Solutions to Remove Interferences and Supervisions Inconsistent with the Independence of the Legal Profession in Light of International Mechanisms and the French Legal System

Abstract

This article examines the challenges and interferences facing the independence of the legal profession in Iran and presents solutions to strengthen it through a comparative approach to the French legal system and international mechanisms. The results of this research, which has been conducted using an analytical-descriptive method and document-based data collection, show that the independence of the legal profession, as a fundamental element in ensuring fair trial, faces numerous obstacles in Iran in both legislative and non-legislative areas. Ambiguities and contradictions in related laws, interference of state institutions in managing the Bar Association, lack of clear criteria for entry into the profession, sudden managerial decisions, improper interaction between the judiciary and lawyers, professional discrimination, and lack of job security are among these challenges. In contrast, the French legal system offers an efficient model by emphasizing the self-management of the Bar Association, the independence of the lawyer in defense, and strong protective laws. From a global perspective, international organizations such as the United Nations and international bar associations play an important role in overseeing and supporting the independence of lawyers worldwide. Adhering to their regulations and increasing interaction with them could be a significant step in this regard. Therefore, solutions such as: reforming laws and regulations, strengthening the independence of the Bar Association, ensuring job security for lawyers, improving interaction between the judiciary and lawyers, raising public awareness, and utilizing international experiences to improve the legal profession in Iran, will ensure the reduction of inconsistent interferences.