Solicitors of justice administration are considered
as very important members of justice in the current judicial system of
the world. And the state of their responsibilities has been defined in
all developed judicial systems due to their specific position.
Solicitors make determinant decision in the court of
law on behalf of the clients and of damages resulting from any mistaken
decision and ineffective measures.
In the judicial system of Iran, by virtue of the
ancient civil law, the dominant system on civil court procedures and
ancient analysis of causality, the solicitors shall be immured in case
of their occasional negligence as well as the occurrence of damage.
The element of civil responsibility is less
recognized in relation to the contract obligation, in the judicial
system existing in Iran.
As a result, by investigating the claims of civil
responsibility, dispute parties shall face some problems.
In this study, by investigating the common law
specially the law existing England, we shall to encounter professional
reliability that has no former record statute and jurisprudence.
In English law, some specific jobs including
solicitors in justice administration are considered as professional jobs
that their holders are expected to perform more cautiously in society.
So the law giver shall consider the default presumption in case of any
occurrence of negligence.
In this syudy by taking advantages of English law
system, the law in Iran shall be investigated and the deficiencies and
losses of statute in the field of civil responsibility born by the
lawyer shall be stated.