DUTIES OF LAWYER TO THE COURT

VIETNAM NATIONAL UNIVERSITY OF HO CHI MINH CITY UNIVERSITY OF ECONOMICS AND LAW FACULTY OF LAW ====●O‫۝‬Ο●==== LEGAL ETHICS Topic 5: DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC AGENCIES; RELATIONSHIP WITH OTHER LAWYERS Ho Chi Minh City, October 22, 2017 CATEGORY PREFACE Chapter DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC AGENCIES; RELATIONSHIP WITH OTHER LAWYERS IN VIETNAM I PRINCIPLES OF LAWYER RELATION BETWEEN JUDICIARY BODIES AND OTHER STATE AGENCIES 1.1 Study purpose, significance 1.2 Codes adjustment 1.3 The cause forming the relationship between lawyer and the judiciary bodies and other state agencies 1.4 Nature of relationship 1.4.1 The relationship between lawyer and judiciary bodies 1.4.2 The relationship of the lawyer and other state bodies: 1.5 The behavior of the lawyer in relationship with proceeding authorities 1.6 Laywers are forbidden form the following in relationship with judiciary bodies 11 1.7 The behavior of the lawyer in relationship with other state bodies 12 1.8 Practice: 13 II THE RULES OF RELATIONSHIP WITH COLLEAGUES 14 2.1 Study purpose 14 2.2 Study significance 15 2.3 The behavior of the lawyer in relationship with colleagues 15 2.3.1 Rule 15: Protect dignity and credibility of the lawyers 15 2.3.2 Rule 16: Respect and cooperate with colleagues 16 2.3.3 Rule 17: Colleagueship among lawyers 18 2.3.4 Rule 18 Profession Competition 19 2.3.5 Rule 19: Code of conduct in case of right and interest conflicts with colleagues 20 2.3.6 Rule 20: Behaviours forbidden in relationship with colleagues 21 2.3.7 Rule 21: In relationship with lawyer social – professional organizations – and legal practicing organizations 22 2.3.8 Rule 22 In relation with the lawyer apprentice 23 2.4 Practice 24 Chapter DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC AGENCIES; RELATIONSHIP WITH OTHER LAWYERS IN FRANCE 26 INTRODUCTION 26 I THE DUTIES OF THE LAWYER 27 1.1 The principe of independence 28 1.2 The principe of loyalty 29 1.3 The principe of confidentiality 30 1.4 The respect of the professional secret 30 1.5 The duty of information, advice and diligence 32 II THE RELATIONSHIP OF THE LAWYER 33 2.1 The relationship of the lawyer with his client 33 2.2 The relationship of the lawyer with his colleagues 34 2.3 The relationship of the lawyer with the other agencies 35 CONCLUSION 36 REFERENCE MATERIALS 37 PREFACE The form of principles of ethics and lawyer professional behaviors relax to judiciary bodies, other state agencies as well as colleagues have particular importance in evaluating positions, the roles and the effectiveness of lawyer professional activity Deeply experienced, flexibility and clever application of the rules will help to raise the lawyer’s sense of self-awareness to execute obligation ethics and professional behaviors and communication; to limit errors, misconceptions and violations, to improve the efficiency of work, to contribute to the social function of lawyer, to establish strong position and effective voice in the cause of state’s jurisdiction, respect and protection of human rights in the judiciary, gain respect from judiciary bodies, other state agencies and colleagues CHAPTER 1: DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC AGENCIES; RELATIONSHIP WITH OTHER LAWYERS IN VIETNAM I PRINCIPLES OF LAWYER RELATION BETWEEN JUDICIARY BODIES AND OTHER STATE AGENCIES 1.1 Study purpose, significance Due to the require of professional activity, the relationship between lawyer and judiciary bodies has established a regular and close To specific the principles in this relationship requirement in legal awareness Understanding the principles, lawyer will pay attention, build, establish relationships lawyer and judiciary bodies, promote better, healthier relationships, proactive positive and above all is to bring benefits of legal work 1.2 Codes adjustment Lawyer’s activity is a judicial supplementary activity, which is inevitably relate to how the judiciary bodies at all phases of the proceedings Lawyer’s activity is not only stipulated in Lawyer law, the Decrees stipulating details and the Circular guiding to make of Lawyer law which are almost related to all legal documents, litigation areas Lawyer not only appears to institute the defense counsel through criminal cases but also the preserver of legal rights for the litigant or the representative for the litigant in civil, administrative, economic, labor,… Lawyer not only participates in legal action but also participates in arbitration lawsuit disputes In addition, the provisions in Rules 23, 24, 25 of the Vietnam Ethical Rules and Code of Conducts for Lawyers, issued in accordance with Decision 68/QD-HDLSTQ 20th July 2011 of national lawyer council In essence, lawyer’s activity is presented in all legal relationships, involved in legal protection for organizations and citizens in various legal capacity 1.3 The cause forming the relationship between lawyer and