Thesis:

A comparative study of the lawyer's confession against the client in Iranian and English law

Abstract: Confession of a lawyer against a client is one of the most important and challenging cases between clients and lawyers. Representation is a contract that places another person as a representative to do something, and the meaning of confession is that the news is rightly conveyed to one's detriment and to the benefit of another. According to Articles 205 and 35 of the Code of Civil Procedure, the lawyer's confession against the client is not the source of the effect and the order of the effect. The lawyer's admission regarding the preliminary steps of filing a lawsuit or its continuation, such as presenting and submitting a petition, being aware of hearings and notifying the lawyer of the time, is valid for the client, because these matters are considered necessary for the lawyer's work, and the proceedings will not proceed smoothly without accepting these statements against the client. For example, the lawyer had to state that despite the legal notification, he is aware of the contents of the notice. The representation of a lawyer in confession against the client both in Iran and in England has exceptions and can be used in some matters.For example, in Iran, according to Article 205 of the aforementioned Civil Procedure Law, the confession of a lawyer against his client is not accepted regarding matters that are decisive in the case, regardless of whether the confession was made in court or outside the court, assuming that the meaning of the lawyer's confession is against the client. And if it is to his detriment and guarantees the legitimacy of the client's lawsuit, such a confession against the client is not the source of the effect and is not significant and the order of the effect is not significant. In England, we have referred to the confidentiality law to find out this matter. According to the confidentiality law, a lawyer is not allowed to confess on behalf of his client, except in cases where his client's confession or non-confession would cause harm to others. This is because the law governing England is common law.In this country, a lawyer can make a confession against his client in certain matters that are stated in the judicial procedure

Keywords: Key Words: Confession, lawyer, attorney, lawyer's confession against the client, Iranian law, English law