LEGAL SERVICE IN ACCORDANCE WITH VIET NAM LAW AND FRENCH LAW

VIETNAM NATIONAL UNIVERSITY OF HO CHI MINH CITY UNIVERSITY OF ECONOMICS AND LAW FACULTY OF LAW TOPIC: LEGAL SERVICE IN ACCORDANCE WITH VIET NAM LAW AND FRENCH LAW – LEGAL SERVICE CONTRACT AND GUIDELINES FOR DRAFTNG LEGAL SERVICE CONTRACT – ADRESS THE UNILATERIAL TERMINATION OF LEGAL SERVICE CONTRACT Ho Chi Minh City, Monday, 30 November, 2017 Contents INDUCTION CHAPTER OVERVIEW OF LEGAL SERVICES Legal services provided for by international organizations to which Vietnam is a contracting party .6 1.1 Regulations of the United Nations .6 1.2 Regulations of the World Trade Organization (WTO) .7 Definition of legal services in accordance with Vietnamese law 2.1 The concept 2.2 Entity providing legal services .11 The concept of legal services in France 12 3.1 The concept .12 3.2 Lawyer Monopoly on Assistance and Representation 12 3.3 Activities Shared with Other Professionals 13 3.4 New Fields of Activity for Lawyers 13 Comparison of legal services in Vietnam and France 15 CHAPTER II GENERAL PROVISIONS ON LEGAL SERVICE CONTRACTS AND GUILDELINES FOR DRAFTING LEGAL CONTRACTS 16 General provisions on legal service contracts 16 1.1 Concept, characteristics and classification of legal service contracts .16 1.1.1 Concept 16 1.1.2 Characteristics of the contract for legal services .18 1.1.3 Classification of legal services 19 1.1.3.1 Based on the type of organization providing legal services .19 1.1.3.2 Based on the content of the Legal service contract 19 1.2 Legal provisions on legal service contracts in Viet Nam 20 1.2.2 The subject of the legal service contract 20 1.2.2.1 Provider of legal services 20 1.2.2.2 Legal service user 23 1.2.3 Contents and time limit for performance of the contract .24 1.2.4 Rights and obligations of the parties 26 1.2.4.1 Obligations of the provider of legal service 27 1.2.4.2 Obligations of the legal service user 28 1.2.4.3 Remuneration for legal services 28 1.3 General provisions on legal service contracts in France 29 1.4 Comparison of legal service contracts under Vietnamese law – France law .32 Guiding the drafting of legal service contracts 34 2.1 The drafting of legal service contracts in France 34 2.2 The drafting of legal service contracts in Viet Nam 35 Cases of unilateral termination of performance of legal service contracts 36 3.1 In France 36 3.2 In Viet Nam 37 EPILOGUE 39 APPENDIX 39 MEMBERS OF GROUP Full name Student code Trần Thị Quỳnh Như K155031395 K155031408 Nguyễn Thị Thanh Thành Alvyn Soumahoro Cécile Edorh Louise Wallon Pierre Emmanuel Roussel INDUCTION In the context of market economy and international economic integration, organizations and individuals are increasingly demanding legal services Organizations and individuals need legal help on a regular basis to ensure the legal safety of their transactions The process of economic globalization has strongly promoted the development of legal services for organizations and individuals at the international level Entities involved in many transactions involve a variety of areas governed by domestic law and international law The legal form of such transactions is the contract In order for transactions to be carried out safely and efficiently, legal aid is required from legal service providers Legal aid provided by the service provider to the legal service user is expressed in the form of a legal service contract In order to protect the legitimate rights and interests of the legal service contracting parties, especially those of legal service users and the prevention of disputes, the law on legal service contracts must constantly improve At the same time, the national legal system on legal contracts must be in line with the international treaties which Vietnam has signed Laws regulating legal services in Vietnam are not yet complete and are regulated in many different legal documents, such as the Civil Code 2005; Commercial Law 2005; The specialized laws and some legal documents, initially set the legal basis for the legal services of legal service providers to enter into legal service contracts with organizations and individuals, who have a need to use legal services The purpose is to provide knowledge to the students, while recognizing the potential in the field of legal services as well as points that the law has not clearly defined In addition to comparing the provisions of Vietnamese law and French law to see the similarities and differences in the legal system of the two countries, thereby improving the legal system of nation Starting from the above target, the group selected "Legal service - Legal services contract in Vietnam and French" as our research topic CHAPTER OVERVIEW OF LEGAL SERVICES Legal services provided for by international organizations to which Vietnam is a contracting party Under Article 6, the Law on Signing, Accession and Implementation of International Treaties 2005, the law of Vietnam also provides: - In cases where legal documents and international treaties to which the Socialist Republic of Vietnam is a contracting party contain different provisions on the same matter, the provisions of such international treaties shall apply - The promulgation of legal documents must not impede the implementation of international treaties to which the Socialist Republic of Vietnam is a contracting party on the same matter From the above provisions, it can be seen that international treaties have a very important position outside the legal documents of Vietnam Therefore, before understanding the provisions of Vietnamese law on legal services, it is necessary to understand how