1. REASON TO REQUIRE REPUTABLE LAW FIRM?
Currently, most of legal practicing organizations (including lawyers' offices, law firms) tend to professionalize their orientation and development strategy. Some units specialize in business, sublicense, intellectual property, investment. Other law firms specialize in litigation or mixture that is diverse in all legal areas where the laws allow...
Therefore, when customers desire to be provided legal services related to litigation to protect their legitimate rights and interests or their relatives, they need to look for suitable legal organizations with lawyers and partners based on official information sources such as the press, media, social networks and acquaintances … to consider before the signing of legal service contracts.
2. FACTORS OF ADVOCATE?
First of all, a lawyer practicing organization with reputation for litigation should have provided consulting services and advocate services in court levels as the defense counsel the legitimate rights and interests of the person concerned. Specifically, the law firm must have a team of experienced, dedicated, highly specialized and professional ethic lawyers in resolving the all requirements of the customers in the cases such as criminal, civil, economics, labor, land, administration, marriage and family. Accordingly, lawyers grasped the clients’ situation shall consult to clients with legal aspects and orientations and guidelines resolved as follows:
- Consult strategy on dispute resolution; analyse and assess the strengths and weaknesses of the parties to the dispute;
- Consult on measures to resolve the dispute; represent clients in dispute resolution negotiations with partners;
- Investigate, collect and evaluate the evidence and documents; advice and assist clients in drafting, preparing documents presented in court, arbitration;
- Consult on procedures and processes related to the judgment enforcement; represent in civil judgment enforcement;
- Authorized representative and protect the legal rights and interests for litigants in civil, commercial, labor or administrative cases;
- Advocacy for suspected persons in criminal cases;
- Assign lawyers in the proceedings.
3. CRITERIA?
To evaluate a legal office or lawyers, many factors can be used. Basically, the following factors are included:
- Seniority in legal field: it is a part to evaluate because working experience can be grasped depended on the exact person.
- Reputation, name, brand … through many sources such as press, media, social networks;
- Working department, working environment or culture to analyze the lawyers’ professional services;
- Direct meeting and discussion to find out lawyers who can listen to or show the professional way of consultancy about the case.
4. PROCEDURES FOR DEFENSE LAWYER TO PROTECT CLIENTS?
4.1. Procedure to invite the defense lawyer/advocate:
The defendant who is not applied preventive measure of detention can directly come to invite a lawyer. If the defendant can’t come, he/she can ask the relatives as a parent, spouse or child to invite defense lawyers. Clients need to bring your identity card and other relevant documents (if any) …
After considering the documents and listening to clients, lawyer will give to them some advices, for examples the behavior of the accused/defendant can be committed any crime? Which competent authority is for investigation, prosecution and trial? How long for case settlement? What is the solution for the accused/defendant? ...
Based on the specific case, lawyer will consider about action plan to defend and inform the fee. In case customer agrees, the two parties will make the legal service contract.
4.2. Procedure to verify defense lawyer/advocate
Procedure to invite advocate and verify the advocate is followed:
In accordance with Point c of Article 4 under Circular No.70/2011/TT-BCA dated October 10, 2011 detailed the implementation of the provisions of the 2003 Criminal Procedure Code regarding the guarantee of the right to defense at the stage of criminal investigation:
“c/ In case the person in custody or the accused in detention asks a lawyer to act as his/ her defense counsel, the investigator shall guide him/her to write such request. If such request clearly states the full name and address of the defense counsel, the investigative agency shall, within 24 (twenty-four) hours, send such written request by registered mail or express mail service to the lawyer asked to act as a defense counsel. In case the person in custody or the accused in detention writes a letter asking one of his/her relatives (clearly stating his/her full name and address) to contact and ask a lawyer to act as his/her defense counsel, the investigative agency shall, within 24 (twenty-four) hours after the letter is written by the requester, send such letter by registered mail or express mail service to the relative of the requester.”
Thus, in that case clients need ask the accused/defendant to make the consent agreement to invite lawyer.
In addition, under the Article 5 of the above Circular, defense lawyer need have the below documents: lawyer card, request for lawyer invitation, introduction letter, lawyer assigned letter from bar association…
4.3. Procedure to invite lawyer for non-criminal cases
The procedures currently engaged lawyers to protect the rights and legitimate interests in the civil case, administrative procedure was conducted as a criminal case. And the establishment as a lawyer who protects the lawful rights and interests of the litigants will be implemented and conducted in accordance with the new rules of civil procedure two laws and administration. Detail:
Civil Procedure Law of 2015 pursuant to paragraph 4, paragraph 5 of Article 75;
Administrative Litigation Law of 2015 as stipulated in Clause 4, Clause 5 of Article 61.
Under Law on Civil Procedures 2015 and Law on Administrative Procedures 2015 effective from July 1, 2016, lawyer invitation procedure in civil, administrative cases will be conduct as procedures in criminal case. Meanwhile, the lawyer status will be verified through the two above-mentioned laws, detailed:
- Law on Civil Procedures 2015: Clause 4 & 5 of Article 75;
- Law on Administrative Procedure 2015: Clause 4 & 5 of Article 61
Online Legal Advice Hotline: International Advocate - 1900.599.979
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