International Standards on the Role of Defense Counsel - Revision history

Sbasaria at 21:28, 8 April 2012

2012-04-08T21:28:20Z

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	== Introduction ==		== '''Introduction''' ==

	In countries all across the world, defense lawyers fill a unique role in society. As advocates and protectors of those who need defending, we work tirelessly to ensure that justice is served. In our roles as attorneys, we are afforded rights and in turn must fulfill obligations. This role is defined in international treaties. Although there is no codified international law to look to in order to determine what these rights and obligations are, the Office of the United Nations High Commissioner for Human Rights has published “Basic Principles on the Role of Lawyers”.		In countries all across the world, defense lawyers fill a unique role in society. As advocates and protectors of those who need defending, we work tirelessly to ensure that justice is served. In our roles as attorneys, we are afforded rights and in turn must fulfill obligations. This role is defined in international treaties. Although there is no codified international law to look to in order to determine what these rights and obligations are, the Office of the United Nations High Commissioner for Human Rights has published “Basic Principles on the Role of Lawyers”.
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	== The Role of Lawyers in International Treaties and Instruments ==		== '''The Role of Lawyers in International Treaties and Instruments''' ==

	=== Charter of the United Nations ===		=== Charter of the United Nations ===
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	The full text of it can be found here: http://www.un.org/documents/ga/res/40/a40r034.htm.		The full text of it can be found here: http://www.un.org/documents/ga/res/40/a40r034.htm.

	== Principles in Practice ==		== '''Principles in Practice''' ==

	=== What do the Principles on the Role of Lawyers mean for me? ===		=== What do the Principles on the Role of Lawyers mean for me? ===
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	''<blockquote>In practice: You are an essential agent to the administration of justice. All lawyers work together to maintain the dignity and honor of the profession.</blockquote>''		''<blockquote>In practice: You are an essential agent to the administration of justice. All lawyers work together to maintain the dignity and honor of the profession.</blockquote>''

	13. The duties of lawyers towards their clients shall include: (a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients; (b) Assisting clients in every appropriate way, and taking legal action to protect their interests; (c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.~~</blockquote>~~		13. The duties of lawyers towards their clients shall include: (a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients; (b) Assisting clients in every appropriate way, and taking legal action to protect their interests; (c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.

	''<blockquote>In practice:</blockquote>''		''<blockquote>In practice:</blockquote>''

Sbasaria at 21:24, 8 April 2012

2012-04-08T21:24:31Z

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	''<blockquote>In practice: You are an essential agent to the administration of justice. All lawyers work together to maintain the dignity and honor of the profession.</blockquote>''		''<blockquote>In practice: You are an essential agent to the administration of justice. All lawyers work together to maintain the dignity and honor of the profession.</blockquote>''

	13. The duties of lawyers towards their clients shall include:		13. The duties of lawyers towards their clients shall include: (a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients; (b) Assisting clients in every appropriate way, and taking legal action to protect their interests; (c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.</blockquote>
	~~<blockquote>~~(a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients; ~~<br/>~~(b) Assisting clients in every appropriate way, and taking legal action to protect their interests;~~<br/>~~(c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.</blockquote>

	''<blockquote>In practice:</blockquote>''		''<blockquote>In practice:</blockquote>''
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	==== Guarantees for the functioning of lawyers ====		==== Guarantees for the functioning of lawyers ====

	16. Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.		16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

	''<blockquote>In practice: You should be able to perform your job without intimidation, hindrance, harassment or improper interference. You should also be able to freely travel and to consult with their country, both within and outside of the country. The government and lawyers should work together to ensure that the lawyer is not threatened with or subjected to criminal charges, administrative punishment or economic punishment due to actions he or she has taken in his or her role as a lawyer.</blockquote>''		''<blockquote>In practice: You should be able to perform your job without intimidation, hindrance, harassment or improper interference. You should also be able to freely travel and to consult with their country, both within and outside of the country. The government and lawyers should work together to ensure that the lawyer is not threatened with or subjected to criminal charges, administrative punishment or economic punishment due to actions he or she has taken in his or her role as a lawyer.</blockquote>''

Sbasaria at 21:21, 8 April 2012

2012-04-08T21:21:52Z

← Older revision		Revision as of 23:21, 8 April 2012
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	9. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.		9. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.

