Posted in Law No. 327 of November 2, 2010.
Francisco José
OF SOLAR RED
Lawyer PUCP and U. Central de Venezuela
Graduate in Law, History and Communication Studies.
legal Manager (e) Editor and publisher of Legal Peru.
Professor of Law at the UIGV
The Faculty of Law at the Pontificia Universidad Catolica del Peru (PUCP) represented by its dean and Walter Albán Peralta Ciudadanos al Día (CAD) with Beatriz Boza Dibós director, presented three key publications in field of ethics, values \u200b\u200band principles that all lawyers must respect, care and impose whatever our role. This should be given on a strict self-regulatory framework the purpose of raising and maintaining the ethical standards of law in this world of modernity and globalization.
The works in question are: 1. Public consultation: proposed standards of conduct and professional responsibility law. Result of Public Consultation Beatriz Boza Dibós lawyers and Christian Chocano Davis, 2. The mission of the Lawyer: Ethics and professional responsibility of the lawyer in charge of Themis, an institution formed in 1965 by students of the Faculty of Law PUCP, whose publication was Beatriz Boza general, and 3. Graduation of sanctions: Ethics and Social Responsibility of attorney prepared by Ius et veritas, nonprofit civil association integrated profit by students of law, PUCP. A HISTORIC LANDMARK
Overall we can say that these works, together, constitute a breakthrough in the difficult, complex and even abstract issue of ethics, and in this sense, mark, no doubt, a milestone due to unprecedented effort, dedication, perseverance and consensus reached in its preparation and presentation.
In fact, this remarkable result began four years ago, in mid-2004 when Dibós Beatriz Boza, coordinator of the course "Ethics and Professional Responsibility Lawyer, Faculty of Law PUCP, boosted formation of the Study Group on Social Responsibility of Attorney "with the best students of the subject.
Well, in the words of the teacher: "They weekly sessions with the purpose of updating the teaching materials, develop new case studies, design strategies of value education, among others, deepening the analysis of the existing Ethics Code - then, especially from the perspective of comparative law. Thus, in 2006, in the study group developed a first "Draft Proposed Draft Code of Ethics of the Lawyer" (with 120 articles, 17 books), then presenting to twenty (20) Law professors from various disciplines to review and critique. They, in turn, convened a multidisciplinary working groups to review each of the sections. "There is no doubt that this was a hard and devoted work for a period of two years, ie 2004 to 2006.
FOLLOWED THE GREAT PROGRESS
With the results obtained in this great laboratory for research and development of proposals for teachers and students, in 2007, the month of November, the study group was a second text, which was obviously more developed, refined and consistent. Beatriz Boza, tells us that, "among other innovations, included thirteen definitions and content grouped into seven titles, with 110 articles, becoming known under the name "Draft Code of Professional Responsibility lawyer." Immediately, add the outstanding professor and proceeded to his discussion with a wider circle of lawyers. Thus, in the summer of 2008, with the collaboration of most major law firms in the capital staged a series of breakfast meetings with business partners and lawyers in various sectors. "
However, with results of these exchanges are valuable contributions greatly enriched worked since its inception (2006) by the Group Studies, made in addition to Boza Dibós by Diego Asmat, Luis Bustamante, Christian Chocano, Mariela Houghton, José Carlos Llerena, Ana Piñeiro, Vladimir Popov, Renato Sarzo and Carolina Torres.
