Advocacy: Should we build on what has been built or start from scratch?

I notice in many speeches by leaders of the association and of politics in general that they expel the phrase “we are going to build on what has been built”.- And here I allow myself to make some reflections:

Is it always possible to build on what has been built or will our legal policy fit the doctrine of the fruit of the poisoned tree?

Is there an ancient structure from which a current result cannot be extracted according to modern law? I think in most cases yes.

The Public Bar Association of the Federal Capital (today the Public Bar Association) was born in 1985 through Law 23,187 to govern the registration of lawyers who practice in the Federal Capital, has the disciplinary power and the defense of its members, must ensure their dignity and strengthen harmony among them; lawyers are supposed to be equal in treatment and respect to magistrates (art. 5 of the law).

As legal professionals, who choose this profession as a way of life, we find ourselves in the permanent need to seek strategies that allow our work not only to grant us the prestige that comes with holding said title and registration, but also to give us the dignity we deserve as workers and operators of the law.

We cannot lose sight of the fact that from the moment the profession was born and then the association, years have passed and many modifications have arisen, even with great incidence of technological advances that force us to think of new ways of advocating and therefore both the task of the Public Schools, will not only be subject to new controls and actions, but also, to work from a more active role in the accompaniment of colleagues, whether or not they are new, because changes affect those of us who already exercise from a long time ago and not only pose an action scenario to those who have just started.

We had to grow up in a time of extremely lonely professional practice, with difficulties in accessing the job market, with many obstacles to independent practice.

This is how we have had the paradigmatic task of turning the legal profession into a collaborative profession. A path that we have already begun to travel and where we have verified that collective and empathetic actions towards colleagues are those that not only mutually enrich those involved, but also have a strong positive impact on society.

This is because our profession allows us to develop skills that don’t start and end with defense. We can teach, write works, and bring information to citizens, trying to change the focus of our task that is not only reduced to acting as a litigator.

We are facing a constantly changing society, where each step opens more ranges of rights and duties, therefore, from the College, the training of the colleague must be constant and updated.

We must ensure that the enrolled men and women find in each College the guidance and accompaniment that helps them achieve the professional and economic stability necessary for a dignified life.

In short, a sea of ​​questions to rethink professional practice and membership.

Undoubtedly, among all colleagues we have the obligation to take the post left to us by those who preceded us, but yes, with the changes and vicissitudes of the profession today.

We have to build a new legal profession and therefore a new institution that represents us.

PERICLES (494-429 BC) was the first lawyer in history, a great orator who eloquently resolved the cases of those who came to his aid.

One of his phrases comes to mind when we talk about freedom in the exercise of our profession:

-“Happiness is in freedom, and freedom in courage.”

And I do not want to fail to mention two great philosophers, Saint Thomas Aquinas and Aristotle:

Saint Thomas Aquinas said: “The root of freedom is found in reason. There is no freedom except in the truth”.

Aristotle:

“Happiness does not consist in having many things, but in appreciating what you have”

And that is what we have to do, when it is worth it, appreciate what we have and work on it to continue evolving.-In other cases, break with what is established and build something totally new, without losing hope of moving through our lives exercising the profession with dignity, in search of a possible defense in favor of the defendants.

Contact information:

@pato.trotta

You may also like

by CEDOC

in this note

ttn-25