LIMA, A. C. S.; LIMA, Antônio Cassiano de Souza.
Abstract:
Civil Responsibility is closely linked to the idea of legal duty, so that a violation of an original
legal duty, the consequence of which is damage, generates the subsequent legal duty to
indemnify. The logic comes from the principle that anyone who causes harm to another
person, be it moral or material, must restore the good to the state it was in before its harmful
act, and, if recovery is not possible, it must compensate the one who suffered the damage.
Thus, the lawyer will be civilly liable for the damages he causes to the client. Liability is the
counterpart to the freedom and independence of the lawyer. The lawyer has an obligation of
prudence. The lawyer incurs civil responsibility, who, imprudently, does not follow the
recommendation of his client, nor asks for instructions to follow them. The present work aims
to expose the essence of the ethical and civil responsibility of the lawyer – a indispensable,
inviolable, indispensable agent in the administration of justice, showing when will
occur objective or subjective responsibility, pointing rules and exceptions in each case.
Therefore, arises the necessity of an ethical and responsable behavior of the lawyer,
demonstrating expertise in the performance of his activities. However, most of the times this
presunction is not confirmed, Our purpouse is realize a discussion about the civil
responsability in this cases. The present study used the bibliographical research, analysing
books, magazines and scientific articles published on the subject. That way, the objective is
draw a comparison between responsabilities, rights and duties of the lawyer and his client,
and consequently answer doubts without drain the questions about the theme, as well as warn
law students and professionals about the responsability that results from the exercise of
the legal profession, especially because the theme is little discussed even though in Brazil is
growing the civil liability of the professionals for their faults.
