Register for Vicente Casas *
some time ago, due to meet by legal proceedings in the Municipal Housing, addressed to me a lady accompanied by two other persons, who, knowing my status as a lawyer, asked me to represent them for the settlement of a legal issue to which I replied that would be a pleasure for me, but I am not allowed by the government to act on behalf of other persons who are not close relatives. With great detail gave a broad explanation of the circumstances, the details of your problem, I was aware and interested in the matter, yet frustrated because they can not do anything for a needy person requesting my help. I had no choice but to give brief advice and guidance to people overwhelmed so that they went to the Firm Collective City, which recommended some known and experienced colleagues for a possible solution to your problem.
This type of situation occurs frequently, which is food for thought and comment. So far, none of the persons to whom I explained why I can not play in matters unrelated to my interests or my immediate family (spouse and relatives within the fourth degree of consanguinity and second degree) or those who know me and know how did the studies in law degree (by distance learning system, working and studying) includes much you explain, why not allow a lawyer who is familiar with the population as graduates Law-making use of their knowledge in the exercise of their profession in favor of another natural person who needs and wants.
In Cuba, to answer this question with fundamentals y a otras tantas que se presentan cada día sobre el tema, resulta una tarea difícil, sobre todo por ser un país donde por regla general la lógica no es norma de aplicación en las relaciones de convivencia; para esclarecer mis dudas y poder dar mejor explicación, me interesé en el tema y busqué el concepto idiomático de abogado.
Según el Diccionario de la Real Academia Española de la Lengua, abogado es el perito en derecho positivo que se dedica a defender en juicio los derechos de los litigantes. (Derecho positivo es el derecho que tiene su expresión en las leyes vigentes en un país en un momento determinado.)
Aclarado el concepto, continué en la búsqueda de respuestas.
After talking with several colleagues based in the National Organization of Collective Law Offices (ONBC), I turn to the rule regulating the practice of law in Cuba: Decree-Law No. 81 of 1984, which states in article l that "the practice of law consists of consultations, to represent and defend the interests of a natural or legal person before the courts, arbitration boards and administrative agencies in the country and also to the organs, agencies foreign or international organizations. " Defined as only those lawyers lawyers belonging to the National Organization of Collective Law and which, in exceptional cases, be restricted to in Article 4 of the text and normally pursue their profession in other workplaces.
supported not find a reason for this limitation of the profession, if all that is extraordinary this article, and, consequently, the Decree-Law-is standing properly interpreted the concept of attorney, making a clear distinction between a and other lawyers, limiting or monopolizing the representation of natural persons in the exercise of the profession and controlling the justice questioned the long end, attached to the policy of the ruling class by the lack of division of powers, everything else is common to all legal practitioners in the conduct of business.
Article 2 of the regulatory text provides that "the practice of law is free," the lawyer "is independent and should only obey the law" played quite simply, is a logical and fair argument, but the supposed independence of the attorney applies only to regulations in the previous article-that is, members of the ONBC-, and therefore it is an act of discrimination and control: discriminatory, because it excludes all other professionals who are not "admitted" can not or do not wish to belong National Organization of Collective Law; of control, because through ONBC are controlled all the jurists who directly participate as advocates when it comes to "deliver justice 'in this system of government.
Article 3 regulates the requirements for practice as a lawyer, the first of which is "to be trained by Degree awarded by higher education institution concerned, which is logical and there is nothing new. Known-especially by more experienced professionals, which until the mid-seventies, the mere fact of being empowered by certifying title and registration the Ministry of Justice gave the possibility to practice law in the country, which changed-and not for good, "first with a new re-registration in the Register of Attorneys controlled by the government, which had the effect of the purge of many lawyers "unreliable" active, and later with the creation of so-called National Organization of Collective Law.
The second and most significant of the requirements is to "be supported by the National Organization of Collective Law."
This requirement is for the creation of this new controller and controlled "independent" National Organization of Collective Law, which determines who may or may not practice law and, consequently, get a better financial reward within the legal profession, with better conditions of work and attention to the lawyer that distinguishes it from the rest of the professional class. It states that ONBC is "independent." (This does not believe anyone in Cuba, we need only ask what party they belong to members of the National Board call for the organization and to whom they are accountable for their work during the term. According to regulate within its own constitutional sphere - Article 5 -, "the Communist Party of Cuba is the highest leading force of society and the state. " It goes without saying that the ruling party for more than 40 years and the only legally permitted in Cuba is also well known to all practitioners and for much of the population in Cuba is forbidden to create any type of organization that is not controlled by the government.)
Therefore, the watchword to practice law in my own country is "admitted" that is, belong to an organization to which access is restricted to the extreme , and the candidates for admission must have other conditions, some of which appear formally expressed in the article 7 of Decree-Law No. 197 of 1999, among which stands out subsection d), which requires "social prestige and recognition." That is, stay tuned to the rule of Castro's ideology.
