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Not to forget

L. No 211 of 20.07.2000

Art a

"The Italian Republic recognizes the 27th day of January, date of the gates of Auschwitz," Holocaust Remembrance Day "in order to remember the Holocaust (extermination of the Jewish people), the racial laws, the persecution of Italian Jewish citizens, the Italians who suffered deportation, imprisonment, death, and those who, even in different fields and camps, have opposed the project of extermination, and at the risk of their lives they have saved more lives and protected the persecuted. "

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Gandhi was a lawyer Criminal Evidence

I wanted to publish a photo of this beautiful poster I saw only yesterday in the corridors of the Bar Florence, but I could not find one online. The Bar Council has decided to undertake this campaign communication, presented at the Genoa Museoteatro Prè the Commanders of the inauguration of the interactive space, "Your diritti il mondo che ami ” e della mostra “ Avvocati e libri…una lunga storia ”, con lo scopo di richiamare l’attenzione sulla funzione etico-sociale quotidianamente svolta  dagli avvocati.
Purtroppo, e questo è sotto gli occhi di tutti, la nostra professione subisce spesso gli effetti negativi di pregiudizi e luoghi comuni . Accanto a realtà drammatiche in cui gli avvocati, visti come minacce per i regimi dittatoriali, vengono perseguitati perché difensori dei diritti umani, ci sono contesti a noi più vicini in cui gli stessi sono, invece, spesso additati come professionisti senza scrupoli, corporativistici e mossi exclusively by economic interests.
is certainly not my intention to draw a veil of sanctity about a profession that is as it should be, lends a quality service in exchange for a fee. I was just glad to have read a text, speaking of a great man who has devoted his life to defend the weakest, wants to remind us all that every day in our small, we put our professionalism and service to others and we need to actively defend their rights.
Believing that is worth reading, below the text poster.

A life to defend the rights people.
Gandhi was a lawyer.

Just saw himself as a lawyer witnessed intolerance,
of racism, prejudice and injustice.

He was 17 when, a few years after the death of his father,
was sent to study law at University College London. It was 1888.

will be back in India in 1891 as a lawyer, just days after
obtained a license to practice law and entry registration,
armed with deep honesty and willingness to work.

soon realized, however, that so much study and dedication

not enough to be a good lawyer:

" Farsi subscribe to the Bar was easy, but it was hard
exercise, had studied law but had not learned to practice,
I read with interest the legal maximum
but did not know how to apply them to my profession. One of them was sic your uterus ut alienum non
laedes (use your property so as not to harm another human
) ", but I did not know how you could apply this
maximum benefit of its customers.
I had read the most salient cases, but I had used to guide the application

the highest law in the exercise of "
(Gandhi, My life for freedom)

Two years later, an Indian company hired him to follow
on his behalf in a lawsuit Natal - ancient province of
Republic of South Africa. Here he met apartheid and racial segregation
and saw his fellow
almost reduced to slavery. He decided to extend his stay
in the region to defend the rights of Indian immigrants,
facing local authorities in accordance with law.

with clients trying to establish a relationship of pure
and full cooperation. He looked for Justice acting according to justice,
basing its action on the search for truth.

" When I was a student I had heard that the job of the lawyer is the best job
liar, but do not let me influence, since it did not intend to solicit
neither money nor honor with lies [...] not
remember ever affected my plots to win the causes;
did not want any more or less of my skills,
my client won or lost the case .
(Gandhi, My life for freedom)

When she understood that action was needed to defend rights of the weakest and
decided to dedicate his life to the cause of justice, when he decided to oppose
justice to injustice, non-violence to violence,
Gandhi was a lawyer.

Your rights. The world you love.

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computer

For anyone interested, and was in the area, we mark this event to be held Friday, January 28, 2011 at the Faculty of Law of 'University of Eastern Piedmont.

This is the presentation of the book by Philip Novaro, computer evidence in criminal cases, hand-cut on practical digital investigations.

