A. Latif Baraka: Heba Press
While Moroccan lawyers’ associations announced an open national strike in their fight against the Minister of Justice, Abdellatif Wehbé, they found themselves in direct confrontation with “their clients”, revealing a partial difficulty in implementing the decision combativeness of the organization after the total cessation. to exercise the profession.
Regardless of whether the customs and traditions of the legal profession require that people in black respect decisions made by the president of the association or by the president of the Association of Lawyers Associations, the recent decision to call a strike open, despite its objectives of defending the profession, have been marred by legal problems, given that the total or total cessation of work since the beginning of November, lawyers are forced to reject all the cases presented to them, and here the citizen will be forced to confront the Minister of Justice and a means of pressure to sit down and implement the demands.
But the problem, according to the newspaper’s sources, lies in the fact that the open strike decision of lawyers has a retroactive effect and extends to cases that the lawyer has previously accepted or in which he has engaged, and here the confrontation has become a real confrontation between the lawyer and his client, demonstrated by civil and disciplinary liability, after the lawyer finds himself in a situation of breach of a contractual obligation, which is a breach resulting from the evidence and of choice, and not of simple error or negligence.
Intentional violation of the law governing the profession sometimes reaches the status of removal from the board’s calendar, leaving the lawyer at the mercy of the “consulting room.”
Although lawyers continue their fight against the Minister of Justice, some will suffer from this problem with their clients if they do not commit to following, assisting and litigating popular cases in court.
This problem arises at a time when Wehbé declares that the door is open to dialogue on outstanding points between the two parties, but some professionals deny that the Minister of Justice is engaged at the dialogue table, and the current situation remains worrying and is heading towards a suffocating crisis in the courts, which forces the parties to sit down to dialogue and create an outlet, or to decide on the open strike decision, to review its retroactive effect and limit it to the cases presented for the first time to lawyers.
