the role of lawyers in improving the rule of law in syria

The Role of Lawyers The Role of Lawyers In Improving In Improving

the Rule of Law the Rule of Law in Syriain Syria

BackgroundBackground

Syria has witnessed, during the last decade, tremendous Syria has witnessed, during the last decade, tremendous

changes at all levels towards developing and changes at all levels towards developing and modernizing the state’s infrastructure. However, many modernizing the state’s infrastructure. However, many extensive and structural legislative and administrative extensive and structural legislative and administrative reforms are still needed. Like other developing countries, reforms are still needed. Like other developing countries, the current challenging task for Syria is to improve the the current challenging task for Syria is to improve the rule of law in order to maximize the impacts of the rule of law in order to maximize the impacts of the economic development process, foster accountability and economic development process, foster accountability and transparency, and improve both the quality and the transparency, and improve both the quality and the quantity of its foreign direct investment inflows. quantity of its foreign direct investment inflows.

The AimThe Aim

This paper is particularly designed to This paper is particularly designed to answer the following questions: answer the following questions:

Do lawyers have a role in this process Do lawyers have a role in this process and what kind of role is it?and what kind of role is it?

How such a role can be enhanced to How such a role can be enhanced to improve the rule of law in Syria? improve the rule of law in Syria?

The Rule of LawThe Rule of Law

It is sort of legal-political regime under It is sort of legal-political regime under which the law predominant all the which the law predominant all the powers including the government by powers including the government by promoting certain liberties and creating promoting certain liberties and creating order and predictability regarding how a order and predictability regarding how a state functions. state functions.

Do lawyers have a role?Do lawyers have a role?

William Shakespeare, in his famous play William Shakespeare, in his famous play King Henry, says: King Henry, says:

““The first thing we do, let's The first thing we do, let's kill all the lawyers”.kill all the lawyers”.

Do lawyers have a role?Do lawyers have a role?

In his recognition to the role of lawyers in the In his recognition to the role of lawyers in the economic and social development in Russia, economic and social development in Russia, Professor Jeffrey Sachs, a leading economic Professor Jeffrey Sachs, a leading economic adviser to many governments in transition, has adviser to many governments in transition, has recently said:recently said:

““Russia doesn’t need economists.Russia doesn’t need economists.

It needs Lawyers”It needs Lawyers”

Why Lawyers?Why Lawyers?

Lawyers have direct personal interest in enhancing the rule of Lawyers have direct personal interest in enhancing the rule of

law as it will definitely contribute to increase their work law as it will definitely contribute to increase their work outcome. outcome.

Lawyers, in particular, are the most influential law device as Lawyers, in particular, are the most influential law device as they are the carriers, interpreters, and implementers of the they are the carriers, interpreters, and implementers of the laws due to the various local factors on the ground. laws due to the various local factors on the ground.

Lawyers are experts in the problems and pitfalls of current Lawyers are experts in the problems and pitfalls of current legislations and almost know how to cover them in practice.legislations and almost know how to cover them in practice.

Lawyers have diversified knowledge in different related fields.Lawyers have diversified knowledge in different related fields.

For all these reasons, lawyers with other legal human For all these reasons, lawyers with other legal human resources (i.e. judges, courts officials, legal scholars, and resources (i.e. judges, courts officials, legal scholars, and other people who are working in law field, can play essential other people who are working in law field, can play essential leading part in improving the rule of law in Syria. leading part in improving the rule of law in Syria.

Enhancing the Role of LawyersEnhancing the Role of Lawyers- Professional Aspects -- Professional Aspects -

Current code of conducts of Syrian lawyers need to be Current code of conducts of Syrian lawyers need to be structurally reviewed and amended to enhance the structurally reviewed and amended to enhance the role of lawyers to cover the ethical issues related to role of lawyers to cover the ethical issues related to the rule of law; like: the rule of law; like:

- The duty to maintain the rule of law and justice. Lawyers have The duty to maintain the rule of law and justice. Lawyers have

duty to obey the state’s laws and lead and encourage people duty to obey the state’s laws and lead and encourage people to obey and apply laws.to obey and apply laws.

- The duty to refuse to act for the clients in certain The duty to refuse to act for the clients in certain circumstances when the instructions lead directly or indirectly circumstances when the instructions lead directly or indirectly to breach the law. to breach the law.

- The duty to disclose clients’ information in certain The duty to disclose clients’ information in certain circumstances. circumstances.

Enhancing the Role of LawyersEnhancing the Role of Lawyers- Professional Aspects -- Professional Aspects -

- The duty to report the information they have to the The duty to report the information they have to the concerned authorities when the public interest is at risk? concerned authorities when the public interest is at risk?

- The duty to act in favor of public interest. The duty to act in favor of public interest.

- Setting up an effective mechanism to receive grievances or Setting up an effective mechanism to receive grievances or complains, disciplinary review board, and strict disciplinary complains, disciplinary review board, and strict disciplinary actions to deal with unethical behaviors or misconduct.actions to deal with unethical behaviors or misconduct.

- Establishing ethics office at the bar to develop and clarify Establishing ethics office at the bar to develop and clarify the code of ethics of the law profession and reply to any the code of ethics of the law profession and reply to any inquiry in this regard. inquiry in this regard.

Enhancing the Role of LawyersEnhancing the Role of Lawyers- Societal Aspects -- Societal Aspects -

Let us be courageous enough and frankly ask the Let us be courageous enough and frankly ask the following question: following question:

Do Syrian lawyers have a bad image in the Do Syrian lawyers have a bad image in the

society? society? To answer this question, I recommend To answer this question, I recommend

conducting a large scale empirical survey to conducting a large scale empirical survey to measure publics’ opinion in Syrian society about measure publics’ opinion in Syrian society about lawyers and the main reasons of this image and lawyers and the main reasons of this image and the possible ways to repair it. the possible ways to repair it.


Contributing to raise the awareness of the Contributing to raise the awareness of the public to understand their rights and their public to understand their rights and their responsibilities. responsibilities.

Engaging effectively in the legislation Engaging effectively in the legislation process including suggesting process including suggesting necessary amendments, drafting new necessary amendments, drafting new laws and in the public debate related laws and in the public debate related to.to.


Participating in providing free legal Participating in providing free legal services and contributing to increasing the services and contributing to increasing the access to justice by supporting legal aid access to justice by supporting legal aid and indigent defense services. and indigent defense services.

Engaging effectively in dealing with the Engaging effectively in dealing with the critical societal issues (like environmental critical societal issues (like environmental pollution, family disputes, etc..) and pollution, family disputes, etc..) and suggesting practical solutions to such suggesting practical solutions to such issues.issues.

Conclusion Conclusion

Undoubtedly enhancing the rule of law in Undoubtedly enhancing the rule of law in Syria requires the contribution of all Syrian Syria requires the contribution of all Syrian entities (both governmental and private) entities (both governmental and private) and citizens (both professionals and non-and citizens (both professionals and non-professionals). Indeed, as we have seen, professionals). Indeed, as we have seen, lawyers are qualified and have the duty lawyers are qualified and have the duty and the interest to play a leading role in and the interest to play a leading role in this challenging process and contribute in this challenging process and contribute in cooperation with others to make the cooperation with others to make the prosperous future of Syria. prosperous future of Syria.

the role of lawyers in improving the rule of law in syria

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