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Tuscany and Electronic Civil Trial

It was concluded by a few hours conference " civil procedure - The collaboration between the state and the region more accessible to a civil trial " organized by the Tuscany Region and Bar Association of Florence, I attended today the auditorium of the Savings Bank of Florence . Members Absent
illustrious Alfano and Brunetta who had been invited to sign the Memorandum of Understanding for the spread of the PCT, already approved by the giunta regionale.
L’introduzione è stata affidata al Dott. Fabio Massimo Drago , Presidente della Corte d’Appello di Firenze, il quale, partendo dai recenti dati sullo stato della digitalizzazione della giustizia (vedi qui ), ha ricordato come la regione Toscana, e Firenze in particolare, si siano distinte per risultati e impegno.
Come ha però sottolineato l’assessore al bilancio e ai rapporti istituzionali Dott. Riccardo Nencini , il raggiungimento del risultato ultimo, dare valore legale alla comunicazione digitale , può essere perseguito solo ed esclusivamente mediante una stretta collaborazione tra Stato e Regione concretizzato by signing a new Memorandum of Understanding (the first was signed in 2008) and by issuing a ministerial decree that recognizes that the region the necessary powers. It should, therefore, modified the regulatory framework.
the same opinion on April Dr. Stefano, Director DGSI. In a very realistic view of the current situation, even stated that " and resources are not likely to increase. We must optimize and then redistribute , such as making the transition from notification by mail to the electronic , certainly cheaper, especially if you think the recent price increases (see here ).

Among the many speeches of the day, some were purely technical and have allowed us to understand the functioning of the PCT from the perspective of those directly involved: lawyers, judges and court clerks. Interesting, and to me unknown, the possibility of using the CNS, the National Services Card , to make a secure user identification and, therefore, for authentication and digital signatures. As shown by the 'Leonardo Ing Pouches, Head of Information Systems and Services Regional Statistics Office Region of Tuscany, all citizens the region was sent a national health card with a chip . This will allow the network user identification in order to take advantage of telematic services of judicial offices, check their slopes and make payments of various kinds (including ICI, for example). The system will eliminate completely the use of username and password, making sure the identity of the user of the service.

Reflections closing of a long and intense day of study were left to 'Mr. Sergio Paparo, Chairman of the Council of the Bar Florence. After the hope of a fruitful and intensive cooperation future for the swift introduction of the PCT in the region, Paparo has not failed to point out how the legal profession, not only in Florence, should be open to these changes in terms of innovation and progress, but also transparency of the profession to eyes of the same customers who have the right to inspect their files and the work of professionals. The last words were, then, expenses for some considerations on the reform of the profession and the need to object to decisions that do not address the problems and current needs of our lawyers.

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Mitridatizzato? Surprise

mitridatizzare know what it means? A good dictionary would "gradually accustom someone to toxic substances, so as to render them harmless." A trick invented by Mithridates to escape attacks by the king greek experienced firsthand.
mitridatizzato I feel every day and perhaps survive the poisons that breathing steadily, but the habit that I fear most is that of my soul that could be done la fine di troppe anime  che la circondano.
Viva sì, ma piena di veleno che non viene nemmeno più riconosciuto tale. Giorno per giorno, da anni, ci arrivano notizie del tracollo morale della nostra politica che senza più vergogna cerca di ergere le proprie debolezze a virtù. Sempre più squallida, povera di idee, individualista.
Chi alza la voce per condannare queste pratiche viene additato come moralista perché quotidianamente l'asticella che separa il lecito dall'illecito viene spostata in direzione di quest'ultimo. Chi era in prima fila nel "family day" oggi sostiene che non concedersi qualche orgetta (o bunga bunga) è da finocchio comunista,  mentire è lecito, rubare da furbi. 
The rogue does not lose its support because its voter forgives sins every day and at most would prefer that more sinister silence descended on the guilty for not rubbish the country. If you have a moral means to be held up as a moralist, so be it, but my soul still recognizes the poison and what shocked me 15 years ago still gives me stomach turn.
not toss stones because the burden of sin weighs down my hand, but at least let me ask who is in check easy to blackmail and is mocked by the world can no longer claim the right to represent me.