the international treaties to which Vietnam is a member regulate 1.1 Regulations of the United Nations In order to avoid disagreement among member countries and to facilitate subsequent regulations, the United Nations does not provide a definition of service, that provides a list of the listed methods from which identified which behavior is the service In 1991, the United Nations announced the temporary classification of major services (PCPC) and, by 1997, published the classification of main services (CPC) According to the CPC List, legal services belong to the category of business services, belong to professional services (CPC 861) and are classified as follows: - Counseling and representation services related to criminal law (86111); - Legal advice and representation services in judicial proceedings relating to other legal fields (86119); - Legal advice and representation services in legal proceedings before associations Judicial Council (86120); - Services on legal documents and certifications (86130);and - Other legal counseling information (86190) According to the United Nations, legal services are divided into three basic groups: + Legal consultancy services, it means providing legal opinions and advice on the legal basis to the individuals who request + Legal representation services, it means representative on behalf of clients in front of a competent authority or participating in a social relationship to help clients complete legal work on the basis of authorization Basically, this service is similar to the authorized representative in civil relations The only difference is that the person providing the legal service is a person who has the legal qualifications, has sufficient conditions to provide legal services and "pay charges" in the service + Other services such as notarization, document certification, contract drafting, etc 1.2 Regulations of the World Trade Organization (WTO) Like the United Nations, the WTO does not provide a definition of services, definition services defined in the General Agreement on Trade in Services (GATS) and appendices attached hereto GATS has taken the United Nations CPC list to concretize activities under GATS, the trade in services domain is divided into 12 sectors: 1) business services; 2) communications services; 3) Construction and related engineering services); 4) distribution services; 5) Educational services; 6) Environmental services; 7) Financial services; 8) Health services 9) Tourism services; 10) Recreational, cultural and sporting services); 11) Transport services; and 12) Other services These 12 sectors are divided into 155 sub-sectors The legal services sector is classified in the Professional Services sector of the Business Services sector In terms of scope, the GATS does not regulate all service activities but only regulates commercial services Specifically, in point (b), (c), Clause of Article I, the provisions are as follows: (b) The service includes any service in all areas except those provided for the exercise of governmental authority (c) legal services provided for exercising the authority of the Government are any service provided neither on a commercial basis nor on the basis of competition with one or more service providers Functioning as a regulator of world trade, the GATS removed the services provided for the exercise of governmental authority by two elements: non-profit and not on basic of competition Thus, in the area of legal services, this scope excludes the activities of judges, court clerks, prosecutors and some other judicial activities In summary, legal services provided by the WTO and the United Nations are legal services that include legal advice, legal representation and other legal services that not include services provided to exercise the authority of the Government This is from: http://doc.edu.vn/tai-lieu/luan-van-nhung-quy-dinh-cua-phap-luat-ve-hoat-dong-cua-tochuc-hanh-nghe-luat-su-nuoc-ngoai-tai-viet-nam-38696/, accessed 6/10/2017 Definition of legal services in accordance with Vietnamese law 2.1 The concept Legal services are a fairly broad field of law and are protected by law Because of this, only legal documents related to the field of legal practice are new regulations on legal services The 1987 Ordinance on Lawyers and the 2001 Ordinance on Lawyers all regulate this issue However, the concept of "legal services" is different at different times According to the 1987 Ordinance on Lawyers, legal services are legal aid, including: participation in proceedings as a signer for a defendant, being notified or representing the victim and the involved parties Other matters in criminal cases or civil cases, representing parties involved in domestic marriage and labor lawsuits, legal consultancy for State economic organizations, foreign economic organizations , providing other legal services to citizens and organizations (Article 13 of the 1987 Lawyers Ordinance) According to the Lawyer Ordinance 2001, legal services include three areas: legal proceedings, legal advice and other legal services It is participation in the proceedings as a defense counsel for the accused or the rights and interests of the victim, civil plaintiff, civil defendant, person with rights and obligations related to the case criminal case Participation in legal proceedings in the capacity of representing or protecting the parties' legitimate rights and interests in civil, economic, labor or administrative cases; Participation in arbitral proceedings to settle disputes; Providing legal consultancy, drafting contracts or applications at the request of individuals or