تعویض ضرر در مسؤلیت مدنی وکیل مدافع در پرتو نظام حقوقی افغانستان

Abstract (English)

One of the significant consequences arising from the civil liability of a defense attorney is the establishment of the client’s right to claim compensation for damages. Based on this right, the client may refer to the attorney whose conduct has caused the harm and request compensation for the losses inflicted upon them by the attorney. Professional violations and errors committed by defense attorneys are numerous, and this often results in the rights of certain individuals being infringed without the attorney being subjected to any legal accountability. The reason for such lack of prosecution may be the widespread belief among many people that an attorney is not liable for professional misconduct. The purpose of this study is to examine the client’s claim for compensation against a defense attorney and to answer the following questions: What types of damages is the attorney obligated to compensate? How is indemnification carried out? And, in the event that the attorney refuses to compensate the client, to which authority may the client refer in order to vindicate their rights? Using a descriptive–analytical method, the findings indicate that the injured party may file a lawsuit against the tortfeasor (the attorney) before the competent court, namely the court of the attorney’s domicile. Accordingly, the client—whether by directly approaching the responsible attorney or by instituting legal proceedings before the competent court—may assert two types of claims: first, the right to request that the attorney refrain from further involvement in the pending case and terminate the contract; and second, the right to claim compensation for damages.

English