The importance of Personal Diplomacy in Lawyering
There is a subtle difference between personal diplomacy implied by the lawyers when they are working on legal cases, although their cases’ nature is not seemingly similar. A serious misunderstanding has been claimed by officials and lawyers categorized so-called personal diplomacy as high-level corruption. In Iran like other countries, for example, any kinds of corruption have been forbidden. Even it is criminalized by criminal code and the punishment like a long jail is predicted. Therefore, lawyers and judges are highly recommended to respect and ensure to respect not to cross the related red borders like any crime commitments included bribe, blackmail, conspiracy, jobbery and so on. It is highly complicated to make a clear distinction between corruption and a real personal diplomacy.
Barristers and other professionals are recommended to manage any kinds of personal and professional behavior wherever they are standing on a legal position and stance. Conversely, practical requirements are struggling to discover any solution in order to define a personal relationship between legal professionals without any corruption. Consequently, they are expected to be educated skillfully to conduct as they are requested by the law. Since 1968, the world of lawyers has changed profoundly and it has been shaped by new needs designing an innovative organization. In such movement, law firms and legal institutions have attempted to deliver a different face of lawyers and their services. Law is changing as well as legal societies to be restructured as an industry as long as its knowledge.
Step by step, the culture of strategic lawyering is being born and is growing up for recent decades. It includes skills professionally learning lawyers how to deal with other parties involved in judicial cases like judges and those who are functioning effectively in judicial procedures. Prosecutors, technical experts, police officers and even under-covered officials are to be attended to. Therefore, the personal diplomacy is defined as a vital part of strategic lawyering, while the performance of this notion is not seemingly easy. Both organizational culture and its literature are not based on an acceptable individual and social level practically and perfectly. Lawyers need more time to coordinate their own business with this culture precisely.
In traditional structures of legal professions, it seemed that personal diplomacy was defined as a kind of corruption incorrectly. Those who had not been educated in order to accept and play their roles effectively or motivated to behave against law connected to judicial persons in different illegal kinds of behavior. Lawyers and judges were teaching law and different kinds of syllabics which were supposed to make them ready more to play their roles, whereas most of courses were knowledge-based courses. Criminal law, civil law, family law, international public and private law, criminal procedural rules and so on were listed whenever a law faculty were requested to present what their students were learning there. No courses were taught about morality and its borders. In addition, legal professions were focused on a strictly knowledge-based defense. Exceptionally, if they were trying to make a different relationship unofficially with the judges, they were accused of a crime commitment like jobbery or robbery. It was a culturally normal view.
Consequently, this approach has been observed till recent years. Some lawyers illegally are abusing their personal information or proposing robbery or any dirty money to change judges’ decisions as they are expecting personally, while no legal system has been found to allow or even overlook such misconducts. Moreover, it is not advised seriously to be used as a defending tool in the courts, at all. Unfortunately, this kind of misbehavior, conversely, has been implied vastly in all legal systems. Generally, the meaning of personal diplomacy has been recognized as a crime continuously in traditional structures.
Conversely, some post-modern notions are attempting to distinguish its traditional and professional definition of corruption. As well, they are rejecting such an incorrect view mentioned above. Primary idea is insisting on the idea that the traditional culture has never justify new needs. In a global village, people including lawyers, judges and juries are living as human. They are to manage their sensitive behavior and make a difference between their personal lives and their jobs. Furthermore, the best observing and assessing approach is self-controlling system. They have to observe their conducts and work respectfully. They should be granted immunity from any threats and corruption by awareness. They are not expected to live and work as a person who was living in one hundred years ago. Continuously, personal diplomacy has been applied as a defending tool when it is applied in the precise point. Not necessarily, the organization has never looked at it as the strict corruption. As result, its followers do make serious difference between personal diplomacy and jobbery as an improper or corrupt act or conduct.
As mentioned above, since 1968, the world of lawyers has changed dramatically in all legal dimensions. The literature used vastly by barristers and judges is undoubtedly reshaped. Hence, some innovative concepts are suggested profoundly to restructure new contexts making lawyers face a different world of law. Therefore, lawyering is one of the most important concepts generated by a modern conceptual revolution in law context. In the new concept of lawyering, meanwhile, solicitors as well as paralegals are working in the courts in order to assist judges and the juries with figuring out the case details without any bios. Nevertheless, justice and just judgment are an indispensable part of judicial behavior, viewing with any bios as well as applying a cruel judgment will push sovereignties onto collapsing track. Consequently, the closure will be anarchism and convulsive disorders sacrificing law and order. To expect practically, personal diplomacy should possibly assist any judicial systems with clarifying subjects and laws by the legal and correct line of law and logic. Moreover, a robust personality or special characteristic of lawyers leads the listeners to a specific point where it is supposed or expected to be led to. In this regard, it is precisely eligible to be applied. Personal diplomacy, consequently, is defined as a normal behavior affecting other players in a judicial trial impressively.
Lawyers’ backgrounds, their scientific activities, sensitive functions done or applied, famous branding in national or international atmosphere or even previous backgrounds of friendships or any kinds of relationship, for examples, play a vital role to make or prepare a serious chance to attract the judges or the juries in order to observe the case from dimension designed and structured by lawyers when they are defending professionally. In some systems like the legal system in Iran, judges after 30 years can be eligible to work as a barrister. Possibly, they are facing a case in a court managed by a 30-year-old coworker or friend. It is a sensitive position. Nevertheless, a barrister is defending in a court where his classmate is sitting as a judge. It is probably to defend in the courts where barristers have experienced different cases. Normally, they know clearly and professionally the judges’ personalities and approaches. It may include their ideas and legal notions. All of them will assist barristers and solicitors with exchanging their legally accessible ideas and points more exactly and easily. Furthermore, an attractive personality is challenging all players in chamber courts while they are working on an accused involving a murder or blackmail, for instance. Absolutely, an impressive, strong and succinct language are mostly useful when they are received by an impressive lawyer. Without any doubt, famous personality is preparing a suitable field to exchange various kinds of legal defense much more comfortably and trustfully among lawyers and judges or other parties involved.
Horology is another necessity to assist lawyers with deciding precisely and in its own correct time. Personal diplomacy prepares a more real recognition putting barristers or solicitors on a precise point where they are to and be eligible to send a real massage in a friction of second the judges or even the juries in order to twist their viewpoints into another view possibly changing their clients’ destination. Presumably, a man who is accused of a crime commitment like murder, wants to attract the judge to a different dimension of the story, while all judges, juries and the agents of the general prosecutor do not have any will to consider to or legally not to allowed to open this part of the case again, needs to apply an official request as his last chance. His serene cultivated lawyer is standing and speaking loudly: “Objection! His excellency. For justice, for the law, for the lord.” He may control the situation and attract the judicial parties to his client’s rights. As a result, this skill will serve lawyers when they receive correct and exact kinds of data on their cases. They will be prepared by a real situation attracting points for more realistic prediction or expectation about what is happening or happened related to the judge or juries’ decisions. It is not likely to be obtained if lawyers cannot be taught skillfully about personal diplomacy.
In conclusion, it is crystal clear that personal diplomacy recently is defined as a new concept containing all personal capacities. Its new definition is defined much far from its traditional definition. Therefore, it brings the lawyers closer to their pre-designed goals. Lawyers are authorized to use all personal abilities and capacities to exchange their ideas and views with the judges, perosecutors, detectors, experts and even other parties involved in a judicial case. This method is opposite of all kinds of corruptions. Its literature is seriously different with jobbery and so on.