was, then, when they saw the need for third comprehensive review of the text extending the basis of consultation, research, information and professional experiences in the harsh and complex practice of law. To do this, we referred to the Ethics course coordinator, we had the invaluable and selfless assistance of five (5) law student associations, as Themis, Ius et Veritas, Circle of Administrative, Academic Forum Ius Inter Gentes. The progress was remarkable, as it developed a rich explanatory memorandum of 352 pages, which was submitted in June 2008 as a "Draft Code of Ethics and Professional Responsibility Law", with 121 articles in seven (7) titles. A more
With a view to become more widespread and more consensus on this third version, the Draft Code ..., underwent public consultation in November 2008 in a ceremony involving the president of the PUCP the Ombudsperson, the chairman of the Judiciary, the head of the OCMA and other distinguished authorities also Featured Attorneys representing the most important studies of law Lima, legal managers of companies, both private and public sector. Boza
Dibós this regard, he notes. "Since that time we held 37 meetings for discussion and review of the content of the level of deans of law schools in Lima, and deans of law schools of the Peruvian Network of Universities, and law professors PUCP and Advocates of legal managers of companies. "
But he adds something else:" At the same time, called by Julia María Morales Valentín, we meet every Wednesday morning from October 2008 until late 2009, with a group of legal managers of major companies and public organizations to exchange ideas about the practical implications and necessary adjustments to the proposal "(...)" The valuable exchanges with Eduardo Schmidt SJ enabled us to give a deeper approach to this proposal, especially regarding the process of internalization of the lawyers and professional organizations. His contribution has been decisive and we face a challenge. "
The deans of law schools in Lima and the Peruvian Network of Universities that participated in the consultation process at the invitation of the Dean of the Faculty of Law PUCP Walter Albán Peralta, were: Jose Castillo Román of the UN in Cajamarca, Manuel Castillo Venegas of the UN de Piura, Mariano Castro Sánchez-Moreno, U. Southern Scientific (Lima), Dante Cervantes A Anaya of San Agustin (Arequipa), Victor Garcia making the U. Lima (Lima), Alberto Navas Torres of the UN in the Peruvian Amazon (Iquitos), Jose Antonio Ñique of Punta de San Marcos University (Lima), Jorge Gonzalez Polo y la Borda of the UN in San Antonio Abad del Cusco (Cusco ); Daniel Quispe Perez of San Cristobal A Huamanga (Ayacucho), Jesus Antonio Rivera prayed, U. Inca Garcilaso de la Vega (Lima), Lilian Rocca, U. Carbajal San Ignacio de Loyola (Lima); Teódulo Santos Cruz A Trujillo, Miriam Schenone, U. San Juan Bautista (Lima), Gastón Soto, U. Vallenas Technology of Peru (Lima), Luis Vargas Fernández, U. Católica de Santa María, Arequipa, Marjorie Mellet (representing the Dean) of the U. Pacific (Lima).
FOURTH AND FINAL REVIEW Finally, Beatriz Boza, he says, bluntly: "The various concerns, criticisms and suggestions for revision received were processed through a comprehensive review quarter ended June 30, 2009, to this Proposal Standards of Conduct and Accountability Career in Law '(142 articles, 7 titles, with an explanatory memorandum of 196 pp.). Also systematized the results of public consultation in an explanatory document of nearly 200 pages (http://www.pucp.edu.pe/facultad/derecho). "
Finally, states:" The transformation that has been experiencing the proposal is expressed not only in the variation of its content but also in its scope, conceived in the academic world was moving to the professional and now aims to further development to strengthen the life of the profession "(...)" In this journey we have had at all times the strong support of Dean of the Faculty of Law PUCP and young people who join me in the Study Group. We also had the auspices of the World Justice Project of the American Bar Association. The support of all those involved in this issue becomes a lever to imagine a different practice. "
In truth, we must recognize that this task has been enormous and would like to mention to all who have actively participated in it during the four years of hard work. However, for reasons of space, it is almost impossible. However, we can not fail to mention the Task Force on Professional Responsibility served as secretariat of the Project in 2009, which consisted of Beatriz Boza, Juan Luis Balarezo Baldeón Francisco, Luis Bustamante, Christian Chocano, Alberto de Belaunde, Fernando del Mastro, Marielena Houghton, José Carlos Llerena, Francisco Miranda and Jose Saldana. PROPOSAL
This first book were responsible for these Boza and Chocano, has 339 pp. It is divided into three parts. The first is the introduction and contains a presentation by the renowned jurist and university professor, Walter Albán Peralta, Dean of the Faculty of Law PUCP. Incidentally, remember that he made an extraordinary work when he led the Ombudsman. With that same wisdom, hard work, pursuit of efficiency and effectiveness, promoting dialogue and consensus friend go today with great success this authority which is the birthplace of many generations of great jurists, law professors and lawyers in general.
also a commentary entitled "Commitment of the private sector by Julia María Morales. A historical review of "Public Consultation Process" Beatriz Boza. Finally, the relationship of "participation in the consultation process."
In this vein, Alban, tells us: "To say in our society an ethical practice of law, is part of the commitment unites law schools that make up the Peruvian Network of Universities from different cities. The result of that commitment and joint effort with the universities of the Network, we have developed this Proposed Standards of Conduct and Professional Responsibility Law, now I have the pleasure of presenting. "
" The content of this proposal is the result of a review process, discussion and national consultation on the rules that should govern the professional conduct of counsel, an initiative led by Professor Beatriz Boza, coordinator of the course Ethics and Professional Responsibility Lawyer, which seeks to transcend the university senate to involve schools lawyers, administrative tribunals and tribunals, courts and other social actors. "
In this context, he adds: "There are great challenges ahead: to evaluate existing strategies for transforming the ethical standard of students, to deepen the mainstreaming curricular and extracurricular training in values, promoting opportunities for reflection on professional conduct attorney, and generate consensus on the desirability of implementing self-regulatory mechanisms in the exercise of the legal profession. Towards these objectives will be directed our efforts on ..., and look forward to contributing to a responsible exercise of the right. "
For his part, Professor PUCP Law, Julia María Morales Valentín, who in turn plays the high post in the private sector, Telefónica Group's general secretary, addresses with great transparency and sincerity, concern and commitment of the private sector need to have professional services firms with ethical performance, both in their personal lives and in the practice of law in a frank self-commitment of ethical and professional responsibility in law. This, says Morales, as well aware of the private sector, is a tangible manifestation of the "Corporate Governance", which we believe and that our companies institutions and practice, as the law is, undoubtedly, a vehicle for the implementation of economic phenomenon.
