Black circumstance

Black circumstance

Judge Eyad Muhassen Dhamed

2018-10-21 10:36:00

In Egyptian series named(Black Circumstance ), the actor Salah Abdullah plays the role as a criminal lawyer, his name is Saleem Derbalh. He appeared in a scene lecturing the students of a college of law. This scene focuses on a sentence which is(if you want to be a criminal lawyer  , you have to  be a loiterer  and doubt the judge in every evidence submitted  against  your client and then a student asked a question, if the accused is guilty, shall I defend him? Saleem Derbalh replied , yes, you shall. Here, the response by the student is  in this case he will violate his conscience . Salem replied if he thinks in such way , he will never success in his career .

This scene raises an argumentative question, which is in mind of every  lawyer and everyone close to its atmosphere, may a lawyer accept any case even though he/she knows that his /her client has committed the criminal offence or the client may be a terrorist or thief or  does not has  any right in civil or legitimate cases.

In my opinion, the issue is based on two points which are the ethics are imposed by the legal profession and the personal manners are imposed by the conscience of the lawyer. The international agreements of human rights and many of constitutions of the countries provide a lawyer , whether is  agent or is assigned at the expense of the state treasury, for every accused . The procedures will not be legal if there is no lawyer. Nevertheless  the accused is  an ex-con  and the evidences are enough to convict him  or he is a good man since the common sense and the ethic of the legal profession do not prevent any lawyer  to defend the accused.

Problems arise in this regard with accused of crimes against their people such as Saddam Hussein and tried with him and Hosni Mubark and members of his government when the defending  them  by the lawyers raised public  and professional anger since  the lawyer stands with enemies of the people . Here I want to point out that such issue related to the lawyer himself since the code of professional conduct for lawyers doesn't prevent the lawyer to defend  an accused with a certain  political or intellectual orientation but the lawyer can , his own, apologize for entrusting an accused who differs politically or intellectually from him because of his personal controls and ethics.

In this context , the constitutional jurist, Noor Farhat, says that law is a profession of relief and not a profession of opinion and who asks the lawyer to defend  special faction or a group   as who asks a doctor to treat a patient without another. In America, the professional profession of law has established that the lawyer knows only one person in this universe , his client and he has to rescue him even though this leads to harm the rest parties of the case. All these examples show the professional ethic is established by  law, may be do not come in line with lawyer's belief personally . The professional ethics may grant   larger   spaces and areas than these of the personal beliefs of the lawyers . This appears clearly in  dialogue, in the scene that I mentioned at the foreword of the article, between Saleem Derbalh . the experienced lawyer who believes just in his client and the law student who fellow his personal conscience and self belief. The lawyer shall be away from the faking of facts and the manipulation of  evidence , all these practices do not suitable for this long-standing  profession and all bars in the world has consistently  monitored and punished those who practice them since they abuse the profession and prevents the running the justice according to its correct approach.




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