People should have a family lawyer just like a family doctor/ tax evasion by lawyers is not true
Fars news agency community group: Insurance of lawyers and experts, the suspicion of tax evasion by lawyers, the society’s lack of acceptance of the use of lawyers in their legal and judicial affairs, cooperation between the lawyers’ center and lawyers’ associations, and issues related to official experts and family advisers, including the topics raised in the conversation with Hassan Abdulyanpour, the chairman. It is the center of lawyers of the judiciary, official experts and family advisors of the judiciary, which are detailed in the continuation of this conversation.
Fars: Do you have a plan for cooperation with other lawyers’ associations in the Judiciary Lawyers Center?
Abdulianpour: This cooperation can be in the two areas of lawyers and experts, fortunately, we witnessed an unprecedented event in the field of expertise, and the two sets of the Center of Official Justice Experts and the Center of Official Justice Experts of the Judiciary were brought together in the last year.
These two sets have many points in common; Therefore, many joint working groups consisting of these two centers, the Center of Experts and the Center of Experts, were launched.
There are 80 fields in the field of undergraduate studies, and the qualifications of experts under these fields must be defined. This requires increasing knowledge and synergy, which is currently being done with the center of official justice experts.
The experts exam was held in 1401 jointly with the expert center, this indicates that we reached a very good and promising point. We have many points in common in educational, scientific and practical knowledge-building issues and we can be together.
Also, in the lawyers’ department, we welcome cooperation with lawyers’ associations and declare our readiness for this.
During the last one year, tensions with the lawyers’ association have decreased, and the judiciary lawyers’ center is ready for any cooperation with these associations, and this good thing will definitely happen in the near future. We have many common points with lawyers’ associations, we hope we can share these common points together.
Fars: What measures have you taken to provide insurance for lawyers and experts? Why hasn’t the pension fund been set up in the Judiciary Lawyers Center?
Abdulyanpour: The insurance of lawyers and experts was one of my concerns when I was the head of Fars Province Lawyers Center, and now this concern still exists; This requires changing the views of lawyers and experts regarding the retirement age.
Maybe we have as many retired lawyers in the bar association – despite their age – as many as the fingers of a hand. Because lawyers have to hand over their license before retirement, this is a big obstacle.
If a lawyer retires after 30 years, he has only one pension; Meanwhile, when a lawyer retires, it is the time to use a lawyer’s thirty years of experience in the field of advocacy. If a thirty-year-old experienced lawyer takes on only two cases a year, he will earn tens of times his pension; Because he is an experienced lawyer and based on his experience, he is offered good cases, which is a big obstacle in the pension issue.
Recently, the Lawyers Association has received permission to deposit 2 thousand billion from its pension fund; This means that no one retires in the center and the capacity in this center remains unused; This is an important issue that many do not pay attention to.
Many lawyers seek to use insurance services during their practice. During the last two years, good measures have been taken in this regard, such as signing a memorandum of understanding with the social security insurance.
We have more than 40,000 lawyers in the Judiciary Lawyers Center, of which only 746 people registered for insurance. This lack of acceptance by lawyers leads to the loss of the insured and I give them the right not to fulfill their obligations.
Both lawyers and experts must be insured; Therefore, we have implemented a plan to ensure that at least trainees are insured. In this regard, we held good meetings with the Social Security Organization and, God willing, we will fix the deficiencies in the previous memorandum and provide good insurance services to our loved ones in the center.
Fars: Due to the inefficiency of the rest of the pension funds, have you not started a fund?
Abdulianpour: Perhaps this is one of the reasons for this, another reason is the lack of acceptance of retirement by lawyers.
We have made a person from the head of the Judiciary Lawyers Center responsible for the insurance issue. We have also requested our colleagues in the provinces to inform us of their plans and suggestions regarding insurance. With these measures, we hope that the insurance issue will be resolved at the beginning of 1402 and we will not have any more problems in this area.
Fars: How do you evaluate the quality of the training course at the Judiciary Lawyers Center?
Abdulianpour: Whatever we do in the field of education, we will be far from the ideal point and we will not reach the utopia.
Due to the approval and implementation of the Facilitation Law, we have recruited a large number of interns in 1401 and in 1402, a large number of interns will be recruited to the Judiciary Lawyers Center, as these people are in lower ranks in terms of education and knowledge. Therefore, it is necessary to follow their education in a more serious, extensive and specialized manner.
Our training commissions in the field of advocacy are active throughout the country. The commissions are hard at work and organize educational programs for lawyers.
Lawyers and experts find less time to study in the work process; That’s why we are seriously following up the issues related to knowledge enhancement. Internship in our center lasts 18 months. At this time, we are seriously following up the issues related to knowledge enhancement and training classes for these people.
During the last one year, we have held rare and good scientific meetings with the presence of prominent university and seminary professors as well as judges.
In the field of undergraduate studies, we have divided the country into 8 educational regions, and in each region, topics related to education are followed seriously. We have 80 undergraduate courses that are very difficult to teach.
Acquaintance of experts with legal education is one of the issues on the agenda. Experts’ familiarity with legal topics and concepts will be influential in their opinions.
Cost in the field of education is an investment. Therefore, a special budget has been set aside in the center for provinces that are not financially able to hold scientific meetings and training classes. Therefore, no region in the country lags behind another region in terms of education.
Fars: Some people believe that in the disciplinary courts of the Center of Lawyers of the Judiciary, lawyers are not found guilty and only their attorney’s fees are withdrawn. Is this view correct?