On the other hand, the short history of this unique and vital consultation process is developed by the factotum of this initiative, Beatriz Boza Dibos, to say Albán Peralta. Review we have collected at the beginning of this review. Then come the relations of all those involved in this long process of consultation.
The second part contains the Proposed Rules of Professional Conduct and Responsibility in Law (2009), with 142 articles, seven (7) titles, 18 chapters, with 19 definitions, in a total of 29 pages and exposure Memorandum in 196 pp.
Like any serious work meets the standards of scientific rigor and has a "Glossary of Terms" to better understand the text of the proposal. It is noteworthy that it has not fallen into the common weakness of many lawyers to influence the polysemy or-many, complicating an interpretation suitable syntactic, semantic and contextual. Metabasis is absent or policy gaps and proper implementation of the deductive method or logic. This certainly gives the proposal a special value as "rules of conduct" and production of legal interpretation.
Following are the normative content of the "Principles General "which deals with the" Mission of the lawyer and the law "and" General Duties and prohibitions. " Under Title III is "The relationship with the customer." The Fourth: "Relations with the authorities." In the V: "The relationships with colleagues and with others": In the sixth, "the responsibility of the lawyer." The VII: Promotion and discipline.
The third part divided into seven chapters present the "result of Public Consultation: Analysis and Justification," which precisely developed and Chocano Boza lawyers. ATTORNEY MISSION
is the second book with 114 pp. He was in charge of students PUCP right, members of Themis. Recognized institution created in 1965 with the main objective of spreading the country's legal culture, which certainly goes far beyond legal doctrine, given the legal culture refers to a broader concept.
The book is divided into a presentation in the proposition of the methodological aspects and responses to nine questions that seek to cover the main issues surrounding the mission of the lawyer who made Themis team to 16 lawyers, judges, teachers and prominent lawyers. Among the main questions are: Who can we call a lawyer? Who has the profession?. Are Standards of Conduct applicable to all lawyers, no matter the scope or professional role to play (for example, journalist or congressman)? Who is considered to be a lawyer? Should give higher priority to its customer, justice or the state Constitutional law? Do you agree with the position taken by the proposal in Article 1? How do you think your daily work specific mission of the profession? Social responsibility is part of the mission of attorney? Does, for example, pro bono work should be mandatory?, Etc.
To all this we must add two important questions related to the Constitution State Constitutional Law: Should a lawyer defend and fight for the constitutional rule of law? By the fundamental principles of justice, freedom, etc?.
The interviewees were: Reynaldo Bustamante Alarcon Jimena Cayo Rivera Schreiber, Giancarlo Celis Noriega, Juan Carlos Cortes Carcelén, Javier de Belaunde Lopez de Romana, Eloy Espinoza Barrera-Saldaña, Huascar drain Rivero, Cesar Luna-Victoria León, Julia María Morales Valentín ; Manuel Monteagudo Valdez Pozada Giovanni Priori, Carlos Rivera Paz Jimena Sánchez Velarde, Martin Sotero Garzón; Mayen Ugarte Vásquez-Solis, Gonzalo Zegarra Mulanovich.
Additionally, Themis conducted a survey on these issues to 50 lawyers employed by or associated with a group of major studies of Lima. GRADUATION
SANCTIONS
Add 355 pp. He was in charge of civil association members Ius et Veritas, founded in 1990 with the aim of promoting and contributing to the intellectual debate and promote opportunities for discussion on the various branches of law. The book is divided into 5 chapters. The first focuses on the "Customer Intimacy" and is translated into seven interesting articles. The second addresses the "Relations with the authorities" in two suggestive articles. The third place "Relationships with colleagues and with others" in a sensible article. The fourth is the "responsibility of counsel", also in a very accurate article. Finally, the fifth is dedicated to the "promotion and discipline," a very concrete way in one article.
Finally there is a detailed index of these valuable contributions written by prominent law students PUCP, and unfortunately, for lack of space, we could identify each one with its corresponding article. We can only
warmly congratulate all those who have made this great contribution for the growth and recognition of special value to the responsible and ethical use of our beloved profession.
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