Question:

I have a question I would like to consult with the company about sanctions against lawyers who do not perform well for clients.

Answer: Dragon Law Firm answer as follows:

 

Lawyers should care about protecting themselves during the practice. The operation of a Lawyer is mainly governed by the provisions of the law, the Law on lawyers and the internal rules of the Bar Association which are the Code of Ethics and professional behavior of lawyers. When violating the above provisions, Lawyers are legally responsible and this is not a theoretical risk but increasingly becoming a real risk. 


Basically the responsibilities of a lawyer include:

Being disciplined by the Bar Association:

A bar association is where a member lawyer registers operation. Because the bar association is a legal management organization, disciplinary measures may be imposed on violating lawyers. Forms of disciplinary action include: reprimand; warning; suspend membership for 6 to 24 months and remove your name from the Bar Association's list of lawyers. In fact, the application of disciplinary measures to pedagogical lawyers is very common and this is one of the main duties of the Bar Association Executive Committee at the proposal of the Commendation and Discipline Council. .

Administrative responsibilities:

State management agencies (usually the Department of Justice) may impose administrative sanctions on lawyers who violate the laws and the administrative liability is mainly fines. Administrative responsibilities are primarily applied in practice, though not as common as the disciplinary forms of the Bar Association.

The common violations responsible are:

- Practicing a law profession without a practicing certificate or having joined the Bar Association;

- Deceiving customers;

- Receive, claim any sum of money, material benefits other than remuneration and costs agreed in the legal service contract,

- Knowingly giving legal advice to customers who have opposite interests in the same case;

- Disclose information about the case or the client that the Lawyer knows while practicing, unless the customer agrees in writing or provided by law.

The fine level is from 500,000 VND to 30,000,000 VND.

Criminal responsibility :

Counseling lawyers must be criminally responsible for a number of acts related to securities transactions and the securities market in the provisions of criminal law. Specifically, the provisions on 'crimes of intentionally disclosing false information or hiding information in securities activities',' crimes of using internal information to trade securities', 'crimes of market manipulation. securities' and 'crimes of counterfeiting documents in securities offering or listing documents'. However, in reality, there have not been many cases where the Counseling Lawyers have to bear criminal responsibility.

Civil liability:

Lawyers or law-practicing organizations Lawyers must provide legal consultancy strictly according to the contents already signed in legal service contracts with clients. In case the consultant does not comply with the content agreed with the customer and causes damage to the customer, he / she must compensate. The customer may ask a lawyer for civil liability for the violation. In fact, claim is still not popular, however, reclaiming or reducing service costs are quite large. To deal with the risks associated with this issue, law-practicing organizations should buy attorney's professional insurance.

The above cases are cases where Attorneys are responsible for corresponding violations of commitments with customers under legal service contracts or intentionally violating the provisions of the law or the Union Charter. and Code of Ethics, Professional Conduct Lawyers. However, in practice, there may also be many cases where the lawyer has done it for the benefit of clients and at the same time fully complies with the obligations of the lawyer but the consultancy results are wrong and cause damages. Harm to customers.

Basically, Lawyers off Dragon Firm need the best effort to protect the rights and legitimate interests of customers. In countries under the Anglo-American law system, the law states that the lawyer is only responsible when the client proves that the lawyer does not make the best effort on behalf of the customer. Cases where a lawyer makes good use of all his knowledge and skills to advise clients but that opinion may still not be implemented due to objective reasons (for example, actions of state agencies or third party). In such a case, the laws of some countries are usually from the point of view of protecting lawyers and lawyers will not be responsible if they have completed all necessary jobs when giving advice to clients. Therefore, this should be clarified in the consulting contract between the client and the lawyer.

For more detail, kindly contact to Dragon Law at:

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Dragon Law Firm - Hotline: 1900.599.979

Website: www.vanphongluatsu.com.vn - www.dragonlaw.vn

Email: dragonlawfirm@gmail.com

Facebook: facebook.com/hanoilawfirm/

Hanoi Headquarter: Floor 14.6, Vimeco Blog, Lot E9, Pham Hung Str., Trung Hoa Ward, Cau Giay Dist, Hanoi

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