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L 'Do not judge the Monaco, but the toga is a lawyer

Thanks to an alert from your twitter of Room Bar Frascati, I could read a resolution of Board of Directors of the Criminal Chamber Veronese issued on December 16 last year. With this communication, which is necessary because of the numerous reports, the criminal lawyers were asked to wear the toga during the hearings, as disposto dall’art. 104 del R.D. n. 3 del 1927 richiamato dal R.D. n. 1578 del 1933. In un bel passaggio viene precisato che l’utilizzo della toga non deve essere inteso come un obbligo bensì come un  onore  e un  privilegio . 

Sono assolutamente d’accordo e, in realtà, non capisco come mai la Camera Penale di Verona sia stata costretta a questo provvedimento. Il mancato utilizzo della toga può essere considerato solo un segno di pigrizia. Noi avvocati non siamo nemmeno costretti ad acquistarla e a portarcela dietro per le udienze. Io, ad esempio, non ne ho una mia eppure l’ho sempre indossata. Infatti, nella Most courts are made available to lawyers' robes to use during the hearings. There should be limited to take one and place it on his shoulders when you are summoned to appear before the court.

Starting from this alert and mindful of my little personal experience, I wonder, but you'll be losing a bit 'the featuring "formal" the profession?

certainly I do not go to court every day wearing shirts and suits, but I realize that more and more frequently seen in the corridors colleagues (often judges) dressed very casual, sometimes too: jeans, sneakers, t-shirt. Not to mention the summer when, with the excuse of the heat, you flaunt tank tops, dresses and flip flops.

From my point of view, I think there is a dress for any occasion and suitable for the role and the responsibility that rests with our title, out of respect for the judges, their colleagues and our own customers. L ' exception, then, is understandable, but can not become the rule.

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Lawyers Online you can find them on legality

Gli avvocati collaborano, si confrontano su questioni di diritto, chiedono e dispensano consigli, condividono dubbi ed esperienze lavorative. Solitamente questo accade nei corridoi dei tribunali, durante le lunghe attese per discutere un’udienza e sempre tra colleghi che si conoscono da tempo. 

Tiziano Solignani , avvocato in Modena, ha inventato, invece, una “stanza” in cui avvocati e giuristi di ogni parte d’Italia e non solo, possono conoscersi, incontrarsi o ritrovarsi per discutere di diritto, approfondire tematiche spinose e imparare dalla professionalità altrui. 

Questo luogo virtual call legality and is a Google group .

Active for 14 years, was the first born on the Internet, at present count legality 481 members, all strictly professionals . How do I subscribe? Very simple: just create a free Google account , go to the home page the moderator of the group and send a brief presentation with subscription request.

Once approved, the new arrival must report to other States from which they will be greeted with a warm welcome (it happened to me!). From that time can participate in the discussions already taking place or start again, getting the comfortably by mail updates on new messages posted .

Although the group is open only to lawyers and jurists, the archives of the discussions are available for public consultation.

As each community has its own legality code of conduct and participation: simple rules to follow to make fast conversations and to preserve the peaceful "coexistence." One of the most interesting, though not of primary importance, in my opinion is one that suggests avoid formalism : you prefer to you for understanding. Of course this is not an obligation. I myself find it difficult to give you the professionals older than me, age and, most importantly, training and experience. Still, the friendly tone that develops in these discussions seems to be one of the highlights of the professional relationships that are created in legality, and generally network. I have seen, in fact, that the Internet, bringing together strangers to each other but at the same time, putting a veil of separation between the speakers, also facilitates the relationships professional, to a level much more essential and free of embellishments. Among other lawyers "social" tend to be much more open and friendly!

Seriously, only a few days I too am part of this grupo. I have not participated very actively in the discussions but I read with great interest to exchange views of their colleagues. The level of the lawyers involved is very high and that is why legality, in my opinion, can be seen as a valuable tool for analysis and research. I therefore invite you to browse a bit 'in the archives conversations, and request your membership to the group!

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Right to read ... and not only

I love to read and, even more, buy books . When I was in college, just passed an exam, I went to the library to purchase the manuals for future examination. Keep them in hand was a joy: very new, clean, heavy and ready to be filled with marks, underlining, notes and leaflet.

Still, whenever possible, I like to enrich my desk with some books to study, even though certainly, the time to read and study are the same once!