the judiciary bodies and other state agencies - Cause 1: In reality, the legitimate rights and benefits of citizens is at risk of being harm Therefore, to assure the right of the counsel – subject executes an essential exculpate function - is considered to be an indispensable condition for ensuring the principle of fair litigate, giving criminals the change to access to justice and proceeding in criminal has its intrinsic democratic nature - Cause 2: At present, laws determine in specific legal status of the judiciary bodies with defenders is different, to a degree that there yet to have legal and practical equality In social terms, lawyer has not been recognized as an independent judiciary, so he has not been involved more in state of law building process and democratizing aspects of life, have yet cover all the provision of legal services to citizens, especially underserved regions, economic zones, rural areas, mountainous areas, islands,… To a certain extent, the judiciary bodies, other state bodies and society perception on the position, the role of lawyer is disregarded, indifferent and place this important professional in general position of interaction and criticism as constituting constituent judicial operators - Cause 3: On the other hand, also pay attention to the fact that some lawyers lack of professional skills and ethics, so throughout practice of profession process, only interests in customer’s benefits at all costs, resulting in poor awareness, behaviors and actions to the judiciary bodies and other state bodies, born the idea of “your right, my right”, lead to the risk of law violation, ethics and behaviors in practice Therefore, the correct concept of opponency relationship between criminal procedure functions, identify essence of relationship between lawyer and the judiciary bodies and other state bodies is important in each lawyer’s practice in profession When performing their social function, lawyer also contributes to build socialist state law process, guarantee of human rights, the bridge to transmit, bring law into society, healthy society relationship and is the basic to help each lawyer have a right choice of behavior 1.4 Nature of relationship 1.4.1 The relationship between lawyer and judiciary bodies Lawyer contact, accurately identify judiciary bodies, officials to participate in the lawsuit, participate in interrogation sessions, work between investigators, procurators and judges with the defendant; carry out some activities, operations, skills, exercise the rights and obligations, what should be done and what should not of the defense counsel in criminal lawsuit… Lawyer must know how to apply, being flexible, proper when involved in each sphere of work or litigation stage, makes requests or recommendations, petitions are accurate and appropriate (1) Attitudes and behaviors when participate in lawyer’s court (and through lawyer, is client’s attitudes behaviors) to the litigants position, the role of lawyer in the litigation Art 22, LAW On Lawyers 2006 Art 24, Art 76 Civil Procedure Law 2015 Art 76, Criminal Procedure Law 2015 shows objective truth of the case, on the basic of protecting the client’s rights and benefits Perception and behaviors in life, ensure in handling these relationships in a healthy, standard way, without engaging, mediating and interconnecting judiciary bodies and officials into illegal act, or deliberately misleading the acquaintance to influence the client’s choice of lawyer; defame, offend, affect the reputation of judiciary bodies.(2) 1.4.2 The relationship of the lawyer and other state bodies: When working with representational behavior outside litigation, the lawyer advises or provides some legal vevices to customer The scope of this relationship is often more fexcible, abundant and multitorm than he hard standard when joining the litigation in criminal case It is this difference that the lawyer defy some have priciple such as preparing posture, attitude, action and behavior to state bodies or the person being responsible for solving the work, demand of customer The state bodies are subjects that the lawyer often exchange, contact They have a lot of different rank and form, expand all field of life and society In order to have standard behavior an attitude and respond the demand of customers, the lawye need understand jurisdiction, function and duty of state bodies, person being reposible for solving the work as well as process, solving-time, limit of advise and obility to respond demand of customer On the other hand, this relationship also have many conflict because the lawyer can't respond demand of customers, they will be angry and complain, report to rise suddenly in rank and untrue Therefore, this effects negatively to solving-process as well as prestige of state bodies Obeying and using principle of the moral and the behavior Art 9, LAW On Lawyers 2006 correctly will help the lawyer reach belief from customer, and the respect from state