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"Public Advocacy vs. Bureaucratic Employment: Role Strain and Identity Crisis among Legal Representatives in Dual Professional Contexts"
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Jamshid Hoseinzadeh Sharamin *   , Ayat Molayee , Seyed Hosien Malakooti Hashtjeen , Mohammadbagher Alizadeh Aghdam |
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Abstract: (193 Views) |
This study analyzes the paradoxical professional identity of legal representatives within Iranian executive agencies, who are situated between two conflicting paradigms: the "public attorney" model, which mandates loyalty to the law and public interest, and the "administrative employee" model, which requires organizational loyalty and hierarchical obedience. Employing a qualitative research design, this investigation combines Critical Discourse Analysis (CDA) of legal documents (notably Article 32 of the Civil Procedure Code) with interpretative phenomenological analysis of semi-structured interviews conducted with 15 senior legal directors from key executive bodies in East Azerbaijan Province. The findings reveal that the ambiguity in the legal framework is not incidental but stems from a systematic dual legislative policy. This policy deliberately exempts government legal representatives from core professional mandates—such as mandatory internships, competency examinations, and independent disciplinary oversight—that are rigorously enforced for private legal practitioners. This strategic omission systematically weakens the professional "public attorney" identity while reinforcing the subordinate "administrative employee" role. A detailed case study of a high-stakes public contract further demonstrates the operational consequences of this identity conflict: it erodes professional autonomy, triggers pervasive ethical distress, and undermines the internal supervisory function of legal units. The ultimate outcome is an increased propensity for high-risk decision-making that jeopardizes public assets. The study concludes that transcending this impasse necessitates a fundamental redefinition of the legal representative's identity within the legal system. It proposes a two-pronged reform agenda:
1.The Ideal Path: Transitioning toward an institutionalized model of "responsible public advocacy" with legally guaranteed professional independence.
2.The Operational Path: Implementing immediate, mandatory mechanisms for conflict-of-interest management and transparent reporting within the existing administrative structure.
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| Keywords: : Public Advocacy, Administrative Employee, Legal Representative, Identity Conflict, Dual Legislative Policy, Critical Discourse Analysis, Rule of Law Governance |
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Type of Study: Research |
Subject:
Special
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