Parallel to all these requirements should be the real possibility of employment in a particular firm and the essential recommendation or endorsement by the Director of the unit or office, at all which is added a preliminary examination on the knowledge and mastery of the Rules Procedures in the Organization, which, to my knowledge, not studied at university and only be known if someone within the organization to obtain assistance.
A similar-but-true acceptable practice of the profession in the courts of Justice and the Attorney General's Office, as well as in those other units of state and government with special characteristics, which requires the ongoing work of a graduate in law, so that because of this situation and the absolute control of the employment by the government as sole owner and master of the basic means of production, many professionals are forced to serve in the economy of the state enterprise as legal affairs specialists, subordinate to the chief or director the entity that knows nothing of the activity and upon which their employment, economic evaluation and pay-pay limited to a paltry monthly salary in local currency, "without care, professional training and poor working conditions, making complaints and resolving issues worth thousands of dollars without receiving a penny in return, assessed on the results of their work the same standard as either a technician, which requires a change of workplace constantly looking for the slightest attention to the man.
This discriminatory situation in the occupation of the specialized class on the right shows a flagrant violation of the provisions in Article 45 of the Constitution of the Republic of Cuba with regard to that under text, the work in this society provides the basis, inter alia, "the choice of the worker and his skills and ability" and "is remunerated according to their quality and quantity." In the same way, violate the fundamental principles governing the Cuban Labor Law, specifically those covered in Article 3, paragraphs e) and ch) of Act No. 49 of 1984 (Labour Code), regarding the choice of worker, his skills and ability to provide work and pay equal wages for equal work.
This discriminatory situation is compounded by the politicized nature of our judicial system, which has the effect of lengthy proceedings in the courts and unfair judgments that directly affect and shame experienced professional who acts doing a good job and knows it has no choice but to accept and endure the frustration of their efforts.
is very difficult for a citizen with a vocation to the right, unable to exercise fully according to his ability and effort, which to me is a real frustration. I regret that the government does not allow the formation of independent lawyers' associations, composed of graduates can not be studying the state and by those with years of service paid his debt to the government. I am sure that the Bar Association of Current Agramontista, chaired by the experienced colleague René Gómez Manzano, would be a pleasure.
clarify that the remaining items regulator Decree-Law No. 81 of 1984 are "generally" performance standards "autonomous" National Organization of Collective Law, which may be cause for comment in later works, as in our claim it is closely related to the title of this simple but sincere writing, discuss the entire Decree-Law No. 81 of 1984 would be a big task and unproductive
some time ago, due to meet by legal proceedings in the Municipal Housing, addressed to me a lady accompanied by two other persons, who, knowing my status as a lawyer, asked me to represent them for the settlement of a legal issue to which I replied that would be a pleasure for me, but I am not allowed by the government to act on behalf of other persons who are not close relatives. With great detail gave a broad explanation of the circumstances, the details of your problem, I was aware and interested in the matter, yet frustrated because they can not do anything for a needy person requesting my help. I had no choice but to give brief advice and guidance to people overwhelmed so that they went to the Firm Collective City, which recommended some known and experienced colleagues for a possible solution to your problem.
This type of situation occurs frequently, which is food for thought and comment. So far, none of the persons to whom I explained why I can not play in matters unrelated to my interests or my immediate family (spouse and relatives within the fourth degree of consanguinity and second degree) or those who know me and know how did the studies in law degree (by distance learning system, working and studying) includes much you explain, why not allow a lawyer who is familiar with the population as graduates Law-making use of their knowledge in the exercise of their profession in favor of another natural person who needs and wants.
In Cuba, to answer this question with fundamentals y a otras tantas que se presentan cada día sobre el tema, resulta una tarea difícil, sobre todo por ser un país donde por regla general la lógica no es norma de aplicación en las relaciones de convivencia; para esclarecer mis dudas y poder dar mejor explicación, me interesé en el tema y busqué el concepto idiomático de abogado.
Según el Diccionario de la Real Academia Española de la Lengua, abogado es el perito en derecho positivo que se dedica a defender en juicio los derechos de los litigantes. (Derecho positivo es el derecho que tiene su expresión en las leyes vigentes en un país en un momento determinado.)
Aclarado el concepto, continué en la búsqueda de respuestas.
After talking with several colleagues based in the National Organization of Collective Law Offices (ONBC), I turn to the rule regulating the practice of law in Cuba: Decree-Law No. 81 of 1984, which states in article l that "the practice of law consists of consultations, to represent and defend the interests of a natural or legal person before the courts, arbitration boards and administrative agencies in the country and also to the organs, agencies foreign or international organizations. " Defined as only those lawyers lawyers belonging to the National Organization of Collective Law and which, in exceptional cases, be restricted to in Article 4 of the text and normally pursue their profession in other workplaces.
supported not find a reason for this limitation of the profession, if all that is extraordinary this article, and, consequently, the Decree-Law-is standing properly interpreted the concept of attorney, making a clear distinction between a and other lawyers, limiting or monopolizing the representation of natural persons in the exercise of the profession and controlling the justice questioned the long end, attached to the policy of the ruling class by the lack of division of powers, everything else is common to all legal practitioners in the conduct of business.
