Strukturalne uwarunkowania postawy nieufności w wykonywaniu roli zawodowej przez przedstawicieli wybranych prawniczych zawodów zaufania publicznego
Structural Determinants of the Attitude of Distrust in the Performance of Professional Roles by Representatives of Selected Legal Subprofessions of Public Trust

Summary/Abstract: The purpose of this article is to highlight the determinants that may foster an attitude of distrustin the performance of professional roles by representatives of selected legal subprofessionsof public trust. The legal discourse on trust assumes that its direction runs from individualsas subjects of trust to representatives of legal subprofessions of public trust as recipients oftrust. The article focuses on situations in which this direction is reversed, i.e., in which thelatter adopt an attitude of trust or distrust. In the case of lawyers, the attitude of trust/distrusttowards the litigation opponent, the court, and their own client is the subject of analysis. Theanalysis consists in applying the definitions of trust, distrust, and their degrees as formulated inthe literature to certain situations, some of which are normatively designated. This is the caseof litigation, because it can be considered a structural factor that influences maintaining a formof distrust. The distrust of a professional lawyer towards their opponent is also structural in thesense that it certainly concerns the role, but not necessarily the particular person performingthat role. Lawyers’ trust in the courts is conditioned by their professional experience, yetempirical research in this regard is needed in this professional group. The third categoryof addressees of lawyers’ trust/distrust are their clients. This relationship is characterizedby limited trust due to the unpredictability of the clients, their lack of ability to extract legallyrelevant facts, but also their deliberate reluctance to disclose all the facts of the case. Thelast part of the article analyses the extent to which the role of the judge can be portrayed asa distrustful subject. In addition to the demand for cognitive criticism, the article attemptsto explain the attitude of procedural formalism precisely by limited distrust.

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