- The 7 main functions of an attorney
- 1- Judicial representation
- 2- Legal surveillance
- 3- Promotion and defense of human rights
- 4- Legal advice
- 5- Streamlining of judicial processes
- 6- Disciplinary action
- 7- Legislation
- References
The functions of an attorney have to do with the defense of the assets, rights and interests of a nation. An attorney's office is the highest consultative and legal body of the public administration in a given country.
It is the entity that represents citizens before the State. This is used to evaluate public revenues and contracts.
The head of the attorney's office is also known by the name of the state attorney. In some Latin American countries it is a front-line position within the Ministry or Department of Justice.
The person who exercises this position is generally a lawyer specialized in procedural law. Sometimes, the attorney is a figure equivalent to that of the attorney general, the Ombudsman or what in Anglo-Saxon law is known as solicitor general.
The appointment of the attorney may be in charge of the Senate or the Congress of the Republic.
A solicitor can represent individuals and companies that, for various reasons, must go to court.
Ideally, a prosecutor's office can exercise its authority with full independence from the rest of the powers, and that it has administrative and financial autonomy; this would guarantee fairness in their actions.
The 7 main functions of an attorney
The functions of the attorney general's office vary from one country to another, but in general terms they could be listed as follows:
1- Judicial representation
It is the responsibility of the attorney to represent and defend the patrimonial interests of the nation. This defense may or may not refer to the judicial sphere.
It can also represent the State in cases of nullity, expiration, resolution, scope, interpretation and fulfillment of contracts signed by any of the organs of the national public power.
Such representation also fits in international issues that threaten or are related to national sovereignty and public finances.
2- Legal surveillance
One of the main functions of a prosecutor's office, after representing the State, is to monitor the behavior of public servants.
In this sense, from that instance, any violation of the regulations in force in a given country should be warned.
It is also empowered to intervene in civil and military jurisdictions when its holder, the attorney, deems it necessary.
The attorney general's office ensures compliance with the laws, decrees and resolutions of the government of a country.
3- Promotion and defense of human rights
Human rights are a concern of the attorney general's office. In fact, it defends the human rights of citizens.
In this sense, it urges the competent bodies to draft, discuss and issue laws that tend to promote and defend them.
4- Legal advice
Another important function of the attorney's office has to do with legal advice in cases of contracts that involve national public interest.
The scope of this advice is broad and includes autonomous institutes, foundations, associations, companies and civil societies that are owned by the State.
Every time a company or establishment of the State undertakes an action that compromises the rights, assets and patrimonial interests of the republic, the attorney general's office can intervene and advise on the integrity of such interests.
5- Streamlining of judicial processes
In an attorney general's office, lawyers have the power to process the necessary documents to speed up judicial processes.
Likewise, the lawyers that make up a prosecutor's office are involved in tasks such as the publication of edicts and announcements in the official gazettes, the payment of court fees, management and presentation of documents and notifications, among other tasks.
Those same lawyers must collaborate with the courts when managing the proceedings related to notifications, summons and subpoenas to the counterpart, whenever necessary.
The lawyers of a public prosecutor's office, through their daily work, come to know and understand the functioning of the courts better than anyone.
6- Disciplinary action
The attorney general's office is in charge of conducting investigations against public servants in the event that a disciplinary offense is suspected.
This also applies against those individuals in public functions or with activities that involve the handling of State money.
When the fault is proven, the attorney general's office is empowered to remove the public official in question from his position.
7- Legislation
The attorney general's office, in some cases, is concerned with the preparation of proposed laws that relate to areas of its competence.
References
- Active Citizenship (2007). Attorney: duties and functions. Recovered from: blogjus.wordpress.com
- Mata, Esteban (2015). Why is the Attorney General's Office important? Recovered from: nacion.com
- Office of the Attorney General of the Republic (s / f). Functions of the attorney. Recovered from: pgr.gob.ve
- Attorney's Office (s / f). Objectives and functions. Recovered from: procuraduria.gov.co
- Procuradores en la red (2014). What is a solicitor? Recovered from: procuradoresenlared.es