Many people believe the legal profession requires only theoretical knowledge. Of course, knowing legislation and the ability to use it correctly are the main attributes of a lawyer. However, it is not enough. Another element is a professional culture. Professional culture is a culture of a group of people that are united by their profession. It is based on the principles of general culture, yet it is different according to the features of the implementation of its tasks and functions. The structure of the professional culture of a lawyer is wide enough. We decided to pay attention to the psychological kind.
A lawyer works with many people, each of them, according to their position in the legal process (a client, a judge, a prosecutor, etc.), has different opinions and views on the case. Usually, clients do not understand a specific of Law, what makes a lawyer to find correct words and to make the whole situation clear for them.
The psychological culture of a lawyer is an organic unity of psychological education of will, relevant professional and psychological qualities that cause effective influence on the regulation of legal relations in society [1, c. 56].It should be understood, that psychological culture of a lawyer has a specific structure that includes next elements:knowledge of the mental composition of man, comprehension of the psychological and legal essence of the fundamental categories of jurisprudence; confidence in the need for psychological knowledge for highly professional activities; ability to use psychodiagnostics in the process of communication, to reveal the mental states of various subjects in specific situations of professional activity, to feel the nature of human behavior: the client, the suspect, the accused, etc.; psychologically behave accurately when considering a legal case [2, с. 29].
Another important feature of that culture is variety of temperaments. Temperament, in psychology, an aspect of personality concerned with emotional dispositions and reactions and their speed and intensity[3]. The type of temperament must be taken into account in the activities of a lawyer in the process of communicating with different categories of people, be able to diagnose it in order to determine the optimal mode of interaction, establish psychological contact, choose ways to influence personality. Depending on the type of temperament, a person may react differently to one or another stimulus [4, с. 167]. There are four main types of temperaments: melancholic, sanguine, phlegmatic, choleric.
Sanguine temperamentis characterized by the mastery of psychological methods of influencing people is characterized by great mobility, activity, but is dominated by balance, order. Such a lawyer quickly gets in touch with inter locutors, quickly gets acquainted, actively of fershis services, dynamically solves problems.
Choleric is characterized by imbalance, feverishness, irritability, agitation and unpredictability. He has a strong nervous system, can perform tasks of increased complexity, work in an extraordinary operational environment. But a choleric lawyer needs constant monitoring, which is accompanied by demanding.
A phlegmatic lawyer is characterized by a stable psychological culture. Confident in making decisions, it is difficult to get him mad, he relies only on his own discretion.
A melancholic lawyer is characterized by a weak, unbalanced, inert type of nervous system. Such lawyers are very vulnerable, often despair and feel helpless [5, c. 170-175].
Thus, legal profession includes not only knowledge of the law, but various aspects, such as psychological culture. Psychological culture gives a better understanding of a lawyer's behavior according to his type of temperament. It helps to find correct words to provide connection between lawyer and other participant (client, judge, prosecutor, investigator etc.).
References:
1. В.О.Криволапчук О.М. Пасько, О.М. Цільмак Юридична деонтологія (альбом схем) – Одеса: ОДУВС. – 2009 – 84с.
2. Тетарчук І.В. Юридична деонтологія. Для підготовки до іспитів. Навчальний поcібник. – Київ: ЦНЛ. – 2017 – 158 с.
3. Britannica. Psychology and Mental health. Temperament. [Електронний ресурс]. Режим доступу: https://www.britannica.com/topic/temperament
4. Ковалев А. Г., Мясищев В. Н. Темперамент и характер // Психология индивидуальных различий. Тексты / Под ред. Ю. Б. Гиппенрейтер, В. Я. Романова. — М.: Изд-во МГУ, 1982. — С. 167–171.
5. Сливка С. Юридична деонтологія. Підручник. Вид. 2-е, пере-роб. і доп. – К.: Атіка, 2003. – 320 с.
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Scientific advisor: Vodolaskova Kateryna, Ph. D., Associate Professor, National Aviation University
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