Sultry. Unpresentable. Ridiculous. They were only part of thequalifications that expressed the guild of lawyers to refer to the Code of Conduct approved by the Council of the transitional Judiciary.
The indignation of the lawyers, evidenced especially in socialnetworks, caused the Judiciary to back down and sit down to talk with itsrepresentatives.
Just seven days ago the norm approved on November 8 with the signatures of Marcelo Merlo, Aquiles Rigaíl and Zobeida Aragundi became valid.
The authors of the document received yesterday Ramiro Garcia,president of the Federation of Lawyers of Ecuador, and representatives ofprovinces. The resolution was to throw down the questioned Code and work on atool that regulates the exercise of legal professionals, but with the help oflawyers.
The biggest challenge to the document was found in article 6. “The lawyer cannot have sexual relations with his client unless there is a consensual relationship between the two …”, said the rule that was the subject of burlesque comments.
But that was not the only problem. The university professor Paulina Araujo said that yesterday her students were disconsolate because of the provision that in legal studies should not be paid to those who are not lawyers. She recalled that many students pay their careers with internships that comply with legal professionals.
The lawyer Jorge Acosta pointed out that the document was a terrible copy of the one that prevails in Costa Rica. He said that apparently the lack of professional practice of some members of the Council has made them forget that the practice of law has been, for decades, governed by several legal bodies.
Prof. Farith Simon pointed out that aspects related to the form regulate aspects of the legal profession that require standards approved by the Assembly.
He added that even with legal regulation it was debatable that it could be regulated in this way (for example, rules that violated freedom of contract or association), in other cases they were problems of form, because several of those rules were copies of regulations in which there is trial by juries.
The vocal Achilles Rigaíl denied that his request for information to a judge and a prosecutor is framed within the interference in their functions.
In the Council there was not always harmony. The opposing voices were Juan Pablo Albán and Angélica Porras. Before leaving, Albán denounced espionage.
The Council of Transitional Participation did not allow the Judiciary to continue with the evaluation of the judges of the Court that they had foreseen.
Ivonne Núñez – Lawyer and Judge of the Court of Guayas
“The behavior of the individual cannot be subject to a code because the essence of behavior is in the freedom and evolution of society that taught us respect and peaceful coexistence.”
Paulina Araujo – University professor and litigating lawyer.
“He has treated us lawyers like we are the people who behave the worst to impose a Code of Conduct that was a bad copy and a terrible translation of English.”
Xavier Mejía – Lawyer specializing in criminal matters.
“It seems that the Council of the Judiciary does not have much work to start issuing codes, which is very complicated and subjective to analyze the behavior of a lawyer.”
Nicolás Salas – Specialist in Criminal Law.
“It’s a shame, it was unconscionable, it’s a copy of anothercode, it’s unconstitutional in parts. For me it was imposed, surprising, builtexcluding those who were going to regulate. ” (I)