Lawyer’s Day – Diario El Centro

Diego Palomo, lawyer and academic at the University of Talca.

We live in times when the role of lawyers is not always well understood by Society. On many occasions, this incomprehension is unfair and undeserved, since lawyers rigorously fulfill the role that they have to assume institutionally, to ensure, to cite an unpopular example, that a person found guilty of committing a crime or crime receives the punishment that they deserve. corresponds to it in accordance with all the conditions and variables contemplated by the law (read, as an example, the eventual concurrence of several mitigating circumstances and no aggravating circumstances).

In other procedures, they are often disqualified in the sense of pointing out that they only seek to delay with maneuvers contrary to good faith or directly with their actions with abuse of the process, everything that threatens the speed and justice of the decision. But when this criticism is formulated in generalized terms, it is unfair, since there are many legal professionals who act within the process, respecting the rules, legitimately defending the interests of their client, and through adequate preparation of each of their actions, they pave the way. to a decision that is adopted with the highest quality information possible. That is why we must be alert to those cases where some judges exceed their management powers and end up affecting the proper development of the lawyer’s professional work.

In addition to the above, lawyers have had to go through and evolve alongside the changes brought about by the reforms to justice (which have imposed the general rule of oral hearings) where the (in)competences of form and also substance are evident. from very early. This has forced them to train, to reinvent themselves, in tune with the changes, modifications that even mutated the way legal studies are organized, for example, through specialization. There is, of course, a group of lawyers who do not undertake their work with the rigor and seriousness that is required, as evidenced by their written or oral presentations, both before the basic courts and before the superior courts.

It is essential to put a stop to actions that conflict with procedural good faith, a task in which the courts have a fundamental role, as does the Bar Association (although its influence has decreased since the new generations of lawyers do not associate). We should not wait for the intellectual and ethical decadence of a group to spread and become the general rule, for which reason it is not advisable to ignore what Calamandrei pointed out in 1921 in his work “Too Many Lawyers” warning about the high number of Law Schools. and lawyers, which had ended up lowering their moral and intellectual standards. Not taking charge of this problem is giving up on the protection of freedom, fundamental rights, and the largely “public” function that they are called to fulfill, Calamandrei concluded, which is valid to this day.

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