Today we mark four books. The first two I have already, the others I've just ordered.

Dictionary of the Latin legal maxim and

of Paris Bertozzi

Ipsoa, 2009

This book was the a gift from a dear friend and colleague, when I obtained a license to practice. I find it beautiful! Born as an aid to the layman, I think, in fact, a very useful tool for us as lawyers. The use of Latin in proceedings, it is sometimes inevitable, some Latinisms, in fact, can not be translated or otherwise used to convey briefly the concepts that would not make the Italian language with the same thoroughness and accuracy. Here, then, a collection of over 1000 terms you always have on hand for a correct and conscious use of expressions that have been passed down from classical Roman law.

Law 2.0 - The web of legislation and case law

Elvira Berlingieri of

Apogee, 2008

For those who want to appear to the world of law of the Internet and new technologies , here is a complete manual and easy to get an initial overview of the legislation revolves around the Net in a simple way, the author explains the legal implications of using search engines, websites , blogs, social networks etc.., with particular attention to the violation of the right Copyright . Certainly this is a first taste that would, if of interest, depth and, above all, aggiornata con le ultime novità legislative (e tecnologiche!). 

Marketing e diritto 

di M. Maggiolino e M.L. Montagnani 

Egea, 2009 

Sono curiosa, questo è un dato di fatto! Il mio Google Reader contiene iscrizioni a blogs di ogni genere: tecnologia, attualità, letteratura e, perché no, anche marketing . Naturale, quindi, che nasca un interesse ad approfondire l’argomento dal punto di vista giuridico, trying to figure out what the legal implications involved in planning at the enterprise level market. After a little research, this was the only text that I found were in general the topic, so you can get a first idea of \u200b\u200bthe regulatory framework. Ordered a few days ago, are still waiting to receive it and start browsing!

Words and justice

of Bice Mortara Garavelli ;

Einaudi, 2001

Two days ago, talking about passion for reading and writing and the blog of literary criticism with which I work, a fellow devotee of linguistic advised me this text, he said, not really simple but very interesting. This is an essay legal language which, by analysis of the Italian legal texts, analyzes their discursive and rhetorical structure the grammar, the thematic progression etc.., Highlighting errors and inaccuracies and analyzing the ' communication effectiveness. The important final chapter on persuasive speech el ' oratoria forense . Anche di questo libro attendo la disponibilità in libreria con una certa ansia tipica delle persone molto curiose!

Avete libri da consigliare? Commentate questo post o scrivetemi !

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Brunetta: "we will do more with less"

Questo è lo slogan coniato dai ministri Renato Brunetta e Angelino Alfano nel corso della conferenza stampa sullo stato della digitalizzazione della giustizia , tenutosi ieri pomeriggio presso il Ministero di via Arenula.

A pochi giorni dalla diffusione della comunicazione di Stefano Aprile, direttore generale del dipartimento per i sistemi informativi automatizzati della Giustizia, che aveva fatto temere il blocco totale di tribunali e procure (leggi il post  qui ), il pericolo sembra del tutto rientrato ed ecco i due ministri presentare, orgogliosi, i risultati raggiunti in questi primi due anni e mezzo di legislatura. 

Nel  documento  sullo  stato dell’informatizzazione , si parla di “ enorme progresso nell’avanzamento del  program of computerization of civil justice Italian "in spite of the budget cuts.
data dissemination to seem edifying December 2010: presence in 100% and 76% respectively of the national courts of civil execution Information System and Bankruptcy Information System and Cognition Civil District . 88% of the seats of the Court of Appeals have the Web service Polis while still on an experimental basis, for example, the service electronic filing of injunctions .

also presented results of the project Digital Justice on 22 December 2010 and plan future operations. In government projects, the first operational phase scheduled for the new year will be to support and maintenance of information systems (read here ). Followed by a second phase of acceleration and rationalization that promises to give priority to full implementation of the Digital Administration Code and deployment of services in the courts Southern Italy.

Faced with criticisms on the failure to implement what was promised, Angelino Alfano answered by saying that this is only the halfway point of a law that has lasted five years and that there are still two more years and means for continuing to work and complete projects.

