Reflection and Reconsideration of the Concept of "Place of Service" in Relation to Note (4) of Article (6) of the Law on the Quality of Obtaining an Advocacy License

Document Type : Original Article

Author

Assistant Prof of Department of Law, Ma.C., Islamic Azad University, Mashhad, Iran

Abstract

The freedom of legal representation is one of the essentials of citizenship rights, and restricting its position in legal regulations frustrates individuals and those entitled to legal representation. Despite the prevalent thought advocating for the removal of obstacles and limitations on professions and social services, the existence of professional prohibitions in certain activities, such as legal representation, is still observable. One such case is the prohibition of a judge from representing in their last place of service. A broad interpretation of the term "place of service" in some references, equating it with "judicial jurisdiction," has effectively limited the ability of former judges to practice and deprived community members of their legal services. From a legal perspective, the legislator has also considered the distinction between "place of service" and "judicial jurisdiction" by using the term "place of service." An examination of the background of Note (4) of Article (6) of the Law on the Quality of Obtaining a Legal License, as well as some legal foundations, confirms the semantic distinction between the two terms. This research, using a descriptive-analytical approach, explores the foundations of the restriction on legal representation in a judge's last place of service and concludes that imposing maximum restrictions on judges not only jeopardizes their livelihood but also does not yield beneficial results for the legal community and the elevation of citizenship rights.

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