	''<blockquote>In practice: Lawyers must have appropriate education and training. They must be aware of the ideals and ethical duties of a lawyer. They must also be made aware of human rights and fundamental freedoms recognized by national and international law.		''<blockquote>In practice: Lawyers must have appropriate education and training. They must be aware of the ideals and ethical duties of a lawyer. They must also be made aware of human rights and fundamental freedoms recognized by national and international law.</blockquote>''

	10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.		10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.

	''<blockquote>In practice: You and your fellow lawyers must not be discriminated against regarding entry or furthering the practice of law. Discrimination is defined as: race, color, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth and economic or other status. A requirement that a lawyer must be a national of the country concerned is not considered discrimination.		''<blockquote>In practice: You and your fellow lawyers must not be discriminated against regarding entry or furthering the practice of law. Discrimination is defined as: race, color, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth and economic or other status. A requirement that a lawyer must be a national of the country concerned is not considered discrimination.</blockquote>''

	11. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.		11. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.

	''<blockquote>In practice: If there are groups, communities or regions whose needs for legal services are not met, special measures should be taken to provide opportunities to people from these groups to enter the legal profession and receive training appropriate to their group’s needs. This is especially true when these groups have distinctive culture, tradition or languages, or have been victims of past discrimination.		''<blockquote>In practice: If there are groups, communities or regions whose needs for legal services are not met, special measures should be taken to provide opportunities to people from these groups to enter the legal profession and receive training appropriate to their group’s needs. This is especially true when these groups have distinctive culture, tradition or languages, or have been victims of past discrimination.</blockquote>''

	==== Duties and responsibilities ====		==== Duties and responsibilities ====

Sbasaria at 21:20, 8 April 2012

2012-04-08T21:20:12Z

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Sbasaria at 21:03, 8 April 2012

2012-04-08T21:03:01Z

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Sbasaria at 06:20, 5 April 2012

2012-04-05T06:20:28Z

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-'''<big>Introduction</big>'''<br />  <br />
 In countries all across the world, defense lawyers fill a unique role in society. As advocates and protectors of those who need defending, we work tirelessly to ensure that justice is served. In our roles as attorneys, we are afforded rights and in turn must fulfill obligations. This role is defined in international treaties. Although there is no codified international law to look to in order to determine what these rights and obligations are, the Office of the United Nations High Commissioner for Human Rights has published “Basic Principles on the Role of Lawyers”. <br />
 The Basic Principles on the Role of Lawyers was adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in Havana, Cuba, in September 1990. They can be found at: http://www2.ohchr.org/english/law/lawyers.htm. The document refers to specific language within a variety of international treaties. The Principles were formed based on that language. This publication cites language from treaties and declarations that have been made and forms a set of principles to guide the practice of law in countries all across the world.<br />
 The purpose of this writing is provide an easy resource for defense attorneys about the role of lawyers. Part I will identify each treaty or instrument cited by the Principles, including quick facts about the treaty and which countries have signed on to the treaty. It will also analyze how each treaty links to ethics and the professional responsibility of lawyers. Part II will break down the Principles into simple-to-use language, along with ideas for practice.

Sbasaria: International Standards on the Role of Defense Counsel

2012-04-05T06:06:40Z

International Standards on the Role of Defense Counsel

New page

'''<big>Introduction</big>'''<br /> <br />
In countries all across the world, defense lawyers fill a unique role in society. As advocates and protectors of those who need defending, we work tirelessly to ensure that justice is served. In our roles as attorneys, we are afforded rights and in turn must fulfill obligations. This role is defined in international treaties. Although there is no codified international law to look to in order to determine what these rights and obligations are, the Office of the United Nations High Commissioner for Human Rights has published “Basic Principles on the Role of Lawyers”. <br />
The Basic Principles on the Role of Lawyers was adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in Havana, Cuba, in September 1990. They can be found at: http://www2.ohchr.org/english/law/lawyers.htm. The document refers to specific language within a variety of international treaties. The Principles were formed based on that language. This publication cites language from treaties and declarations that have been made and forms a set of principles to guide the practice of law in countries all across the world.<br />
The purpose of this writing is provide an easy resource for defense attorneys about the role of lawyers. Part I will identify each treaty or instrument cited by the Principles, including quick facts about the treaty and which countries have signed on to the treaty. It will also analyze how each treaty links to ethics and the professional responsibility of lawyers. Part II will break down the Principles into simple-to-use language, along with ideas for practice.