bodies to them 1.5 The behavior of the lawyer in relationship with proceeding authorities According to Rule 23 in Vietnam Ethical Rules and Code of Conducts for Lawyers (Issued in accordance with Decision 68/QD-HDLSTQ 20th July 2011 of national lawyer council)(3) - Lawyers must stricly comply with the regulations in relation to judiciary bodies; cooperate, respect and remain polite with those officials in the judiciary bodies This is clearly provided in this principle - Lawyer can exchange professional opinion with officials in the judiciary bodies during the process of case handling, if necessary and beneficial to client, however, still remain independent, not affected by other opinion which affect the protection for clients However, the perception of the scope of contact, location of contact and understanding of what is "exchange of professional opinion" with officials in the judiciary bodies should be clarified The contact and exchange in principle should be conducted openly, at the office of the judiciary bodies, in the office hours, related mainly to the exchange of grounds for conviction and evidence, provided collected document by lawyers, verified or requested justifyings to protect legitimate interests, change the preventive measures for client, Lawyers need to acknowledge the contact and exchange of opinions on the business is necessary and beneficial to client, so must be independent, not dominated or depended on other opinions which may affect their opinions, defense plans, protect clients' legitimate interests - At court, lawyers comply with the court’s regulation, respect judiciary council, representative from procuracy; well behave when practice the witnesses and other Vietnam Ethical Rules and Code of Conducts for Lawyers (Issued in accordance with Decision 68/QD-HDLSTQ 20th July 2011 of national lawyer council) involved persons; not speculate subjectively to convict other person or have words to harm the client; not postpone or delay the judiciary proceedings by unreasonable or immoral manner In fact, some lawyer’s point of view always covers subjectivity, the issue that needs to be differentiated is avoiding unilateral and subjective aware cause that words, actions and documents sent judiciary bodies have the words and sentences which are provoking, shooting, accusing others This often happens in practice, either because the attorney's position is based on different interests of the client, or because of the lack of restraint resulting in a personal disregard for the content of the dispute case - In arguments, lawyers must quote legal, important evidence to help solve the case objectively, legally as well as protect the laywer’s opinion resolutely On the other hand, practical participation in the proceedings in the criminal case shows that point of view, lawful evidence and legal basis that are important to resolve the case objectively and legally are not surely considered by the trial panels In the dabate, Lawyers need to have a cultural and standardized atitude, both presit in protecting legitimate, justifiable point of view and arguments and adjust in a timely manner, record grounded view of procurator and Lawyers protecting people who have conflicting interests with their customer, to advoid to be considered as - Lawyers remain calm and have rights to request reasonably, legally against misbehaviours such as disrespect of the lawyer or laywer’s client at the court as well as during the judiciary proceedings 10 + Remarks of the apprentice's report, which clearly state the strengths and limitations of the qualifications, professional qualifications, practicing skills, sense of law observance, sense of discipline and the implementation Vietnam Ethical Rules and Code of Conducts for Lawyers of apprentice + Enthusiastic, responsible for coaching the apprentice; take full responsibility for the affairs that an apprentice performs according to his or her assignment and direction - Lawyer trainers are forbidden from the following: + Discriminate or personal mistreatment with lawyer apprentice Request for money, physical benefits from laywer apprentice apart from the fees as regulated by the Viet Nam Bar Federation + Take advantage of the role as laywer trainer to force the apprentice to activities not in the range of training to serve for the personal benefit of the trainer 2.4 Practice In fact, there are some lawyers who defame their co-workers For example, on 20/08/2017, an article was published reporting: A lawyer was asked to consider disciplinary action against a social networking colleague The lawyer is called Vo An Don The reason for the disciplinary review of lawyer Vo An Don is due to "On the social networking site (facebook: Vo An Don) has many articles defamation lawyer, posted the clip interview between lawyer Vo An Don and foreigners with the contents of incitement, distortion is not true, negatively affect the prestige of the Party, the State and the lawyers of Vietnam " The notice also stated that when the management board of the Phu Yen Bar Association invited to work, lawyer Don did not acknowledge and agree to the authorities 24 to verify and clarify To date, there have been some articles and clips that lawyer Don have admitted to the authorities As a result, the management board of the Phu Yen Bar Association noticed that there were signs of violations the regulations of Law on Lawyers, the Charter of Vietnam Bar Federation, Ethical rules and code of conducts So, they have transferred the file to the Disciplinary Board to review his discipline as required It is known that Phu Yen Provincial Police also worked with lawyer Vo An Don on this lawyer writing information on Facebook in 2016 It can be seen that these phenomena are supposed to affect the prestige of lawyers, the Party, the State and society Since then, the Standing Committee of Vietnam Bar Federation has asked the provincial and municipal Bar Associations to disseminate and thoroughly understand lawyers' members in the implementation of the Party's and State's undertakings and policies If lawyers are found guilty, they shall be remedied, promptly and resolutely handling cases of deliberate violations of law or ethics or recidivism as provided for by the Charter of Vietnam Bar Association 25 CHAPTER 2: DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC AGENCIES; RELATIONSHIP WITH OTHER LAWYERS IN FRANCE INTRODUCTION When a student become a lawyer, many duties are needed to him A duty is a moral obligation that a person has towards someone else It can be a duty created by the law, the moral or social conventions The profession of lawyer is defined by principles expressed in the article of the « Reglement Interieur National de la Profession d’Avocat » : « l'avocat exerce ses fonctions avec dignité, conscience, indépendante, probité et humanité Il respecte en outre dans cet exercice les principes d'honneur, de loyauté, de désintéressement, de confraternité, de délicatesse, de modération et de courtoisie Il fait preuve l'égard de ses clients, de compétence, de dévouement, de diligence et de prudence » so it means « The lawyer performs its functions with dignity, consciousness, independent, righteousness and humanity He respects besides in this exercise the principles of honor, loyalty, disinterestedness, fellowship, delicacy, moderation and courtesy He shows towards his customers, towards competence, towards dedication, towards diligence and towards caution » The lawyer need to respect his different duties in front of every persons with whom he interacts This different persons are principally their clients There is also the court with the judiciary, the public agencies and all the community which means all the population 26 In order to become a lawyer, each student, at the end of his training pronounce the lawyer’s oath which is in French « je jure, comme Avocat, d’exercer les fonctions avec dignité, conscience, indépendance, probité et humanité » The translation is « I swear, as a lawyer, to exercise my functions with dignity, conscience, independence, probity and humanity » This little sentence is a very concise summary of the duties of the lawyer towards all the people he is going to interact during his career A lawyer will be confronted principally to his client but also to his colleagues and to the publics agencies So that all the relations between all this different persons happens the best as possible The lawyer profession is regulated and submit to professional and deontological rules govern by the law of the 31 december, the decree of the 27 november 1991 and the decree of the 12 july 2005 The first Ethic Code appeared with the ordinance of October 1535 with the creation of a disciplinary board which will persists until 1662 In France, the lawyer profession was reorganized by the law n°71-1130 dated December 31 1971 and the decree dated June 9th 1972 Today, the profession is supervise by the Intern Rules of the lawyer profession (règlement intérieur national de la profession d’avocat) I THE DUTIES OF THE LAWYER When the lawyer takes his oath, he bind himself to respect different principes and respect the duties link to his profession The different principes and duties the lawyer promises to respect with his oath are : 27 - the principe of independence - the principe of loyalty - the principe of confidentiality - the respect of the professional secret - the duty of information, advice and diligence 1.1 The principe of independence The principe of independence is defined in the first article from the law of the 31 december 1971 which dispose that : « La profession d’avocat est une profession libérale et indépendante » In english that means that the lawyer profession is a liberal and independent profession Firstly, the lawyer is independent of his client This independence means that the lawyer is free to accept a case or not He can refuse a case when he is incompetent in the domain of the