Article 2 of the regulatory text provides that "the practice of law is free," the lawyer "is independent and should only obey the law" played quite simply, is a logical and fair argument, but the supposed independence of the attorney applies only to regulations in the previous article-that is, members of the ONBC-, and therefore it is an act of discrimination and control: discriminatory, because it excludes all other professionals who are not "admitted" can not or do not wish to belong National Organization of Collective Law; of control, because through ONBC are controlled all the jurists who directly participate as advocates when it comes to "deliver justice 'in this system of government.
Article 3 regulates the requirements for practice as a lawyer, the first of which is "to be trained by Degree awarded by higher education institution concerned, which is logical and there is nothing new. Known-especially by more experienced professionals, which until the mid-seventies, the mere fact of being empowered by certifying title and registration the Ministry of Justice gave the possibility to practice law in the country, which changed-and not for good, "first with a new re-registration in the Register of Attorneys controlled by the government, which had the effect of the purge of many lawyers "unreliable" active, and later with the creation of so-called National Organization of Collective Law.
The second and most significant of the requirements is to "be supported by the National Organization of Collective Law."
This requirement is for the creation of this new controller and controlled "independent" National Organization of Collective Law, which determines who may or may not practice law and, consequently, get a better financial reward within the legal profession, with better conditions of work and attention to the lawyer that distinguishes it from the rest of the professional class. It states that ONBC is "independent." (This does not believe anyone in Cuba, we need only ask what party they belong to members of the National Board call for the organization and to whom they are accountable for their work during the term. According to regulate within its own constitutional sphere - Article 5 -, "the Communist Party of Cuba is the highest leading force of society and the state. " It goes without saying that the ruling party for more than 40 years and the only legally permitted in Cuba is also well known to all practitioners and for much of the population in Cuba is forbidden to create any type of organization that is not controlled by the government.)
Therefore, the watchword to practice law in my own country is "admitted" that is, belong to an organization to which access is restricted to the extreme , and the candidates for admission must have other conditions, some of which appear formally expressed in the article 7 of Decree-Law No. 197 of 1999, among which stands out subsection d), which requires "social prestige and recognition." That is, stay tuned to the rule of Castro's ideology.
Parallel to all these requirements should be the real possibility of employment in a particular firm and the essential recommendation or endorsement by the Director of the unit or office, at all which is added a preliminary examination on the knowledge and mastery of the Rules Procedures in the Organization, which, to my knowledge, not studied at university and only be known if someone within the organization to obtain assistance.
A similar-but-true acceptable practice of the profession in the courts of Justice and the Attorney General's Office, as well as in those other units of state and government with special characteristics, which requires the ongoing work of a graduate in law, so that because of this situation and the absolute control of the employment by the government as sole owner and master of the basic means of production, many professionals are forced to serve in the economy of the state enterprise as legal affairs specialists, subordinate to the chief or director the entity that knows nothing of the activity and upon which their employment, economic evaluation and pay-pay limited to a paltry monthly salary in local currency, "without care, professional training and poor working conditions, making complaints and resolving issues worth thousands of dollars without receiving a penny in return, assessed on the results of their work the same standard as either a technician, which requires a change of workplace constantly looking for the slightest attention to the man.
This discriminatory situation in the occupation of the specialized class on the right shows a flagrant violation of the provisions in Article 45 of the Constitution of the Republic of Cuba with regard to that under text, the work in this society provides the basis, inter alia, "the choice of the worker and his skills and ability" and "is remunerated according to their quality and quantity." In the same way, violate the fundamental principles governing the Cuban Labor Law, specifically those covered in Article 3, paragraphs e) and ch) of Act No. 49 of 1984 (Labour Code), regarding the choice of worker, his skills and ability to provide work and pay equal wages for equal work.
This discriminatory situation is compounded by the politicized nature of our judicial system, which has the effect of lengthy proceedings in the courts and unfair judgments that directly affect and shame experienced professional who acts doing a good job and knows it has no choice but to accept and endure the frustration of their efforts.
is very difficult for a citizen with a vocation to the right, unable to exercise fully according to his ability and effort, which to me is a real frustration. I regret that the government does not allow the formation of independent lawyers' associations, composed of graduates can not be studying the state and by those with years of service paid his debt to the government. I am sure that the Bar Association of Current Agramontista, chaired by the experienced colleague René Gómez Manzano, would be a pleasure.
clarify that the remaining items regulator Decree-Law No. 81 of 1984 are "generally" performance standards "autonomous" National Organization of Collective Law, which may be cause for comment in later works, as in our claim it is closely related to the title of this simple but sincere writing, discuss the entire Decree-Law No. 81 of 1984 would be a big task and unproductive
* * Vicente Register Casas (The Havana, 1958): Self-taught. Technician Graduate in Law (1992) and Bachelor of Laws (University of Havana, 1998). Specialist in Housing. He has worked as such in municipal departments of the Cuban capital. He has served as consultant and legal adviser. Current member Agramontista. Reside in Havana.
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