Research and development in private law

Research and development in private law

Legal Evolution Through Technological Advancements in Contract Law: A Case Study of Electronic Attorney-Client Agreements

Document Type : Original Article

Author
Former justice of the Supreme court and the head of the Iranian Law and Legal Research Institute , Tehran, Iran
Abstract
The rapid development of information technology and the expansion of digital communication tools particularly in the realm of e-commerce have necessitated a redefinition of traditional legal concepts. One of the most significant of these is the attorney-client agreement, which, when executed electronically, introduces novel legal and procedural dimensions. Adopting an analytical and comparative approach, this article examines the nature and legal implications of electronic attorney-client agreements, analyzing their differences from traditional contracts of the same nature.This study explores key legal frameworks, including ecommerce regulations and consumer protection rules, while addressing challenges such as the validity of electronic signatures, the seven-day withdrawal right, and the contractual liabilities of the parties . The findings indicate that, despite maintaining the traditional nature of attorney-client contracts, their electronic form imposes additional legal requirements, such as transparency obligations, pre-contractual decision-making periods, and the invalidation of unfair terms.By analyzing a ruling from the French Supreme Court, the article underscores the necessity of legislative reform to develop a more comprehensive regulatory framework in Iran. Such reforms should align the legal system with digital advancements while ensuring the legal security of the contracting parties.
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