المسؤولية المدنية للمحامي المنتدب (دراسة مقارنة)

Civil liability of the assigned lawyer (A comparative study)

Every legal relationship, whatever its source, whether it results from a contract, that is, the meeting of two wills, or from the individual will of people, or whether it results from the will of the law alone, must result in a set of effects, whether negative or positive, and these effects together are what is known as civil liability. Civilization is the product of intertwined legal relations between members of society and the resulting tangible effects and secretions that have a legal character that work to move the natural stillness that dominates the legal space of existence. Every human being who possesses legal capacity is responsible for his actions, whether negative or positive, and this is what applies. On the legal relationship arising from the decision to appoint a lawyer.
The subject of this responsibility is considered one of the important topics that have a bearing on practical reality, especially with the absence of precise legal regulation of the mechanism of work of the seconded lawyer, which has made the secondment system at the present time closer to formality than to the objective goals sought by the legislator. This naturally results in many professional mistakes that The seconded lawyer must be held civilly accountable, as any damage to the beneficiary of the secondment decision that results from the seconded lawyer’s transgression or negligence in performing the legal duties assigned to him raises his civil responsibility of compensation towards the person harmed by his unlawful act.
The problem of this study revolves around two main pillars: the first is procedural and the other is substantive. The procedural problem is to determine the legal rules regulating the work of the seconded lawyer in terms of organizing a special register for the seconded lawyers and the mechanism for obligating the seconded lawyer to accept the secondment and the penalty resulting from it in the event of violating this and the corresponding obligations of these obligations. Rights and privileges granted to the seconded lawyer on the one hand, and on the other hand the issue of adjusting the legal nature of the seconded lawyer as to whether it is a legal duty or legal representation and the extent of its binding on the seconded lawyer and the body issuing the seconded decision. As for the objective problem, it revolves around the legal adjustment of the seconded lawyer’s responsibility whether it is contractual or not. Tortuous or otherwise, and clarifying its elements and finding out the appropriate legal rules to compensate for the damages resulting from it. The most prominent means of addressing this problem lies in the Iraqi legislator’s response to the legislative gap occurring in this aspect by developing legal texts to regulate the work of the assigned lawyer in all its aspects.
The civil liability of the assigned lawyer is considered a strict professional responsibility compared to the responsibility of other ordinary persons, where the mistake of the assigned lawyer is measured by the standard of a careful professional person or the so-called standard of a rational professional. What is required of the assigned lawyer is to lead the interests of the beneficiary of the assignment decision and maintain the legal balance by monitoring the procedures. The course of justice, and any failure on his part in performing these duties raises his civil liability represented by compensation.