In the Name of Allah, the Merciful, the Beneficent.
Ladies and Gentlemen;
I am honored to be invited to attend the inauguration of the national training workshop organized by the Moroccan Bar Association. I feel overwhelmed with feelings of pride to be part of the judicial corps that unites judges and lawyers. I am also proud of our generations of lawyers who still preserve this cherished tradition, which awakes in our young professionals the spirit of defense. The latter is the highest level in the professional performance of lawyers, and it embodies the resilience of customs and traditions in a profession whose spirit is morals, and essence is the noble traits and lasting values.
Though the pandemic deprived us of the pleasure of meeting you for over two years, we still looked forward to this day with the patience of a saint. We thank God for his blessings and pray that He may continue to bless our country and people, God willing.
To this end, I thank you, President of the Moroccan Bar Association and President of the Bar Association in Nadour. I also extend my gratitude to Presidents and lawyers for giving me this opportunity to participate along you in this professional celebration that allows judges and lawyers to connect outside of courtrooms in order to discuss judicial matters and exchange views regarding the profession, as we are all considered justice practitioners, and according to the law on Regulation of Lawyers Profession, lawyers are a part of the judiciary.
Ladies and Gentlemen;
It is said that at its onset as a Parisian tradition during the 17th century, the training workshop was devoted to examining the profession’s status and its major topics, focusing mainly on professional customs and their established traditions. Therefore, allow me, Mr. President and Presidents of Bar associations, to address the trainee lawyers as they prepare to be part of the judiciary, in the same way I addressed their fellow trainee judges on the occasion of their admission to the Higher Judicial Institute a few weeks ago, with the same discourse that enshrines the moral dimension of the profession of lawyer, reminding them of the exemplary dimensions of advocacy, which transcend all outstanding qualities and morals that must characterize and be preserved by lawyers.
Ladies and Gentlemen;
The profession of lawyer is a profession of honor, nobility, and virtuous values. Thus, it deserved to occupy a lofty position among all intellectual professions. The high standing of the profession of lawyer is not dependent on the legal competence of its men and women alone, but it is mainly linked to the professional ethics that govern it.
The lawyer is known for the virtuous traits generally recognized among people, which elevate the individual’s position in society, and make him appreciated, trusted, and highly regarded. However, he should exceed these traits and adhere to other values attributed to lawyers, which seem to contradict the duties performed by lawyers. Accordingly, the profession of lawyer enjoys a unique position among occupations. It suffices to say that the lawyer receives his fee from his client, but he is not his employee. He advocates for or represents his client, but he is independent of him. The attorney also provides services to people for a fee, but it is not a payment.
The lawyer does not offer his services for sale…and he is not an employee willing to do as told. The lawyer is a servant of fairness, an assistant to justice, and an employee of his conscience…
The profession of lawyer is not a profession about earning a living; it is crucial to establish justice, defend justice, and assist in the search for the truth in order to bring justice to the oppressed, deter the oppressor, and allocate to every man his due. Therefore, it requires an unshakable conviction and a firm belief in the values of justice and equity, freedom and equality, the defense of justice and the rule of law, and the belief in principles of integrity and honesty.
Hence, the collapse of principles and values is what causes the most damage to the profession of lawyer and deprives it of its nobility, sanctity, and honor. Surely, the honor of the profession is upheld by the men and women who practice it; by their behavior and morals, their adherence to its ethics, their defense of its values and principles, and their fulfillment of its rules and professional standards. The nobility of the profession of lawyer is entrusted to lawyers… and you, trainee lawyers, must take this responsibility upon yourselves, uphold it and defend it, because it represents your honor, nobility, and dignity as future lawyers.
Defending the honor and dignity of the profession requires resisting temptations, confronting pleasures, and standing firmly against bargaining with the values and ethics of the profession, no matter the high offers and tempting prices that may cross your way or be offered to you.
It is, Ladies and Gentlemen, a fierce battle that will only be won by a clear conscience and complete devotion to the values of the profession. Because seeking to have a good reputation and heart, and feeling the weight of the responsibility of being a part of the justice family is the greatest thing required of a lawyer at the beginning and in the end.
Perhaps one of the lawyer’s duties is to respect the judiciary, trust its judgments, and use legitimate means and procedures to challenge and appeal judicial decisions. The prominent Italian guru, Piero Calamandrei, summed up this duty by saying: “Belief in the judiciary is the first duty of the lawyer”. His saying came in criticism of an infamous quote that makes “justice the luck of the draw”. Calamandrei considered this quote absurd and comes from a person who “regularly serves the judiciary without feeling its lofty message and carrying himself according to its ethics, only to end up feeling incomplete and, therefore, finds excuses for his inability and failure”.
He urged the junior lawyer to eliminate these improvised statements and their invitation to surrender, and advised him to have faith in justice and believe in it because “like all other sanctities, it does not reveal its bright face except to the believers”.
Dear trainee lawyers;
Calamandrei said that his father, who was also a lawyer, confided to him in his last days the following saying: “Know for a fact that court judgments are always fair. I have never found a reason to complain of unfairness in my 52 years of practice. Whenever I won a case, I believed that justice was by my side; whenever I lost a case, I believed that justice was by my opponents’ side”.
His father’s testimony raised many questions in Calamandrei’s head, and he went so far as to consider it naïve. However, he came to the realization that this sacred naivety, in argument or reasoning, is alone capable of elevating the nature and social status of the profession of lawyer. Instead of being a disgraceful game based on deception and fraud, it becomes a noble tool for achieving and uplifting social peace.
Blessed are those who joined the profession of lawyer with willingness and conviction. Congratulations on receiving the honor of wearing the advocates’ gown, which his Majesty honored by wearing…and his late father, King Hassan II, had declared his fondness for. I hope that you learn from your professors and choose the most ethical and faithful to the profession’s principles to be your role model. Your responsibility is to pick a good role model and example, for human nature always tends to resemble and be the best.
I ask the Almighty to bless your endeavors and guide you to a new rebirth of the profession’s principles, traditions, and customs, which have been long preserved by those before you and resolutely upheld by modern-day lawyers.
Wassalamu alaikum warahmatullah wabarakatuh
Section16, CP 1789, Hay Riyad, Rabat
sg@cspj.ma