What does independence mean for a lawyer?

Lawyou — viernes, 26 de febrero de 2021

The independence of the lawyer implies instruments and means to achieve excellence in his profession.
This independence is a deontological principle of the lawyer, which gives him certain respect with respect to the client and society.This independence is configured as a requirement of the rule of law for the defense of the rights of citizenship. In this sense, it is a right and a duty for the lawyer, to advise and defend the interests of their clients while maintaining their independence from all kinds of interference and against their own and others’ interests.

This principle empowers the lawyer to reject the matters that he/she considers that he/she cannot take charge of them while preserving his/her independence.
Another characteristic of this independence is that the lawyer is forbidden to practice professions that are limiting or incompatible with the practice of law, as well as to associate or collaborate with other professions with which the practice of law is incompatible.

In Lawyou we know the importance of independence for the lawyer, and our actions are aimed at reinforcing it; in fact, all our lawyers are prestigious independent professionals.

Independence has several connotations that differentiate it from the other principles of the legal profession:

  • Difference between the principle of independence and the principle of professional freedom of the lawyer: the independence of the lawyer has a negative dimension by not allowing any outside interference, pressure or pressure, on the other hand, professional freedom has a positive dimension, in that it grants the lawyer full autonomy in making decisions on the form and content of his professional work.
  • Difference between the principle of independence and the principle of impartiality: the principle of impartiality implies the duty to remain outside and external to the conflicting interests, a characteristic that is incumbent upon Judges and Courts; on the other hand, lawyers cannot be impartial, but must be independent and partial, acting in favor of their client, defending him subject to the limits established by the legal and deontological rules.

The principle of independence entails a series of incompatibilities for the practicing lawyer:


  • He may not practice his profession as a lawyer when he is immersed in a cause of incompatibility.
  • May not maintain professional links with positions or professions incompatible with the legal profession that prevent the proper exercise of his profession.
  • May not hold public offices or functions at the same time as being practicing lawyer.

A lawyer who is affected by any incompatibility shall communicate it, without excuse, to the Governing Board of the Bar Association and shall immediately cease to hold office as a lawyer.

If he/she does not resign in writing from his/her profession as a lawyer within 30 days, it shall be understood that he/she has been discharged from such profession immediately. The termination of the legal profession for being immersed in a cause of incompatibility constitutes a very serious infringement, regardless of the other responsibilities that correspond to him.

In Lawyou we help our lawyers to practice their profession in an easier and more efficient way preserving their independence from their clients, without depriving them of the power to provide their profession freely and independently.

If you want to know how to strengthen your independence with Lawyou, write us at info@lawyoulegal.com or call us at 602 226 895 and we will be happy to assist you.

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