👉The table of contents so far is here.
Chapter 8: Overview of Legal Profession Law
8.5. Private legal profession
The private legal profession, which is the field of activity for communist legal professionals in the private sector, can be broadly divided into independent legal practitioners and those employed in the legal departments of corporations and other private organizations.
While the former, independent legal practitioners, are the most typical form of private legal profession, their actual nature differs significantly from that of independent legal practitioners in capitalist societies.
In a communist society without a monetary economy, the act of earning monetary income through legal work is not possible, and legal work is therefore a free service. Therefore, law offices take on a character strongly oriented toward public service, and profit-driven law firms as do not exist.
Furthermore, since there is basically no court system, there is almost no litigation representation work available except in the field of impeachment justice. Instead, in some judicial procedures, certified lawyers have a monopoly on the legal position of legal representative or legal attendant.
○ Legal representative: Represents the parties in various hearings and oral proceedings, and provides useful explanations and arguments.
○ Legal attendant: Attends and assists in hearings related to offences laws and reviews by the Correction and Probation Commission, and protects the rights of the parties involved.
Furthermore, due to the principle of independence, communist legal professionals are prohibited from engaging in legal advisory services that create a relationship of subordination to clients by providing exclusively favorable legal advice to specific individuals or organizations, due to the principle of independence. Therefore, the position of permanent legal advisor is not recognized.
On the other hand, employed legal professionals are professional staff members who belong to the legal department of a private organization such as a corporation and handle the organization's legal affairs, but at the same time maintain their independence as legal professionals. Therefore, while they are subject to the general duty of loyalty of an employee, their legal judgments are not subject to interference from outside, nor from the organization's management or other internal departments.
👉The papers published on this blog are meant to expand upon my On Communism.