case the client submit to him However we can observe that this principe is alter by economics realities because it can put the cabinet in danger if the lawyer refuse to much folders There are also deontological limits to this principe In case there is a conflict of interest or just a risk of it, the lawyer can be forced to refuse a case The conflict of interest is a situation where a person is submit to different interests because of his functions or responsibilities The conflict of interest appears when there is a contention between the general interest the lawyer has to defend and his own interests In a second way, the lawyer is independent of the court In order to maintain a confidence link between the lawyer and his client, the lawyer must not be linked to the court and need to be free to accomplished all the acts he has to for the purpose to defend his client 28 To confort this independence, the lawyer enjoys immunity for what he said in front of the court to protect his freedom of speech Every speechs pronounce in front the Court could not be sue in justice for defamation, insult or outrage The freedom of speech is limited for the lawyer in front of the court by the necessary protection of others reputation as well as the guarantee of justice authority and its impartiality This immunity is a protection which knows limits because it is working only for the saying concerning the case and linked to the caused the lawyer has to defend This immunity is present in the law at the paragraph of the article 41 from the law of the 29 july 1881 and the limit of his immunity appears in case of defamatory or extraneous facts compared to te affair which remind la Cour de cassation 1.2 The principe of loyalty In the principe of loyalty we find once more the concept of conflict of interest Loyalty means that he should stay faithful thanks to his commitments Loyalty is a real obligation for the lawyer to not abandon his client even when there are complications The lawyer is prohibited from the defense of two parties when the interests of this two parties can be oppose Moreover, the principe of loyalty depends of the principe of contradictory which forced the lawyer to communicate the parts of the file, the evidences and conclusion to the adverse party To correctly fulfill his duty, the lawyer has to transmit every pieces within the time allowed by law Moreover, the lawyer must not simply respect a duty of loyalty towards his client but this principe is also present in his relations with his colleagues because the lawyer if confronted to a duty of loyalty and courtesy He have to observe rules of respect towards the magistrates Actually, in every circonstances, the lawyer must treat his colleagues with courtesy as an equal, just as he would like be treated The idea is that the other lawyer is also a member of the same bar association et deserve consideration 29 1.3 The principe of confidentiality The confidentiality cover all the communication between the lawyer and his client but also between the lawyer and all the members of the judiciary system This rules applies also for all the informations to the knowledge of the lawyer during exchange with the adverse party This obligation concern all the communications wether it is written or oral communications This principe means that a lawyer can not used a private communication in justice and can not found his argumentation on a communication between a lawyer and his client This obligation of confidentiality applies to the datas concerning the client but also for the ones concerning a partner of the client, a debtor or every person involve in the debate However we can notice that the principe of confidentiality does not apply for the communications between the lawyer and the ordinal authority according to a decision the civil chamber of la Cour de cassation dated from the 22 september 2011 1.4 The respect of the professional secret The professional secret is extremely linked to the principe of confidentiality In all his relations with his client, oral or written, he has to keep an absolute secret about what was evoked during the different meetings If he broke the secret, the lawyer is punished by the law according to the article 226-13 of the Penal Code which provide on year of prison and 15 000 euros of penalty The secret in the lawyer profession is codify by Napoleon in the Penal Code at the article 378 which dispose that everything the lawyer learn during the exercise of his profession is secret : 30 « Les médecins, chirurgiens et autres officiers de santé, ainsi que les pharmaciens, les sages-femmes et toutes autres personnes dépositaires, par état ou profession ou par fonctions temporaires ou permanentes, des secrets qu'on leur confie, qui, hors le cas où la loi les oblige ou les autorise se porter dénonciateurs, auront révélé ces secrets, seront punis d'un emprisonnement d'un mois six mois [*durée*] et d'une amende de 500 15000 F [*taux résultant de la loi 