L 'UOA (Organism Unit' s Advocacy ) with a resolution of 18-19 February 2011 opened a state of agitation and Advocacy declared abstention from the hearings and any judicial activity 16 to 22 March 2011 in protest against the Legislative Decree 28/2010 and the non-extension of the mandatory mediation settlement. That launched the strike against the Conciliation.
epochal attempt to change the course of events in Justice introducing the mandatory settlement, as happens in most countries by time, has not really met the approval of 'UOA, especially before the confirmed non-mandatory technical presence of the lawyer. Interpreted as heretical sacrilege of professional prerogatives.
But circumstances and the times when this has failed to mature form of protest, culminating with the pronouncement of the strike and advocacy abstention from the hearings for a week (reduced to net three working days due to Holiday periods), lend themselves to some consideration of opportunities and strategic purpose , which could counter-move in favor of damage.
1) STRIKE of legal action against the Conciliation coincides with the solemnity of the 150th mo Unification of Italy and its celebrations which are dated March 17, 2011 sculpting clearly in the Register History of the nost ro country. One Country, 'ITALY, currently struggling to maintain cohesive, to maintain unity and solidarity, to find a modus and a just rule of civilized coexistence among all its different social classes and souls. In addition to struggling to maintain incomes, particularly in a professional at a time of devastating economic crisis, whose effects continue to exist, in my view, for others 5 / 10 years. Perhaps the abstention from participating in the civic duty that the Constitution assigns Avvocatura can feed this social disconnection, rather than being valued glue? In an exact moment in which incenses UNITA 'of Italy and many Italians are celebrated who have given their lives to allow the difficult achievement, the strike advocacy from the prerogatives that the Constitution assigns may be an element of tune, dissonance as serious, compared to the patriotic spirit celebrated?
1) STRIKE of legal action against the Conciliation coincides with the solemnity of the 150th mo Unification of Italy and its celebrations which are dated March 17, 2011 sculpting clearly in the Register History of the nost ro country. One Country, 'ITALY, currently struggling to maintain cohesive, to maintain unity and solidarity, to find a modus and a just rule of civilized coexistence among all its different social classes and souls. In addition to struggling to maintain incomes, particularly in a professional at a time of devastating economic crisis, whose effects continue to exist, in my view, for others 5 / 10 years. Perhaps the abstention from participating in the civic duty that the Constitution assigns Avvocatura can feed this social disconnection, rather than being valued glue? In an exact moment in which incenses UNITA 'of Italy and many Italians are celebrated who have given their lives to allow the difficult achievement, the strike advocacy from the prerogatives that the Constitution assigns may be an element of tune, dissonance as serious, compared to the patriotic spirit celebrated?
2) The STRIKE of legal action against the Conciliation coincides with the entry into force March 20, 2011 Sunday, indeed, the 21 next Monday, the Civil and Commercial Mediation. This legal arrangement intended by the legislature should act as a strategic move in the direction of change of optics: ARSIA Dimicandi Ars conciliandi or habit to the clash, the settlement entered into the habit of bad positions and interests . With beneficial effects (hopefully) on the justice system-and even beyond the country system, since the Mediation allows the reduction of personal and social costs related to the conflict, the release of national resources, and participation in the conduct of the parties the procedure, and then the opportunity to express themselves the true and actual needs, the underlying dispute. I ask then, a series of questions. The image could be adversely affected by the strike Advocacy called for its anti-anti-Conciliation and Mediation? That could change in public opinion, the belief that the category would not be a lawyer working hypothesis that, at least on paper and in the best of intentions are for the benefit of the community, holding office, and the decline in litigation, as well as the abbreviation Definition of disputes? The community could pose the question and interpret the same way as the Strike dell'adagio "Due to hanging, because that makes it", so as to interpret it as a desperate attempt to maintain the status quo? The Public Opinion may also consider the ranking of the social role (social footprint) of the category the same way as what This aims to tackle?
3) The Advocacy STRIKE is not designed to produce positive effects individual, because it is fighting those that are carried out new job opportunities or expect to achieve. Indeed, the strike would continue on the same line of opposition to the strategic change that is bringing other professions to take advantage of the professional jobs and unexpectedly left unprotected within miopemente MediaConciliazione. The lack of conviction of a representative part of the important advocacy as' OAU could become heavy delay adjustment, and perceived by the public as a vain attempt to staunch defense of pensions already difficult position to defend themselves in a world where speed Light is one to which the change occurs at all levels. Even in the professions, in their highly conservative and granite. I had the opportunity to express my thoughts this week before the columns of my Linkedin Group Discussion on Conciliation, which I invite you to join.
4) The Advocacy STRIKE just does not seem to have convinced all the members , as it turns out, the Council 's Bar Association of Ancona, for example, passed a resolution expressly NOT AGREE, confirming beliefs similar to those expressed in these lines and relying on the smooth operational functioning of the Dispute Resolution Chamber of Ancona at the local courthouse, as well as the city of Ancona District Court of 'Appeals. So anybody out there from the pack, as there are so many young colleagues who are lawyers by lowering the ax of war against Mediaconciliazione, approaching it with a more proactive and do a glimpse of the hidden but significant relevant aspects, which can result in a different way but more to appease Profession in Italy in the third millennium.
5) The risk is that the lawyers 'strike not part with conviction by all colleagues, especially from younger, but stubbornly pursued by' UOA, in counter- could boomerang to the disadvantage image of the whole category and his Social Role perceived by the public. A boomerang-type Australian, as it may push the common sense so adverse, rather than in favor, the legal profession, in spaces too far to reach all the way to pick it up.
Gian Marco Boccanera.
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