به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، دانشکده حقوق، دانشگاه علم و فرهنگ، تهران، ایران
کلیدواژهها
موضوعات
عنوان مقاله English
نویسنده English
Just as attorneys, as one of the two wings of the “angel of justice,” facilitate the protection of rights, they may also deviate from their essential mission by filing frivolous litigations. This raises an important question: what disciplinary sanctions may be imposed on an attorney who files a frivolous litigation? Can such conduct be regarded as a disciplinary offense, thereby subjecting the attorney to disciplinary sanctions? Addressing this question within the legal systems of Iran and the United States (Federal), using a descriptive–analytical method and relying on library-based sources, is the central aim of this paper. After examining the concept of frivolous litigation and tracing the historical evolution of disciplinary sanctions to it, the study concludes that, under Iranian law, filing of a frivolous litigation with bad faith by an attorney may result in suspension for a period ranging from three months to two years, demotion in professional rank, removal of the attorney’s license, or even disbarment. Under U.S. federal law, however, once mere negligence (rather than bad faith) in filing a frivolous litigation is established, a broad range of disciplinary sanctions such as reprimand, suspension, or disbarment may be imposed.
کلیدواژهها English