Abdulianpour: We are known as a license revocation firm, and they also say that the Lawyers Center only revokes licenses, I do not confirm this. We have good assistant prosecutors and we follow up on the discussion of training, increasing knowledge and updating the knowledge of assistant prosecutors and judges.
Before holding the meeting in the court, we have peace and reconciliation committees, in which 80-90% of the cases end in peace and reconciliation; Therefore, the low output of our courts is because the Peace and Conciliation Committee does its job well. The formation of these committees is one of the creative measures in our center.
The cases related to experts and lawyers are seriously pursued in the court. A lawyer or an expert who we feel has committed a violation will be punished based on the violation found, and many times it will lead to the revocation of the license.
Fars: Why has no statistics been published regarding the number of violations by experts?
Abdulyanpour: This is not confidential and we can publish the statistics. But this statistic is not as much as some people think. I consider myself obliged to protect people’s rights.
One of the reasons for the increase in complaints from lawyers or experts is that citizens can complain to a lawyer or expert from their homes and there is no need to visit in person. Many of these complaints are false; Because easy access to filing complaints has led to an increase in the number of complaints from lawyers and experts.
In this matter, our experts are very oppressed. In cases that fail, lawyers encourage their clients to sue the expert. This complaint becomes a document for the lawyer’s subsequent claims. Many of these complaints are caused by mischievous lawyers.
Fars: Why is the internship period of family counselors still not finished?
Abdulianpour: In the past, the work area of family counselors was only in divorce, which led to many family counselors not having enough motivation to get a license. How many divorce cases are there in the province or city during the year?
Therefore, we designed a request with the coordination of the legal deputy of the Judiciary and several meetings were held to increase the competence of family counselors so that they can receive cases in other areas such as dowry and alimony along with divorce cases.
If someone requests divorce, alimony, and dowry today, he should refer to family counseling. This issue is one of the things that has created the attraction of obtaining a license for family counseling offices.
In some provinces, we were faced with a shortage of family counselors, and on the other hand, holding a test related to this issue had special conditions that were time-consuming. Therefore, at one point of time, our supervisory board, which is the highest supervisory body in our center, took the decision to recruit people without an exam in some provinces. For this reason, we recruited people who were educated in fields related to family and psychiatry after carrying out the necessary selection and interviews.
The prolongation of the process is due to the fact that it is not the same as the legal process, which can be completed in just a few years in the field of law and Shariah issues. We want family counselors to be aware that they have a very difficult and important job.
Unfortunately, the divorce statistics are alarming. In big cities, one out of every two marriages leads to divorce, and in big cities, one out of every three marriages leads to divorce, and these statistics are very terrible. In many provinces, especially the smaller provinces, there is more agreement between couples, and in cases that are followed up by family counselors, the amount of agreement between couples has increased up to 70%. In other words, 70% of family counselors’ cases end in peace and compromise.
That’s why we say that quantity is not a criterion for us, but quality is important. That’s why we look for meritocracy in our selections. That is, it is not just that people holding a certificate and license hold 6 counseling sessions with a couple or couples without any results.
The output is important for us and that is why the selection process has been prolonged. It should be mentioned that we are trying to hold the exam for family counselors in 1402. We have approximately 2,600 family counselors across the country.
Fars: Are there any statistics on lawyers’ tax evasion? Have you been given a report on this?
Abdulianpour: I believe that lawyers have the highest and most timely tax payments.
According to the law, a certain percentage is given to the set of entities that assist and collect taxes in the way of receiving taxes. Therefore, until the tax settlement of experts, lawyers and consultants is submitted to the center, their case will not be extended. I don’t think that any of the institutions will oblige all their sub-categories to settle their tax accounts every year.
I think that we do not have tax evasion in our collection. The power of attorney has a specific form. On the other hand, all processes are electronic and it is not possible to tamper with them.
Our loved ones pay their taxes and so far we have not faced the issue of tax evasion. In this regard, there has been no correspondence with us from the Tax Affairs Organization.
Fars: Due to the increase in the recruitment of trainees, has the per capita number of lawyers in Iran decreased?
Abdulianpour: Per capita has not changed much. In 1401, according to the Facilitation Law, we have attracted 1,600 people. This figure is not very high!
The culture of advocacy and the use of lawyers must be institutionalized in the country, and we must have a family lawyer as well as a family doctor. Families must consult a lawyer before concluding any contract and any action that may have legal consequences.
Many real estates state in their professional advertisements that “the contract is drawn up by a lawyer” this indicates that people welcome this issue; But the culture of using a lawyer should be institutionalized in the country, and people should know that if they pay an immediate fee, many possible damages will be avoided in the future.
For example, they sign a contract on an A4 sheet and add some content in the margin of the A4 size; While this annotation is against the law.
Also, if the condition is mentioned in the contract without specifying the time, both the condition and the contract are void. But how many contracts with these defects are signed in a year?!
Therefore, the culture of using a lawyer should be institutionalized in the society and all people should use a lawyer.
In this regard, we presented a plan to the parliament. 90% of people who go to court do not use a lawyer, 70% of them have the ability to use a lawyer, but the remaining 30% do not have the financial ability to use a lawyer.
We have committed to allocate 30% to this lawyer without receiving any amount. This leads to a reduction in the delay of proceedings.
The volume of incoming cases to the judicial system and courts is one of our most important problems. Unfortunately, in some branches, 300 cases are processed every month. Increasing quantity leads to decreasing quality.
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