organizations; Representatives authorized by individuals or organizations to perform work related to the law; Providing other legal services in accordance with the provisions of law (Article 14 of the Standing Committee of the National Assembly No 37/2001 / PL-UBTVQH10 dated July 25, 2001) According to the Law on Lawyers 2012, the lawyer's legal services include participation in legal proceedings, legal consultancy, representation beyond legal proceedings for clients and other legal services In general, the legal services of the three legal documents stipulate that lawyers can such things as litigation, legal advice and other legal services However, the Law on Lawyers also stipulates that lawyers or legal assistants may represent outside legal proceedings for clients In addition, the above documents refer to "other legal services" But what is the other legal service, all three documents are not clear In addition, the Ordinance of Lawyers 1987 or the Ordinance of the National Assembly Standing Committee 2001 also has no legal document on "other legal services" Therefore, "other legal services" "temporary" must still be used in accordance with previous guidelines Article 30 of the Law on Bar Associations promulgated together with Decree No 15 / HDBT of February 21, 1989 of the Council of Ministers guiding the implementation of the 1987 Lawyers Ordinance promulgated by the State Council, legal services Other: Guiding, explaining issues related to the law; Guide to making applications, contracts, contracts; Instructions for writing testaments, donation papers and legal documents Guidance may be in writing or orally Until the present time when the Law on Lawyers 2012 takes effect, legal services are specified in Article 30 of the Law In addition, the activities of lawyers in the 1987 Ordinance are called "legal assistance" forms, including legal services However, in essence, the forms of legal help here are legal in its own right because the activity of a lawyer is paid work, which is commercial According to Article 20 of the Ordinance, "Citizens and organizations who seek help from lawyers must pay remuneration The regime of payment of remunerations and cases of exemption or reduction prescribed by the Regulation on Bar Associations It can be seen that this ordinance regulates the legal services of the toll-free legal aid activities of lawyers without separation, thus introducing the concept of " "of the lawyer According to the 2001 Ordinance, there is also a separation between legal services provided by lawyers and free legal assistance, in Article 6: "The state and society encourage lawyers and organizations Law-practicing organizations participate in free legal aid activities for the poor and for beneficiaries of preferential policies as prescribed by law " Legal aid activities are very similar to the lawyer's legal services, except that there is no remuneration at all Can we see legal aid activities as legal service activities? Vietnamese law has the view that there are preferential policies for the poor and people with meritorious services to the revolution Free legal aid activities are an activity of the lawyer profession, demonstrating the responsibility of lawyers with the State and society However, Vietnamese law has separated the legal aid issue into a separate area and has been amended by the Law on Legal Aid 2004 Therefore, in the view of the group, legal services not include Legal aid activities Understandable legal services are the general services of legal advice, legal representation services and other legal services In particular, the consultancy service is to provide the legal opinions and solutions of legal service providers to the organizations that request Legal representation includes participation in civil and criminal proceedings, 10 can therefore be argued that lawyers can provide clients with four types of legal services, primarily legal advice, litigation, representation and other legal services Legal advice is the advice of a legal counsel, giving opinions, helping clients draft documents related to the exercise of their rights and obligations Legal advice is provided in all areas of law When conducting legal consultancy, legal consultants shall help clients comply with law in order to protect their legitimate rights and interests Second, litigation services Litigation services are construed as the execution of legal services by persons involved in legal proceedings in the capacity as defense counsels for the detainees, the accused, defendants or protectors of the victims' interests Civil cases, civil defendants, persons with related interests and obligations in criminal cases or participating in the proceedings as representatives or persons protecting the lawful rights and interests of the plaintiffs, the defendant, the person with related rights and obligations in civil, marital and family disputes, business, trade, labor, administrative affairs, civil claims, marriage and family, business, trade, labor and other affairs as provided for by law Third, the representative service A representative service is the representation by the client of the right and obligation to act on behalf of and for the benefit of the customer to engage in legal relationships and to bring the rights and obligations to the customer The legal representation service is characterized by the person who is represented by the person (s) who provides the service (s), with the rights and obligations assumed by the represented party Obtaining rights and obligations for users of leagal service However, while providing representation services, leagal service