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Vəkillər Kollegiyası
The lawyers were instructed to' no less than 300 Manats'...
Lawyers in Azerbaijan are raising concerns over what they claim is an informal directive instructing them not to enter into contracts with clients for less than 300 Manats. The alleged communication, conveyed through calls rather than written instructions, has left some legal practitioners uneasy about the implications for their professional autonomy.
Insiders who have chosen to remain anonymous assert that the unwritten guideline poses a challenge, particularly for those attached to law offices. Lawyers not wanting to be identified stress that the directive applies primarily to those associated with law firms, as individual lawyers can still independently negotiate and finalize contracts with clients.
Speaking to Turan, lawyer Fariz Namazli argued that such an informal mandate lacks a legal basis. "There is freedom of contract; the parties can conclude an agreement on any conditions within the framework of the law and individually determine the price for it themselves. The price of the contract cannot be determined by any institution," Namazli stated, underlining the importance of preserving the autonomy of legal professionals in determining their fees.
Despite the claims, no written instructions regarding the alleged directive have been presented. Lawyers emphasize that the issue primarily affects those working within the structure of law offices, where contracts may require collective approval.
Efforts to engage law offices and The Bar Association on the matter have yet to yield results. Turan's attempts to gather insights from these entities were unsuccessful at the time of reporting.
Elshad Mirbashiroglu, a member of the Milli Majlis Committee on Human Rights, called for an official investigation into the matter. Mirbashiroglu, in an interview with Tuarn, insisted that without concrete evidence of an official decision, it is essential to verify whether such a request has genuinely been made. He cautioned against prematurely discussing the issue without a solid foundation, stressing the need for an ethical and professional perspective.
Meanwhile, Samad Rahimli, head of the Defender Legal Center, admitted in an interview with Radio Azadlig that he was aware of these statements, but expressed skepticism about their veracity. Rahimli argued that if such an unwritten directive exists, it is misguided, especially considering the economic challenges faced by the people of Azerbaijan. He highlighted that amendments to legislation in 2018 have already made legal assistance more challenging for low-income families, further compounding the potential consequences of an increased minimum contract amount.
As the legal community navigates these allegations, questions linger about the potential impact on access to legal services and the autonomy of lawyers in determining their contractual terms.
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- Economics
- 30 January 2024 15:14
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