85-835 du août 1985*] [*infraction, sanction*] » Moreover, the professional secret is protect by the CEDH which is the european convention of human rights which shows his importance in the judiciary system Even the client doesn’t have the possibility to raise the lawyer from this duty No one can pick up the lawyer from this secret, neither the client or « le bâtonnier » who is at the head of the Bar association The lawyer can’t reveal confidences or secrets he receive from his clients He can’t communicated folder pieces except to his opponent He can’t testimony on the facts of which he was aware during the exercise of his functions This is the guarantee of a real defense for the best interests of the citizens or the enterprises There are hypothesis in which the professional secret of the lawyer can be lifted It can be by law justification or following a state of necessity The state of necessity matches with the cases in which the lawyer can raise the professional secret in order to assure a better defense of his client or when he his in the necessity to defend himself in front the Court 31 The respect of this important duty by the lawyer is a guarantee for the client and a fundamental right which belongs to him This allows a faithful relationship between the judiciary system and the community Linked to the professional secret, it is also necessary to mention the duty of information, advice and diligence under the authority of the lawyer 1.5 The duty of information, advice and diligence There are mainly two types of services offers by a lawyer to his client, the first one is the judicial advice and the second one is the representation in court Receive informations is a right for the client but more than that it is also an obligation for the lawyer The lawyer must respect the instruction given to him et act carefully and diligently in accordance to the interests of his client He must deploys all the judicial wherewithals appropriate to accede to his client’s rights - The duty of diligence : To act diligently, the lawyer must have an important degree of attention with regards to the concern of his client He needs to be very careful when he addresses his client to inform him about the different duties, rights and obligations he might have to faced The lawyer goal is to put in application the most suitable solution - The duty for information and advice : 32 The principal informations the lawyer has to give to his client is the chance of success of case in front the court as well as the different remedies at the use of the client, the progress and the evolution of the case and the approximate amount of the fees II THE RELATIONSHIP OF THE LAWYER 2.1 The relationship of the lawyer with his client The choice of the lawyer is primary for the client because of the faithful relation needed by this association between the client and the lawyer The client makes his choice according to the knowledges and specialities of the lawyer but also taking into account his personality The client is totally free in the choice of his lawyer however the lawyer can refuse the request made to him This opportunity permit a guarantee to the mutual trust and transparency which are two fundamental elements for good performance During the first meeting, the client can asks every question to his lawyer, he has to transmit all the informations retables to the case which includes his personal situation, his project, his conflict The meeting is also the moment to implement a fee agreement in order to avoid any misunderstanding and risk of futur conflict During the relation with his client, the lawyer maintains control over the argumentation in front of the courts If the behavior of the customer puts in danger these principles, for example, by trying to impose on the lawyer a line of defense which the latter considers inconvenient or by questioning its work or its competence, the lawyer can release with complete impunity the fulfillment of its mission and restore the case to his client while perceiving fees for the already achieved diligences 33 The lawyer has a duty of information and advice to his client Minister of justice considered in a ministerial answer of February 1st 2011 that the failure to respect by a lawyer of his ethical and professional obligations may pull disciplinary measures going of the warning to the radiation including the temporary ban to practice Furthermore, the civil liability of the lawyer can be engaged Indeed, the lawyer which advises to his customer a careless or absurd defence system, is lacking in its obligation of advice, so that its civil liability can be committed by his client The client can also engage the penal responsibility of the lawyer The lawyer necessarily has to sign an insurance of professional responsibility within the framework of its activity, what establishes an important guarantee for the client In case of professional misconduct of the lawyer, the customer can receive a compensation 