always has to use professional knowledge and legal skill practice law Other representations may not need this 25 Finally: Other legal services Lawyers have the right to provide other services to clients As: help clients perform tasks related to administrative procedures; provide legal support in the case of resolution of complaints; Translation, confirmation of documents, transactions and help clients perform other tasks such as legalization of consular papers, complete documents, documents, forms 1.2.4 Rights and obligations of the parties In principle, the law respects the agreement of the legal service contract subject if the provisions of the contract are not contrary to law and social ethics However, the characteristic of the legal service contract is the "asymmetry of information, so the "equality" between the parties is not actually guaranteed Providers of legal services with the advantage of legal knowledge, it is easy to abuse this position to make adverse agreements for users of legal services Hence, the law regulates the rights and obligations of each party in the relation of the lawyer's work in a manner that creates a balance and restrains the abuse of the provider's interests and protects the interests of the user 1.2.4.1 Obligations of the provider of legal service First: Obligation to keep confidential information, documents that you know in the process of providing legal services Law on Lawyer states that "lawyers must not disclose information about cases, affairs or clients they know in practice, unless otherwise agreed upon in writing by the clients or provided for by law." (Paragraph of Article 25) The obligation to keep confidential nformation and documents known during and after the implementation of legal services to clients of the legal service provider and those of the person concerned is understood to be confidential for all information, the document except information about the criminal preparation of clients that legal service providers know or are required to know 26 Second: Obligation to refuse to accept customer's case Refusal to accept the customer's case is both the right and the obligation of the provider The law on legal services provides that in the following cases the legal service provider must refuse to accept the case or continue the work: - Not enough professional or practical conditions to carry out the case - The customer's request is unreasonable or unethical, contrary to the law + There is no basis, when the request is not based on the law or any practical basis, such as the customer ask the attorney to procedures to be recognized as the martyr's family but without any papers It is considered as having no legal basis + Moral ethics, is considered unethical professional ethics and moral in general + Unlawful, when the request of the customer is contrary to the provisions of all law branches - There is a conflict of interest between customers "Conflict of interest" is defined as a conflict of material or moral interest and the opposite is the occurrence or possible occurrence between the supplier and the user of the service 1.2.4.2 Obligations of the legal service user Legal service users are obliged by all parties to use the service in general to: provide necessary information, documents and means for the supplier to perform the task and take responsibility for the calculation In order to make the "best" results, the documents of the client, especially the information and documents on the case, the use of legal service Only when understanding, comprehensive information and documents on customers, the person who performs the new service has the initiative in the process of implementing the service Within the framework of the law, information and documents will be handled in 27 the best interests of the customer, such as the timing of the supply to the third party; select information to provide; confidentiality does not provide adverse information; 1.2.4.3 Remuneration for legal services Legal service remuneration (legal service remuneration) is the amount of money a legal service user pays to a legal services provider for receiving benefits as the result of the contractual work legal service The terms of remuneration are one of the important terms in a legal service contract and, after being agreed upon in the contract, neither party may change arbitrarily except in the case of an increase or decrease in the scope of the contract and is certified by the legal service user or the state changes the price bracket for such legal service Article 55 of Law on Lawyer stipulates the basis and method of calculation of legal fees Accordingly, the lawyer's ees may be calculated by the following methods: working hours; work, with a package fee; the value of the contract, the value of the project; Longterm contract with fixed fee Article 56 of the Law on Lawyer stipulates remuneration and expenses in cases where lawyers provide legal services under legal service contracts There are two types: - Lawyers' fees: The lawyer's remuneration levels shall be agreed upon by the parties in the legal service contracts - Cost: The cost of traveling and accommodation is the amount of travel, accommodation and other reasonable expenses for the lawyer's lawyer's service, as agreed by the parties Article 57 of the Law on Lawyer provides for remuneration and expenses in cases where lawyers participate in legal proceedings at the request of the procedure-conducting bodies In addition to the two types of legal services provided by the above-mentioned lawyers, Article 58 of the Law on Lawyers also stipulates the salary level