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The deontology of the lawyer and the professional practice of law
The lawyer in the strict sense is a professional empowered to exercise defense, consulting, resolve conflicts and give councils to a person in legal matters, offering solutions or options with an ever just just. In the book the soul of the toga, Ángel Ossorio Plasma what comes in the professional practice of lawyers law. While it is a book of a century of antiquity, it still is valid today, since it solidly exposes the exercise of law and the duty of the lawyer as a professional, and the way in which this profession must be taken with righteousness And vocation, without limiting itself to writing and without being called for greed and corruption. Ossorio explains how the lawyer rather than someone of laws and formal must be passionate and learn to bring the feelings with the profession.
Lawyers, as human beings who have natural knowledge, acquired by experience, well know how they should behave (with honesty and righteousness) and that is confirmed in their training process from school to the law career that they are studying or have already approved; Even so, some lawyers in the exercise of their profession take the choice to act in bad faith and dishonor their title, either by the temptation of money or for the lack of interest when defending a person for an unfair cause. (Therefore, I think that) Ossorio’s book leads me to an introspection of what the author wanted It is necessary to make an introspection of what is there. And the interpretation of what he expresses is what leads me to ask. What value does the lawyer give to his profession today?, Well, although this book of a century has been talking about the lawyer’s duty, which is why he is still in force, for the fact of teaching today, the way in which a lawyer with his behavior and actions can become deserving of that title and not simply be called a law graduate.
I think that the soul of the toga is a fundamental reading to avoid incurring the little value that some lawyers give to their profession and understand what leads both students or already licensed to the realization as professionals in law by appropriating the position that meets in the profession:
- The passion, the perception of the fair and unfair
- The management of feelings when the lawyer is in front of a case
- The awareness of the profession
- The responsibility for the permanent exercise of this
- The interior force that allows you not to be affected abroad and always trust your criteria
- Morality and reason
- The responsibility of keeping the professional secrecy before any circumstance
The above has already explained I can affirm that the soul of the toga more than the exercise of law speaks about the dentology of the lawyer, which this is what does the lawyer. Well, the lawyer should not only be limited to positive law or the theory learned, but can learn to understand the connection between the profession and feelings, those that suggest a fair purpose, also the need for permanent exercise (no eventual) of the profession and the implementation of all the above.
When Ossorio tells us about what a lawyer is, addition to all the concepts already treated, he tells us about culture in law as a determinant of professional training. As the author talks about a connection between the profession and feelings, gathering these he considers them an art; It can be interpreted that he then considers the exercise of law as an art, since the mission of expressing feelings and vocation by the profession is done through art. But to give the compact meaning to what is to be a lawyer in the full sense, you can never forget the experience, that as a human being that the lawyer acquired throughout life. Then, the lawyer is not only a lawyer for the university degree obtained, but is defined as the one who permanently exercises his profession and handles it correctly.
Although the author’s premises are ideal and many people are enriched by absorbing knowledge embodied in this reading, people who do not value being lawyers, who do not feel love towards the area in which they specialize and They make the practice of the profession a background activity, ignoring the duty of the profession and considering that the only thing necessary to be someone respectable is to have an academic title. It is evident that at present where everything is taken so informal and in general, the value of the practice of the profession is lost, in the same way the value of this is also lost when taking the exercise of the profession as an obligation by consider it a simple and boring work; Because they do not understand that law is a matter of passion, they do not protect themselves in the inner strength, since they constantly tend to doubt their criteria. People who act in this way do not deserve to be called lawyers, already Ossorio summarizes it in his book: “The lawyer has to check every minute if he is assisted from that inner strength that has to make him superior to the environment; And as soon as the city assails him at this point he must change ex officio ”, because a professional who works in this way cannot reach the feeling of justice that has a good man when with criteria and passion he exercises the right. Being a knowledgeable of law but not applying in the profession the experience of life and moral mind the feeling of fair and unfair.
The foregoing does not imply that law is not valued, already quite professionals that your profession is valued as the only thing in your life. To the type of lawyer I am referring to, with what I have concluded of what it is to exercise the profession correctly in the soul of the toga I have mainly found that the lawyer is passionate, but he must control that passion when he feels that he cloudy his criteria , you must learn to control that feeling that arises from defeat or triumph, without this implying acting with coldness, because the one that acts with coldness will not have in your mind the concept of the really just in your criteria; The balance finds him the lawyer when he is a passionate being who has learned to control his feelings at the time of litigation. It is also a lawyer who refrains from doing something illicit for a “good” purpose, this being something that I do not agree with Ossorio, being that he thinks that the end justifies the means, I understand that he at no time refers to the end As something illicit, but I notice in its reading the Machiavellian position that adopts. The professional who prepares to feel the situation of the other is also worthy of being a lawyer, because although he should not mix feelings they can be sensitized with the other, in order to know how to attend to the good of the other.
I expose another position from the author about what it is to be a lawyer, from which I differ great Not subordinate, as Ossorio says; To be done as an independent lawyer does not mean that the client does not attend or send it, I think the lawyer can be the means to find justice being an employee or independent and is free to the extent that he himself allows it, he is in him The decision of whom he defends and under what criteria he does, whenever he does his job with love and passion he will be someone free.
Speaking of what it is to be a lawyer I think that this should be a connoisseur of the general right. Being a connoisseur of everything, arrogance must who wins or whatever. What I have written is a thing contrary to what the author postulates, perhaps it is because of the time when he was when he wrote the book and culture that was at that time that he establishes that by defending a poor and losing his trial , the poor is the one who must be sanctioned. I do not differ so much in this position and in the position that the author has about the woman, since we are in different times and this postulate will not serve. I conclude with this position that I take in the face of what it is to be a lawyer, in what I agree and differ with Ossorio, to let it be embodied how I think that a lawyer must be, so that they deserve that they call it like this.