Indipendenza dell’avvocatura e terzietà dell’avvocato. Due idee flessibili a servizio della tutela giurisdizionale dei diritti

The paper explores the concept of the indipendence of lawyers highlighting how this term usually refers to two different ideas. First, it refers to the independence of legal institutions from other State powers; second, it refers to the impartiality of lawyers with respect to the interests involved in the issue involved in the case. The analysis highlights how the independence of legal institutions is a prerequisite for the efficient and effective protection of clients’ rights, while the impartiality of lawyers is an expression of one of their duties of loyalty to their clients and, in particular, their duty to act with “professional detachment”.