under the labor 28 contract of a lawyer practicing as an individual Lawyers practicing as individuals working for agencies or organizations under labor contracts shall be entitled to receive salaries as agreed upon in the labor contracts and the agreement and payment of wages shall comply with the provisions of Labor law 1.3 General provisions on legal service contracts in France 15 Definition: A legal service contrat is a written contract between the lawyer and the client, that define the obligations of each parties In France we call it « convention d’honoraires » Legal service contract is not an obligation in many countries, because the terms can be define easily between the parties, but there is often a problem for the payment of the lawyer Because, they can be paid by percentage, by hours of work, by package, like an amount of money for a case In France, legal service contract was not an obligation since the law for growth, activity, and equal opportunity, know, as the « Macron Law » (the actual president of France), promulgated in 2015, August 8th The question before this date, was « How much does a lawyer cost ? » Their was no really answer for this question because legal service contract doesn’t exist, except for the divorce, because the amount involved could be significant When ? 15 Règles de la profession d’avocat, 2016/2017 from HenriAder and André Damien La déontologie de l’avocat from Jean-Jacques Taisne Code de l’avocat 2017 http://www.avocatparis.org/exemples-de-conventions-dhonoraires http://www.avocatparis.org/mes-outils/faq/loi-macron-convention-dhonoraires-obligatoire https://mediateur-consommation-avocat.fr/rappel-des-regles/ 29 Now, a legal service contrat in France is an obligation for all maters and all types of intervention (consultation, assistance, advice, drafting of legal acts under private arrest and pleadings) for all the clients By exception, is it possible to not use this rule, because of the emergency or force majeure The content of the legal service contracts is define by the law? Determination of fees rules : The lawyer can not fix the fee according to the judicial result alone However, an agreement is also authorized which, in addition to the remuneration for services rendered, provides for the fixing of a supplementary fee according to the result obtained or the service rendered Apart from this, the lawyer, in accordance with his client, has to fix the amount of the fees This is to be considered, thanks to article 11-2 of the law of lawyers:      The time spent on the case The work and researchs necessary to Importance of interests (uphold the rule of law) The impact of the fees and expenses of the firm to which it belongs His notoriety, his titles, his seniority, his experience and the specialization of which he is the holder  Advantages and results obtained for the benefit of the client by his work,  The service rendered to it  The situation of the client’s wealth Kinds of contrats - Legal service contracts with additional clause of result (based on a fixed price and a clause depending on the result of the case, such as 500 e more if the lawyer win the case) - Legal service contrats with fixed price - Legal service contracts at the time passed Client information rules : 30 From the beginning, the lawyer has to inform his client for the terms to determining the fees and regulary inform him for the evolution of their amount He has also to inform him for all the fees that he may incur Paiement method : The client can pay in cash (up to 1000e), bank check, credit card or bank transfer Detailed accounting : The lawyer has to keep a detailed accounting, separate from the fees and all the money he could received and how he used it If the mission of the lawyer is interrupted : Some fees have to be paid for the lawyer if the mission is interrupted by the client before its term To calculate this fees, the lawyer considers his work done, his contribution to the result of the mission and the service rendered Litigation related to the fees : If the client wants to challenge the fees, the lawyer claims to him, he has two possibilities : - Seize the mediator of the legal profession - Seize directly the « bâtonnier » (the man at the head of all the lawyers in France) to start a special procedure 1.4 Comparison of legal service contracts under Vietnamese law – France law Legal service contracts are really similar in Vietnam and France since the two countries share a Civil law tradition Legal service contracts have to be written as stated in Article 26 of the Vietnamese Law on Lawyers 2012 Its nature is closed to a commercial service contract according to the provisions of the Vietnamese Civil Code, the Commercial Law, the Law on Lawyer The classification of contracts by practising organisations and its content as well look alike in the two countries 31 Basically, each contract contains legal proceedings, legal advice and other legal services as stated in the Article of the Law on Lawyers 2006 for Vietnamese contracts Concerning the french legal provisions, there is no actual Code When french lawyers are drafting a contract, they have to respect the rules of their local « Barreau », which is the french Order of Lawyers Those professionals rules are really stricts and were mainly written in a law of the 31 of December 1971, a decree of the 27 November of 1991 and another decree (now modified) of the 12 of July 2005 Regarding the legal service user, french and Vietnamese clients, what is required is, according to the Civil law, the legal capacity It means that the contracting party has to be older than 18 years old and