But what has been done so far, it really works?

Photo: source

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postal service: higher prices

On 25 November, the Ministry of Economic Development has determined new rates for the postal service of judicial documents, tariffs which came into force on December 30, 2010 (the decree here).
As you can see from the table below, the increases are not trivial.

course, increases have also affected the consistency of emission CAD and CAN .

After contributions unified and revenue stamps, here is a new increase of-pocket expenses of legal proceedings, costs che si ripercuotono direttamente sui clienti e, indirettamente, su noi professionisti obbligati, per questo, a richiedere fondi spese sempre più consistenti e, spesso, mal digeriti dagli assistiti.
Per fortuna gli aumenti sono arrivati solo dopo aver notificare l’atto di citazione di un mio procedimento per far dichiarare l’intervenuta usucapione della proprietà di un piccolo fabbricato rurale: ben 59 convenuti in tutta Italia e qualcuno all’estero, 59 notifiche oltre rinnovi e avvisi di ricevimento!

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I'm actually a lawyer!

Devo ammettere di essere rimasta un po’ stupita quando, aprendo il mio datato dizionario della lingua italiana Devoto-Oli, ho trovato, alla voce avvocato , la seguente semplice dicitura: s. m. (f. –a ; pop. –éssa ) .
Di certo non ignoravo l’esistenza della forma femminile del sostantivo in questione, come pure delle parole sindaca , ministra o architetta , ma pensavo di trovarvi qualche dicitura indicate that, if nothing else, the non-use or use very rare (especially in a vocabulary of more than 20 years ago). The late
approaching women in professions that until a few decades ago, were virtually excluded men, has certainly not encouraged the spread of these grammatical forms. But, nowadays, to see women in court is the norm.
If, then, the Italian language is so clear on this point, because every time you find yourself in front of Mrs. Mary Smith, a lawyer, not the lawyer is called ? Often it happened that I was asked if I preferred attorney or lawyer and I can not deny it, I also happened to be appealed as lawyer with a chuckle and a hint of sarcasm.

But these are exceptions. Most of the time there is a real embarrassment choice. The word seems cacophonous advocate and, as a lawyer , the senior colleagues, mindful of the feminist battles , fear of offending the pro in question, using a suffix is \u200b\u200bconsidered by many as derogatory or ironic. So he makes up with a neutral lawyer or an even simpler colleague.
Many women, then, prefer much rather be called with the professional title in the masculine, feeling belittled by the female equivalent, or simply believing that it is more correct to refer to the role and function performed regardless of their sex.
From what I have read, the correct way would advocate . I have no particular preferences. Out of habit I continue to use the men's title, but I am open to change!
I think the ugliness of the sound is overcome with a little 'habit of . In general, all the new words sound bad. In favor of the turnaround, then, I might say that if you start to use this term, we get rid of some small difficulty: how often, in fact, we happened by writing a letter, did not know how to tune our articles or adjectives with a professional? An example: I write " I am a young lawyer registered with the Order of Perugia " or " am a young lawyer registered with the Order of Perugia ?
This incident might be a little less incentive to make a habit of calling lawyers and feel !

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Privacy and Legal Information: my experience

The yesterday's press release of the Guarantor for the protection of personal data is now almost in response to many debates I have witnessed in this period.
For about three months, in fact, one of 40 lawyers involved in the Thesaurus Project, an initiative sponsored by the Bar Association of the Bar Foundation Florence in collaboration with the ' Centre for Civil Justice el ' ITTIG CNR. The project aims to create a database which encompasses all the judgments of the Court and Court of Appeal of Florence, open to public consultation and based on a system that allows the search for a particular case, not only the principle of law. We are currently working exclusively on civil judgments.
Our task is not easy, is to examine carefully the whole judgments and proceed to maximize their then identifying the keywords and regulatory references that will be the search criteria.
The need to protect the parties to the proceeding has been the subject of discussions of the working group as we tried to find a way of proceeding that was same for everyone, of course taking into account the increased sensitivity some situations than others. I, for that matter, I am a member of the group that deals with people and family and, until now, I am dedicated exclusively of its own anonymity rulings.
guidelines dictated that we proceed to work with are inspired by a uniform criterion of common sense more rigid than the provisions of the Privacy Code space, in fact, decided to anonymize all sentences, regardless of subject matter and lack of presence of record in art. 52 first paragraph of the Privacy Code, by modulating the degree of shading depending on the sensitivity of the interests involved.

