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IRANIAN BAR ASSOCIATION(Page 1)

Main Index
Index:

IRANIAN BAR ASSOCIATION
  * Historical Survey
  * Bar Association Today
  * The Organization of the Bar Association
  * Innovation
  * Connection with Judiciary
  * A Glance and approach to the future
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  * Historical Survey

        





Iranian Bar Associations Union

International
Bar Association

Iranian Central
Bar Association


Paper


Newsletter
        


Library


It has been said that records and history of attorneyship profession is equivalent to history of mankind , and antiquity of attorneyship in civil affairs within Islamic laws and norms stretches further back to l400 years ago . In this Concept Iranian 90 years of claims attending by the attorneys can not be considered as having a long and ancient history .

But what it can be said decisiveness is that emergence of modern laws in Iran evolved concurrently with prevalence of Attorney claims management as a fully recognized and serious phenomenon within the society

Prior to Iranian constitutionalism Revolution ( year 1903 ) claims were attended and resolved by religious clergymen and scholars , i . e . certain individuals being not bounded to special laws and formalities attended defending of the individuals at Religious Jurisdiction courts .

In year 1866 the First “ Laws expurgation Commissions “ , being responsible for compilation of new and up dated laws through translation of foreign laws , was established in Iran .

This Commission , in year l911 , issued First Charter in connection with attorneys which by its virtue attorney were held liable to take part in certain qualification examination and upon success certificates were conferred upon them .

Reviewing attorneyship history in Iran shows that developmental trend of
laws and by laws as related to this profession inclined and tended towards Independence .

In l952 this independence , during Prime Ministry of Dr . Mohammad Mosadegh ,
He signed the bill of independence of the Iranian Bar Association , and such status was nearly completed .

Subsequently this Bill was ratified by the Iranian Parliament . After victory of the Islamic Revolution in Iran Independence of Bar Association was suspended for a duration of 18 years , during which government appointed a supervisor for the Bar Association .

In year l997 by approving modern laws once again board of directors was appointed for administration of Iranian Bar Association thus commencing a new independence era .

These days in Iran we have 11 independent Bar Association and about 12 , 000 attorneys and trainee`s are their members and associates .

These Bar Associations are classified according to their Iranian territorial status as follows :
        + Centeral Bar Association ( Metropolitan )         
        + East Azarbaijan & Ardebill Bar Association
+ Fars , Bushehr & Kooh - Kiloyeh and Bovir Ahmad provinces Bar Association
        + Khorasan province Bar Association
        + Esfahan province Bar Association
        + West Azarbaijan & Kordetan provinces Bar Association
        + Gilan province Bar Association and Bar Association
+ Mazandaran & Golestan Bar Assocication
+ Ghazvin & Zanjan Bar Assocication
+ Kermanshah & Ilam Bar Assocication
+ Khuzestan and Lorestan Bar Assocication
+ Hamedan Bar Assocication

The problem that Independent Bar Associations are now facing and encountering , is a Bill which is instituted for ratification . By virtue of this Act Judiciary sector is authorized and empowered to issue certain type of attorneyship License . Bar Associations are in the opinion that issue of such licenses by the Judiciary , taking into account the fact that every year same authority must extend their validity , revokes freedom of action from the attorney . In principle Bar Associations are in opposition with this phenomenon that judicial prosecutors ( persons assigned to follow up and issue verdicts ) and those individuals who have undertaken defending of accused persons are both related and affiliated to one Organization ie . Judiciary . They consider this condition as being in contradiction to people ’ s “ Defense Right “ which has been foreseen and guaranteed by provisions already stipulated in 35th article of Iranian Constitutional laws .
This issue is still being pursued .
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  * Bar Association Today

Attorneys at law will appoint Bar Association ’ s board of directors by their direct ballot , and likewise board of directors shall appoint president of the Association .

The attorneys at law pay all of the Bar Association ’ s administrative expenses and this association does not receive any financial aid from the government .

Joining this profession is possible through successful passing the prescribed matriculation examinations , and passers will undertake a 18 months duration training course under direct supervision of the Bar Association and finally they will participate in one of the Most difficult examinations held in Iran .

During training course candidate is required to write a thesis and take part in speech sessions and also attend court hearings .

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  * The Organization of the Bar Association

Metropolitan Bar Association constitutes various divisions which are elaborated as hereunder in synopsis format :

1 . - Board of directors which is Bar Association ’ s decision maker and administrator , are appointed by the attorneys then board members will subsequently designate Bar ’ s Chairman .

2 . - Public prosecutor , public prosecutor ’ s offices , and disciplinary courts being liable to legally follow up and punishing offender attorney , shall proceed their jurisdiction up to cancellation of attorney ship License .