not the subject of some curatorship or guardianship As for the rights and obligations of the lawyers, Vietnamese one cannot go against Article of the Law of Lawyer 2006 Their french counterpart has also some principles has follow since they have taken a vow Those uncodified civil principles reflect in contracts: - A principle of independency - A principle of loyalty - A principle of confidentiality (which is codified in the Vietnamese Law of Lawyer Paragraph of Article 25) - A duty to inform, advise and be diligent and have integrity - The principle of freedom of voluntary commitment - The principle good principles - The principle of civil responsibility - The principles of respect for the interests of the state, public interests 32 - The principles of law observance The legal service user also have some obligations to follow It is mainly to provide necessary information, documents and means for the supplier to perform the task and take responsibility for the calculation Since the client has less power than his lawyer and is thus in a situation of « asymmetry of information », Vietnamese and french lawyers has to take that into account In the end, one of the few different thing between Vietnamese and french legal service contract are the fees one has to pay As for the payement of the lawyer, long term contract have a fixed free For the rest, the working hours; work, with a package fee; the value of the contract, the value of the project will be take into account.Only professional who work in an organisation will have a monthly fixed salary in Vietnam As we already have said, in France until the reform of August 2015, there weren’t any specific legal service contracts, whereas in Vietnam there always have been fees Guiding the drafting of legal service contracts 2.1 The drafting of legal service contracts in France When a legal service contract is draft some general principles and content has to be present in France and in Vietnam As for the content, the contract should include as previously said: - The name and address of the client or representative of the client, the representative of the law-practicing organisation or the lawyer practicing as an individual; - The content of the service and the duration of contract performance; 33 - The rights and obligations of the parties; - Specific remuneration and the possible expenses - Argument settlement As for the guiding, lawyers have to draft a perfectly legal content If not,the french Civil code states in the Article 1170 that « any clause which deprive the contract of its essential substance will be deemed unwritten » - The possible liability for breach of contract; It also possible to nullify the contract if it harmed the client or the whole society The nullity will be then relative nullity or absolute nullity Thus lawyers can engage their professional civil liability When the stakes cost less than 10 000€ (270 000 VND), it’s the judge from the « Tribunal d’Instance » or « Juge de proximité » who is competent To prevent a conflict of interest, the client can also going to another Court that the one his lawyer is attended Now that you know what become of a contract that has been breach, you should know why it is 2.2 The drafting of legal service contracts in Viet Nam Appendix Layout of sample contract Language of the target language Name of the text The text number 34 Legal grounds The subject of the contract Terms of agreement Cases of unilateral termination of performance of legal service contracts 3.1 In France 16 Cases of unilateral termination of legal service contract The article 1103 of the French Civil Codestates that legally formed contract are like laws for those who made it.In french “Lescontratslégalementforméstiennent lieu de loi ceux qui les ontfaits” This article means that contractors must respect the terms of the contract Usually to terminate a contract, contractors must agree with each other.One contractor can’t end it by his or her own will This principle is calledmutuusdissensus or mutual agreement.It apply to all contract especially legal service contract.Once the legal service contract is made , the lawyer must fully served his or her client , and the client has to pay the fees However, there are cases where a legal service contract can be unilaterally terminated Meaning the contract end before the lawyer has fully done his job or the client doesn’t pay the fees Unilateral termination by the lawyer: 16 https://www.soulier-avocats.com/ordonnance-du-10-fevrier-2016-portant- reforme-du-droit-des-contrats-le-principe-de-la-force-obligatoire-du-contrat-battu-enbreche-par-les-nouvelles-dispositions-du-code-civil/ 35 - First case is when the lawyer decide to stop working If the lawyer decide to stop working , the legal service contracts ends - All lawyer need a practice certificate to practice If they get removed their pratice certificate, the legal service contract ends A lawyer can get his pratice certificate withdraw if he has been sentenced or make a violation of lawyer deontology such as disclose information about a client acquired in the process of professional practice - At least the death of the lawyer is a cause of unilateral termination of the legal service contract Unilateral terminationby the client - When the lawyer doesn’t spend the time he promises on the case or doesn’t properly done his job, the client can refuse to pay the fees Indeed, the client can think that the lawyer hasn’t fulfil his obligations so he doesn’t to fulfil his either In that case, the client can either seize the mediator of he legal profession or directly seize the head of all lawyer