Fundamental Legislative Innovations in Disciplinary Violations of Attorneys

Abstract

Most members of society are aware of the rights they possess; however, the problem lies in the fact that they do not know how to vindicate those rights when they are violated, or, despite being aware, they are unable to reclaim them. This phenomenon—namely, the enforcement of rights—is a technical and specialized matter that is carried out by professionals, namely attorneys. Given that the conduct of attorneys is directly or indirectly connected to people’s life, property, honor, and reputation, the sensitivity of this profession becomes even more evident. This very sensitivity has historically allowed the disciplinary institutions of bar associations, in cases of deficiency or ambiguity in the legal provisions governing attorneys, to fill legislative gaps based on unwritten professional norms through codes of conduct, circulars, and the establishment of disciplinary practices. The significance of this role, along with the efforts and dedication of earlier generations of attorneys, ultimately led the legislator, in the Executive By-law of the Legal Bill on the Independence of the Bar Association adopted in 2021, to adopt a legislative policy capable of addressing many contemporary needs. Consequently, this by-law contains notable innovations, the identification, examination, and analysis of which—specifically within the scope of disciplinary violations—constitute the subject of the present article. The research method is descriptive-analytical, and the study has been conducted using library-based sources.