3 . - Legal aids division , which its scope of responsibility is offering free of charge legal consultation to all referrers ( regardless of their financial abilities ) and designate “ assisting attorney “ to those individuals whose financial inability have been proved ( in Civil laws ) .

4 . - Training commission is liable to implement primary nominations , then organize and carry out 18 months duration training , and finally supervise holding of final examinations for attorneyship trainees .

5 . - International Relations Commission .

6 . - Public Relation commission out of which two Informatic and welfare committees are subdivided .

7 . - Commission on court appointed power of attorneys . Its scope of duties are introducing court appointed attorney for poor accused persons ( division for offering ligal aids implements these works in connection with civil laws ) .

8 . - Commission for protecting attorneys . This division takes appropriate actions , in cases where an attorney is somehow subject to an offense or illegitimate attack , for protecting same attorney .

9 . - Commission in legal affairs , which responds to attorney ’ s problems and inquiries for resolving their legal issues .

10 . - Inquiries Commission which is responsible to respond to board of directors questions and ambiguities .

11 . - Special commission for implementing verification and investigation about ethical and past resume status of trainees and candidates who shown intention of entering attorneyship profession ( former judges , employees having past legal careers and Judicial Army officers ) , i . e . prior to issue practicing licenses for them .

12 . - Supervisory commission , and Art . 55 : This commission is liable to Extend supervision on performance of attorneys and trainees , even after issue of attorneyship or training licenses . Also obligated to campaign against those pretentious persons attending attorneyship , and also middlemen and generally campaign against those who are engaged in attorneyship practices without having legal license .

13 . - Publication Commission : This commission is liable to publish Bar Association ’ s Magazine , and internal news publication as well as publication of books and other literatures related to the Bar Association .

14 . - Loan Commission : After several years of discussions and debate finally in year l977 the law for formation of Fund under title of : Attorney Protection Fund was ratified and its executive directives and regulations was compiled some years ago .

After many years attorneys of the Justice department possessed Insurance and Retirement schemes , being insufficient but it is useful . This Fund which its financial resources have been / are furnished by the Judiciary ’ s attorneys , grants loans for allocation and purchase of practicing office premises , and/ or loan to be used in emergency and necessary cases and states .

15 . - Promotion Commission : This commission is attending certain cases where an attorney , as results sustaining punishment , is condemned to rank descending thus loses the competency for interfering in certain courts . After several years such persons can appeal for restoration of their former status . Also certain attorneys from old generation ( being 2nd . & 3rd . Class Attorneys ) shall be entitled and allowed to apply for their rank ( Class ) promotion . Promotion Commission is dealing with status of such persons as elaborated above .

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  * Innovation

Present board of directors of Metropolitan Bar Association can take appropriate actions , taking into account social and scientific development and advancements and while considering modern day ’ s necessities , for organizing and holding these educational /training classes in such areas as ; English Language , Computer Orientation , Internet , and other legal specialty courses in those areas which these days are mostly required and well received by the Bar Association .

Also board of directors has tried its best efforts and endeavors , despite having financial and practicality obstacles , to promote establishment of International relations and communication with relevant organizations such as IBA , and Bar Association of other countries .

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  * Connection with Judiciary

Although Bar Association is an independent entity , but from certain aspects has close connection with the Iranian Judiciary :

1 . - Determination of required number of attorneys for each region is at discretion of a special commission in which Judiciary has majority membership in it .

2 . - Revising verdicts issued by the Attorneys Disciplinary courts is only by judgement of the Judges Supreme Disciplinary court . Also revealing competency for membership at board of directors of Bar Association must be approved by such above stated court . Majority of attorneys do not agree with above stated two cases , but anyway currently laws prescribes these procedures .

3 . - Change of executive directives on the Bill for independence of Bar Association and law ratified in l997 is allocated to the Judiciary .

4 . - Certain Judiciary Authorities are entitled to appeal for revision on verdicts issued by the Attorneys Disciplinary court , and also have rights to demand suspension of the attorney .

Anyway , what is evident is , there should be a healthy and constructive relationship amongst Bar Association and Judiciary body for establishment of mutual understanding , but away from dominance , ALL in such manner that independence of the Bar Association and attorneys being affiliated to it would be infringed .

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  * A Glance and approach to the future

Bar Association hopes to be able , in connection with specialized education and up dating information and knowledge of its members , to JOIN worldwide information networks , and have potent presence and participation in International markets of rendering legal services .

Iranian Bar Association is decisive to establish solid and continuous communication with other attorneys worldwide , and exchange views with them , and finally promote and teach culture of attroneyship on National level and take up more expedited strides in these areas , and for accomplishment of these scope of objectives expects assistance from world ’ s attorneys and their Bar Associations , and any other relevant International Organizations related to practice domain of the attorneys .

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