the lawyer proves that this activity is a multilevel hierarchical entity in which legal consciousness is a component of the higher, socio-psychological level of the organization of the behavior of the individual. In constant interaction with other levels of personality development as a holistic functional system, the expert’s legal consciousness acts as a psychological mechanism of motivation and selfregulation of professional activity. The analysis of objective factors of lawyer’s development allows the lawyer to identify the main determinants of this process as a system of social phenomena such as the socio-economic structure of society, the level and categorical structure of social justice, norms of morality and law, the system of general and vocational education. The most important subjective-psychological factors of the development of professional justice of a lawyer is a system of assimilated legal concepts-categories and principles on which the psychological structure of his professional law-enforcement activity is based. The leading role in the state of the legal profession of lawyers has a scientific, theoretical, professional legal knowledge, including knowledge of domestic and European jurisprudence

EUROPEAN EXPERIENCE OF LEGAL REGULATION OF ATTORNEY PROFESSIONAL ETHICAL BEHAVIOR

The European experience in the legal regulation of the lawyer’s professional ethical conduct is important and necessary for any civilized community. Its positive characteristics can be useful for reforming the current legislation of Ukraine and further scientific research. Since the profession of lawyer is designed as a benchmark for the protection of human rights in relations with the government, the existence of clear standards of attorney ethics that meet the generally recognized world standards – is a necessary prerequisite for the effectiveness of the advocacy as such. It is Europe’s universally recognized values, such as the right to life, liberty and security of person, property, fair trial and others, that will only be true values if they can be protected in a civilized legal way. The article reviews the work of the eminent lawyer M. Mollo “Rules of the Bar in France” which outlines important and necessary professional personal requirements that a lawyer in a modern democratic society must meet. The individual provisions of the German Bar, which is an independent organization in the justice system, are examined. The German Bar system allows attorneys to practice law virtually as free entrepreneurs. Moreover, it is determined that the practice of advocacy in Germany contains a lot of innovations, first of which is its concern with countries that are members of the European Union. It should be noted that the author has suggested the first step for Ukraine – based on the experience of Germany – is to establish a single minimum tariff, which would be used by both law firms and individual lawyers. Based on the review of the provisions of the General Code of Practice for EU lawyers, an important next step for Ukraine has been identified is the rules on professional insurance. Attorneys should always be insured against unfounded claims that are related to insufficient professional competence, and the size of the insurance should be set within reasonable limits. It is important to note that the laws of other European countries trace the principles of the autonomy of the legal profession, independence, exclusivity, self-government and self-financing.

ЮРИСТ МАЙБУТНЬОГО – В СПІВПРАЦІ З ШТУЧНИМ ІНТЕЛЕКТОМ

Formulation of the problem. The article introduces the scholarly reader to the problems of the profession of lawyer, characteristic for modern Ukraine. Emphasizes on the relevance and cost-effectiveness of the investigated issues related to the activities of lawyers, in particular in close interaction with artificial intelligence. The problem of separation of practice from the theoretical-legal sub-soil is raised. Analysis of research and publications. The article was written on the basis of theoretical and legal experience, including on the issues of artificial intelligence, obtained on the basis of the research of the works of such scholars as Aristova I., Babinskaya A., Baskakov V., Belyakov K., Gavlovsky V., Gurkovsky V., Zolotar O., Kormich B., Lipkan V., Kalyuzhny R., Kostitsky V., Litvinov O., Maksimenko Y., Marushchak A., Nastyuk V., Pilipchuk V., Stoetsky V., Semkin T., Tarasenko L., Tsymbalyuk V., Shvets M. Problem statement. The purpose of the article is to investigate and highlight the need for adaptive changes in the lawyer to emerging life realities caused by the development of scientific and technological progress, to prepare scientific consciousness for a qualitative update of this social institute in connection with the existence of artificial intelligence and a call for theoretical and legal developments on the subject. The purpose of the article. The purpose of the article is to invite the authors to use the broad legal and scientific-theoretical mental capacity of the state for new developments and preparation of a sound legal field, which would be based on the principles of humanism and reasonable cooperation with artificial intelligence and guarantee real protection of human rights and take into account global of this sphere. Presenting main material. The necessity of non-standard methods of lawyers' self-advertisement in modern conditions, the need for multifunctionality and departure from the narrow specialization and constant mental self-improvement, the readiness for atypical solutions of tasks, the prompt response to any threats and the need to perform predictive functions are considered. The need for modernization of "relations" is theoretically substantiated – the cooperation of a lawyer with artificial intelligence, which will give rise to global innovative products in Ukraine, which will make life less conflicted, orderly and harmonious. Conclusions and suggestions. A strong motivation has been formed for the internal intellectual impetus of researchers in the field of law to new scientific intelligence based on the scientific-prognostic method of research. The cooperation of a lawyer with artificial intelligence is proposed in order to achieve the goal set by this profession – to achieve law and order and to establish humane values in the society.

ACCESS TO PRACTICE AS A LAWYER BASED ON DATA FROM THE DISTRICT BAR COUNCIL IN OPOLE

Lawyer is a legal profession of public trust who has been appointed to provide legal assistance, shape and apply the law, as well as to cooperate in the field of protection of civil rights and freedoms. This is one of the professions that focus on serving personal human needs and is additionally associated with receiving information about personal life. Therefore, the profession of lawyer must be organized in such a way that it can justify public conviction regarding the proper use of information about the individual that is needed in the course of services rendered (Wyrok TK, 7 maja 2002).

A New Analysis of the Market for Legal Services: The Lawyer, homo œconomicus or homo conventionalis?

The current movement of deregulation of professional services in Europe rests on the idea that reducing professional regulation will increase market competition and lead to cut prices for customers. Studying liberalization of the market for legal services, we assume that competition relates much more to quality than to the sole prices. Endorsing the perspective of economics of convention, we show that the profession of lawyer overlaps with a diversity of autonomous and dis-tinct logics that links the quality of services valued by clients with professional practices. These typical logics frame different rational processes characterized by the implementation of distinctive interpretation and reflexivity processes by lawyers. Given that the market-based rationality of maximizing profit sustains only one of the fourth logics embodied within the legal market, this article questions the consequences of professional deregulation on the performance of the market for legal services.