The importance of the figure of lawyers in society, as a social function they perform together with other legal operators, has been the driving force of this study, which aims to analyze how through the creation of Deontological Codes makes society trust in that collective, lawyers, who are guided by ethical principles or behaviors.
For this, a thorough analysis of the Spanish legal system will be carried out, as a Constitutional State, in which the ruling and the law will be our most important sources and will conclude, with the importance that the lawyer represents, the language and the legal expression as means of persuasion.
The lawyer is that professional of the right, free and independent that defends the rights and public and private interests by means of the application of the science and legal technique, this professional in the performance of his exercise is accompanied by other professionals such as, the judges that are the holders of the Judicial Power, who exercise the jurisdictional function according to the principles of legality, unity, exclusivity and responsibility;
The Public Prosecutor’s Office whose function is to promote the action of justice in defense of legality, the rights of citizens and the public interest protected by law, ex officio or at the request of the interested parties, as well as ensuring the independence of the Courts and to try before them the satisfaction of the social interest; The Public Prosecutor’s Office, acting through its own bodies, exercises its functions in accordance with the principles of unity of action and hierarchical dependence, and also subject to legality and impartiality;
Prosecutors are those legal professionals who represent their clients before the courts and tribunals exclusively in each litigation; and the legal professional social graduate also legitimized for intervention in judicial processes, but limiting its function to areas of labor law and Social Security.
All of these professionals that we mentioned above as well as any other professional are guided by a code of conduct or also called deontological code.
Deontological standards are aimed at guaranteeing, through their freely accepted consent, the proper execution by the lawyer of his mission, recognized as indispensable for the proper functioning of any human society.
Failure to observe these rules by the Attorney must ultimately lead to a disciplinary sanction.
Finally, the importance of legal expression and legal language for achieving the objectives proposed will be considered for every jurist. The best method to achieve this will be the legal discourse that persuasion has at last.
ethical and psychological, through the oral word. Although it will be developed more in depth, it will be through language, which through legal argumentation will lead us to the application of the specific case, conflicting between the parties.
And it will be through legal argumentation that the legal reasoning with which the professional tries to delimit the conflicting case is expressed linguistically.
Strictly speaking, we understand by juridical order the articulated set of legal norms in force in a State: a set that constitutes a formal logic unit in which, starting from a primitive fundamental hypothetical norm, all the rest are derived, in a concrete process, from such form that each norm constitutes the validity budget of those that are concretion or execution of the same (H. Kelsen).
In a broader sense, norms would be but one of the elements of ordering, which is, first of all, the result of the organization of a social group; a complex reality in which the political, axiological, social and organizational elements constitute the basis on which the norms appear and operate (S
The legal system is made up of a plurality of norms and it could even be said that complex, in that each one comes from different instances.