看到有网友说:“
在美国律师是法庭官员,又有护法执法的责任。"
这是一个基本概念错误。混淆了两个基本概念,一个是officer of the court, 二是court officer。
律师是officer of the court,但不是court officer。
律师是officer of the court,这是什么意思呢?
就是说律师类型的人具有一定的行为准则,而且对法院必须忠诚(不能说谎),违背行为准则,就会受到法庭的制裁。而不是说这类人有什么特殊的行政权力。相比之下,如果不是律师,法庭的很多规则就管不到。举个例子,律师无论在哪必须对法官表示尊重,否则法庭可能处罚律师,但如果不是律师,你在法庭外骂法官几句,他也拿你没招。这里,律师的一个职责就是不得对法庭毁誉。
律师除了上法庭代表当事人,没有任何其他特殊权力。而且当事人有绝对权力随时解雇律师,但律师却不能任意背叛、离开当事人。
如果美国100多万律师都冒充执法人员,不是天下大乱?
【"It has been stated many times that lawyers are `officers of the court.' ... The Court pointed out there, however, that an attorney was not an `officer' within the ordinary meaning of that term. Certainly nothing that was said in Ex parte Garland or in any other case decided by this Court places attorneys in the same category as marshals, bailiffs, court clerks or judges. Unlike these officials a lawyer is engaged in a private profession, important though 729*729 it be to our system of justice. In general he makes his own decisions, follows his own best judgment, collects his own fees and runs his own business. The word `officer' as it has always been applied to lawyers conveys quite a different meaning from the word `officer' as applied to people serving as officers within the conventional meaning of that term."... [Lawyers] are not officials of government by virtue of being lawyers. 】
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