The Right of Defence and the Deontology in Spain

Abstract

The professional deontology applicable to the advocacy plays a transcendental role in guaranteeing the effectiveness of the right of defense. This right, which is one of the pillars of modern legal systems, would lack relevance in practice if there were no professionals who could carry out their work protected by norms that ensure them certain guarantees, as well as requiring them to act in accordance with minimum criteria of professionalism. We will analyze the current deontological norms in Spain, just as the jurisprudence and the opinion of various authors, in order to understand the influence that certain matters of professional deontology applicable to the advocacy have on the right of defense, specifically, independence, freedom and legal professional privilege.