The disciplinary liability of legal persons

Abstract

With the entry into force of the General Code of Procedure, a new provision was included within the normative of the country, according to which: A legal entity whose main corporate purpose is the rendering of legal services may be granted power of attorney. In this event, any legal professional registered in his certificate of existence and legal representation may act in the process. The foregoing, without prejudice to the fact that the legal entity may grant or substitute the power to other lawyers outside the firm. " (General Process Code, article 75, subsection 2, 2012)

As it can be read, the authority provided by the rule in appointment allows legal persons of this nature to exercise their social object through its various partners or members, for the purpose of managing the orders of their clients. This undoubtedly rigged the possibility that, in very specific cases, the violations perpetrated by the pre-named subjects on the duties imposed by the practice of law, remain unpunished in relation to the same legal entity. While it is true that each of the litigants offenders is called to respond in a personal capacity by their misconduct or negligent, it is also true that the moral entity, as manager of the primordial power, you have the legal duty of monitoring the work carried out by its spokesmen and, otherwise, the proposal is that it must respond in the same plane of equality for faults committed by the attorneys or linked, whether internal or external.