Rule of law and efficient performance of the profession of legal advisor Cover Image

Rządy prawa a sprawcze wykonywanie zawodu radcy prawnego
Rule of law and efficient performance of the profession of legal advisor

Author(s): Przemysław Kaczmarek
Subject(s): Constitutional Law, Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: the rule of law; the profession of legal adviser; moral responsibility; causation; impeccable character; guarantee of proper practice of the profession of legal adviser

Summary/Abstract: This article is an attempt to address the question of why the category of causal action in practicing the profession of legal adviser warrants emphasizing. This task is accomplished by presenting the legal adviser’s professional practice in terms of causation. The practice can involve either the exclusion of causation from the legal adviser’s actions, or their causal conceptualization. In the first case, the actions taken are not one’s own, but those of an institution, and therefore do not entail responsibility. On the other hand, in the second case causation is ascribed both an institutional and a subjective dimension. In this article, the author tries to defend the position that assumes the causal conceptualization of practicing the profession of a legal adviser. With this purpose in mind, firstly, the potential consequences of excluding causation from action are pointed out. The said consequences are discussed in a social as well as institutional context. Secondly, the paper emphasizes the statutory definition of impeccable character and the guarantee of proper practice of the profession of legal adviser.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 163-182
  • Page Count: 20
  • Language: Polish
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