The matter that I am covered in case there is an absolute prohibition dissemination of data, regardless of the request of the parties or interested parties. For this reason, in accordance with the then clarified by guidelines issued by the Guarantor , I was extremely hard not only eliminate any direct reference to the parties, witnesses or others, but also every detail that could in some way, give a clue to the identification of persons involved.

Paragraph 5 of Article. 52 of the Code sets a specific, further, banning the dissemination of children's data and the parties in court proceedings relating to family relationships and personal status. It
of a broader protection than that posed by the first four paragraphs of that article. The rule requires, in fact, to omit, in cases in which it considered not only the personal identification data and other protected persons, - as stated in the fourth paragraph - but also "other data relating to third parties from which also can be inferred indirectly the identity of such persons.

That said, reading the text of the communication, I still have a concerns in respect of a provision of the Privacy Code: The ' art. 52 paragraph 3 .

In the cases referred to in paragraphs 1 and 2, when filing the decision or measure, stationery or office shall authenticate and signs with the following annotation stamp, an indication of the extremes of this article: "If you omit the more general diffusion 'and other identifying information of ....".

Under this provision, the clerks would only be responsible for not having to put the record, however, do materially anonymity because of the measures to issue the copy is communication activities - not for the dissemination of information - and therefore excluded from the wording of Article. 52. Although I understand the rationale
disposition, I think that should be provided a limited number of cases in which the Court is unable to make copies containing sensitive data if the measure should be reproduced for the purposes of legal information on law journals, electronic media or through electronic communications networks.
This is because, in some cases, an injunction after the breach and the resulting damages may still not be sufficient to remedy the damage caused by the spread data. If this situation is often unavoidable, do not see why we can not prevent it where possible.

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The Constitution speaks to the citizens

On 30 December, Marco Giacomello , law student nearing graduation and blogger very intuitive, which I hope to host in my short space, has published downloadblog.it on an interesting article on the proposal to introduce Internet Constitution I had the pleasure and honor to participate with my opinion.
Last night, reading the post, I was struck by a phrase that I wrote myself:

I, for my part, I believe that the Constitution is so beautiful, with its high-sounding words, and sometimes archaic, but that, after all, already contain everything!

This statement is incorrect.

Our Constitution is certainly a solemn text and solemnity is given by what is for us citizens: the foundation of the Republic and democracy. I have a special respect for those 139 items ... as well as vocabulary, my favorite book.
But the Constitution is in fact extremely simple .
At a recent conference on the simplification of the administrative language, which I attended and I mentioned in a post , I have learned that our fundamental charter contains 1357 words in even 93 percent is part of the basic vocabulary of Italian. Over 1200 terms are among the most commonly used by people in their normal conversations. This means that the Constitution does not contain difficult words, or high-sounding archaic. The Constitution speaks the language of its citizens.
It is in this that I believe is his strength in having survived to different historical eras and the evolution of language but of thought, keeping unchanged the necessary authority. It is a text that speak to people because include the citizens, all citizens, regardless of age, qualification or profession.
So I wonder, and it's really a question, do not take a stand: the right to think is to modernize the language of the Constitution to make it more consistent with the state of technology ? Maybe it is for me and for those who know about the internet, what is broadband, an email, the iPhone, a podcast. But it is for, how can it be my granny, is that "internet" is a word a little 'hard to pronounce? Maybe not, because the Constitution is all and is designed per sembrare cucita addosso ad ognuno di noi.
Non tacciatemi di essere conservatrice perché non è la verità. Ritengo solo che sia doverosa un’attenta riflessione prima di modificare anche solo una virgola del testo costituzionale, per rispetto di un simbolo che accomuna un’intera nazione.

Per la storia di questa foto, vai al Salotto di Marckuck .

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But .... sincerely thinking about it ... Happy New Year 2011

... NOT better to abolish all religions??