2.2 The relationship of the lawyer with his colleagues In his relations with his colleagues, the lawyer if confronted to a duty of loyalty and courtesy He have to observe rules of respect towards the magistrates This particular function of judicial costume not allowed his owners it use it outside the Court or outside special manifestation as a colleague burial or the taking of an oath from a young lawyer It is formally forbidden to receive a client or going home dress with the judicial costume In every circonstances, the lawyer must treat his colleague with courtesy as an equal, just as he would like be treated The idea is that the other lawyer is also a member of the same bar association and deserve consideration 34 This brotherhood make that a lawyer will not be opposed to a request for referral asked by a colleague who did not have the time to prepare his defense as long as it is not contradictory with the interests of his client The brotherhood is thus of a nature to permit a loyal debate The lawyer must not criticize the competence, the conduct, the advice and the work of his colleagues He must however be ready, to advise and to represent a client with regard to a complaint which concerns another lawyer The lawyer answers for a reasonable deadline all the letters and the communications which are sent to him by other lawyers which ask for an answer The use of wearing of professional costume is old and came for a double problem It underline to the public the authority attached to the exercise of this important service which is the judicial one but also it ensures a decent behavior and equality between the members of the bar association 2.3 The relationship of the lawyer with the other agencies The lawyer profession and the magistrature are complementary and very opposed at the same time Each profession complete the other one by the fact that it can not be a decision of justice render without the lawyer intervention during the trial Moreover, the lawyer plays an important role all along the investigation, in amount of the trial One the same way, it can not be a decision of justice render without a magistrate even of the media influence seems mitigate the role of the judge Nevertheless, the two professions, extremely linked, are opposed by their principal cause The first mission of the lawyer is the defense of his client’s interests and don’t have vocation to be impartial while the principal mission pf the magistrate is the defense of the common interest, he has a mission of public interest 35 La cour de cassation, which is like the Supreme Court in a french version, reminds the principe of freedom of speech in the exercise of the relationship between lawyers and magistrates when she admits the fact that a lawyer can criticize the action of a magistrate CONCLUSION To create a good tradition and keep the trust and respect of the people, lawyers and lawy practicing organizations think and act exemplary Lawyers must know how to keep themselves under control, don’t go for the shortsighted interests that tarnished the long-built reputation The bright future for lawyer is waiting ahead withglory and, of course, challenges 36 REFERENCE MATERIALS (1) Civil Procedure Law 2015; (2) Criminal Procedure Law 2015; (3) Law On Lawyers 2006; (4) Circular 19/2013/TT-BTP; (5) Vietnam Ethical Rules and Code of Conducts for Lawyers, Issued in accordance with Decision 68/QD-HDLSTQ 20th July 2011 of national lawyer council) (6) Circular 19/2013/TT-BTP; (7) Minh Thu, 2012, "Ethical Education of the Vietnamese Nation" Taken from: http://www.vnq.edu.vn/tap-chi/nghien-cuu-trao-doi/958-giao-duc-truyen-thong-dao-duccua-dan-toc- viet-nam.html, visited date: 04/09/2017 (8) http://www.arcade-avocats.com/publication-25618-la-relation-entre-le-client-et-lavocat.html (9) https://tel.archives-ouvertes.fr/tel-01228509/document (10) https://www.sav-fsa.ch/de/documents/dynamiccontent/awr_2010_06-07_s_265276a.pdf (11) Le Règlement Intérieur National : https://www.cnb.avocat.fr/fr/reglement-interieurnational-de-la-profession-davocat-rin (12) http://fouche-avocat.fr/la-confraternite-entre-avocats/ (13) http://www.documentissime.fr/dossiers-droit-pratique/dossier-94-l-avocat/-le-rolede-l-avocat/les-obligations-de-l-avocat.html 37 GROUP MEMBERS Student’s code Full name Bùi Thị Hồng Thi K155021276 Trần Nguyễn Phước Thông K155041485 Camille Delaporte Juliette Grangeon 38 ... due to violations of the Law on Lawyers, the Charter of the Bar Federation and the Code of Ethics and Professional Conduct of Vietnamese Lawyers These behaviors affect the prestige of lawyers, the. .. DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC AGENCIES; RELATIONSHIP WITH OTHER LAWYERS IN FRANCE 26 INTRODUCTION 26 I THE DUTIES OF THE LAWYER 27 1.1 The principe of. .. for the saying concerning the case and linked to the caused the lawyer has to defend This immunity is present in the law at the paragraph of the article 41 from the law of the 29 july 1881 and the