Thursday , June 17 2021

"To throw the title out of the head is something that deserves arrogance"




During his vacations Arturo Alessandri Kon – grandson of former President Arturo Alessandri Palma – is worried. The chairman of the Bar Association takes several minutes to talk Third Hour about the disputed actions of two lawyers who have been in the face of the hurricane in recent days. This is the case with Matias Perez Cruz, president of Gasco, who evicted three women sitting in meters from the inner courtyard of his summer house in Lago Ranco, and the controversial verbal and physical aggression of Christian Rosselot against workers at a supermarket in Pirke.

For the guild helper, whether advocates or not, both cases show arrogance. And it is clear that threats from lawsuits are not specific to the profession. "This is something that contradicts ethical behavior, because as lawyers we owe this to our clients and it is not right to threaten litigation," Alessandri said.

"It is a cultural matter, in the sense that people who have a degree in law must be ready to take action after having some reason." But throwing the title out of the head is something that deserves arrogance because it implies that the courts will find the reason for it and we can never guarantee the result, "he added.

How does the Guild receive these two cases of public interest because of the way both lawyers react?

It's not good that they act like this. Lawyers like any other citizen must be very respectful and aware that they have a title that they should use well and obviously it's not a throw in their head because here he (Christian Rossellot) obviously, besides being a lawyer, says he is on the list of the top 50 lawyers in Chile. They are all actions that do not seem comfortable. I do not think it's good to go around the headline. It seems to me a small and personal incident. I do not know the details, but as a chairman of the Bar Association I am concerned about the fact that people refer to their lawyers to confirm certain things or in some way to impose their position. Obviously, the things that happen in everyday life are full of nuances that do not all do. There is also a risk of a rather voluntary approach. But you have to be very cautious and have civilian activity beyond if you are a lawyer or not, and if someone actually thinks they have been badly treated, there are channels and formal cases. It does not seem to me that publicly practicing attorney's status.

Does the Union have a complaint about the poor exercise of the profession?

There are complaints in specific cases that are presented by customers. I do not know and do not remember such cases, and there are cases of ethical representation. For example, if they have not done the required steps or made no representations. These are very specific things in the relationship between the client and the lawyer.

Did you know that these complaints have increased or decreased recently?

Complaints about this kind of actions that I do not recall have been filed, but we have a system in place that allows people to go without a lawyer to file a claim and of course there is a limitation period. Complaints are diminishing because in some cases we have been tougher, but there is always an opportunity for the client to sue because he is part of the law. We always take care to always take care of the claimants. There are attorneys who constantly receive plaintiffs to see if their claims have or do not claim you can raise it there or in writing. Then the other side is called. But we have not received any claims for arrogant actions, complaints from lawyers against other lawyers come as the relationship between colleagues should also be respectful and mentioned in the Code of Ethics. When there are insults, for example. The passion often comes up with some reproaches from an ethical point of view.

In these two specific cases, can aggressive people file a formal complaint with the Bar Association?

Generally, they could. I do not know the details if they are collegial or not, but they could.

What sanctions would they risk?

Lawyers have to act with great caution and very decency. But the complaints system is mainly established in the relationship between the client and the lawyer. In these two cases, there is no such relationship. Complaints that have reason and can reach ethical issues are those presented by customers. There is a situation of social and civic type here, and there are many reactions in social networks. But from there to condemn the school without having a professional relationship, the truth is that I do not see much future. These complaints generally do not reach the school.

I despise your words that in the case of Christian Rosselot, who claims to be a member of the Union, the Bar Association can not exercise official duties or present its training.

Training is not questioned. I do not know the details, but there are situations in which they are filed ex officio. Our concern is more about the treatment the client can have. The other will escape in our sphere. This is rather a case for a local police court. I do not know if anyone wants to initiate action for bad behavior of citizens. We are talking about mistakes, not crimes. It appears in social networks as something very reprehensible and negative, but it is not an ethics attempt.

In one of his latest public lectures, former controller Ramirez Mendoza said the Chilean society was too legalized, and almost all lawyers left the university right after work. Do you agree with this analysis?

I am unable to share this because I do not have enough information. Unfortunately, universities do not disclose where the alumni work. How much they earn or how long it takes to get a job. Generally, in the most developed societies, there is not enough information to say: I will not study right, because today it is very difficult to find a job. There are significant differences between traditional and newer universities, although there are many good law schools. But there is no follow-up or background to conclude that saturation has been achieved. There are a number of legal reforms that require lawyers.


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