in France to fix the issue - There is some legal service contract where the fees are predetermined and some legal service contract where the fees are based on the amount of work done.There is no issue with the first kind of legal service contract However, in the second type of contract the client can disagree with the determination of the fees In most of the cases he thinks there are too high In that case, the client can unilaterally terminate the contract 3.2 In Viet Nam A legal service contract is the nature of a civil contract as defined in the Civil Code Therefore, unilateral termination of the legal contract is the same as the unilateral termination of the contract in civil relations 36 Under Article 428 of the Civil Code 2015, unilateral termination of a contract is a unilateral legal act whereby a party in a contractual relationship unilaterally terminates the performance of the contract and does not have to pay compensation Often when the other party is in material breach of contractual obligations or the parties have agreed or required by law The parties to unilateral termination of contract performance in the service contract include the following cases: - Service user: + Where the continuation of the work is not beneficial to the service user, the service user shall have the right to unilaterally terminate the performance of the contract, but must notify the service provider thereof within a reasonable period of time The reason is that the service provider can promptly stop the work In this case, the service user must pay remuneration to the service provider, depending on the work performed by the service provider and be responsible for compensating the damage if the unilateral termination of the performance of the contract the contractor's services cause damage to the service provider + In cases where the service provider seriously violates the obligations, the service user may unilaterally terminate the performance of the contract and demand compensation for damage - Service provider: In cases where the service user fails to perform his / her obligations or improperly performs the agreement, the service provider shall have the right to unilaterally terminate the performance of the contract and request the compensation damage Thus, the unilateral termination of the legal service contract may end when the provision of legal services is no longer beneficial to the service user - the client, or in the 37 case where the service user or the service provider seriously violates the obligations, one of the parties is entitled to unilaterally terminate the contract When unilaterally terminating the performance of a contract, the unilateral party shall immediately notify the other party of the termination of the contract If not, the damage shall be compensated The termination of the contract is from the time the other party receives the termination notice The parties are not required to continue to perform their obligations, except for agreements on penalties, compensation for damages and agreement on settlement of disputes The obligee has the right to request the other party to pay the part of the obligation fulfilled EPILOGUE A legal service contract is a legal form of a legal service relationship, which plays a very important role in the operation of organizations and individuals In the context of a market economy and international economic integration, the completion of the legal system of legal services meeting is an indispensable and objective requirement both in theory and practice As legal services are legal services, the results of legal services have an important impact on the economic and legal status of clients Therefore, not every entity can be involved in the legal service contract as a provider of legal services Only those who meet the strict conditions required by law to practice legal services The legal system regulating legal services and legal services contracts of Vietnam and France has many similarities and different points To conclude legal services can be provided by different actors, for instance international organizations As for the definition of legal service contract, the Vietnamese Law on Lawyer does not really define legal services and in France as well (different laws and decree depict a global view of legal services contracts) But since a classification and a legal provision exist, it is enough One thing is also certain : legal service contracts always have to been written 38 So there is no much difference between Vietnamese and French legal service contracts The drafting of contracts is also very similar since fees are now determined in France, as it always have been in Vietnam As for the cases of unilateral termination of performance of legal service contracts, in Vietnam and in France as well, unilateral termination of the legal contract is the same as the unilateral termination of the contract in civil relations APPENDIX LEGAL SERVICE CONTRACT17 17 LEGAL SERVICE CONTRACT IN VIET NAM.pdf 39 ... http://doc.edu.vn/tai-lieu/luan-van-nhung-quy-dinh-cua-phap-luat-ve-hoat-dong-cua-tochuc-hanh-nghe-luat-su-nuoc-ngoai-tai-viet-nam-38696/, accessed 6/10/2017 Definition of legal services in accordance... categories: - Legal service contract of the lawyer's profession organization - Legal service contract of notary practice organization - Legal service contract of the legalization organization - Legal service. .. service contract of the legal consultancy center - Legal service contract of other organizations 1.1.3.2 Based on the content of the Legal service contract Legal service contract: - Contract for legal