Relationship between lawyer client

CONTENTS CHAPTER 1: INTRODUCTION CHAPTER 2: RELATIONSHIP BETWEEN LAWYER AND CLIENT Concept of relationship between lawyer and client Concept of clients Receiving clients’s cases 3.1 Lawyers shall not discriminate based on gender, ethnicity, race, religion, nationality, age, disability, property condition of clients when receiving the clients’ cases 3.2 Lawyers must respect the client’s choice of lawyer; just receive cases suiting their expertise and conditions and carried out the work within the scope of legal requirements of the clients .5 3.2.1 The right to choice lawyers of clients 3.2.2 Right to reject lawyer of customers 3.2.3 Lawyers just receive cases suiting their expertise and conditions .6 3.2.5 Carrying out the work within the scope of legal requirements of the clients 3.3 Lawyers are obliged to explain to the clients about the clients’ rights, obligations and responsibilities in the relationship with their lawyers; about the legitimacy of the clients’ requirements; about the difficulties and advantages in conducting legal services; and about rights of complaints and settlement procedures of clients’ complaints against lawyers 3.4 When receiving a client’s case, lawyers and legal practicing organizations must clearly define the rights and obligations of both parties in the agreement of legal services Remuneration 4.1 Information about fee 4.2 Ground for remuneration 4.3 How to pay remuneration 10 Handling clients’ cases 10 5.1 Lawyers should be proactive and active to handle clients’ cases and inform clients of case resolution progress for their information (CODE 8.1 of VCL) 10 5.2 While providing legal services to clients, lawyers are not allowed to let money or other material benefits control their professional ethics and conducts and distort the purpose of the lawyer profession .10 5.3 Lawyers shall not deny the cases received, unless because of force majeure or being allowed by laws or Ethical rules and Code of conducts or having client’s consent 11 5.4 Lawyers and legal practicing organization sign upon receipt and are responsible for protection and preservation of documents and files provided by their clients; returning documents and files when clients required or when the case is resolved and there is an agreement of returning documents of both parties, unless in case clients paid fees and other expenses insufficiently and retention of documents and files is compliant with the signed legal service agreement 11 Deny receiving and handling clients’ cases .12 Lawyers refuse to continue handling client’s case 13 Unilateral termination of conducting the legal services 13 Confidentiality 14 1O Taking client’s complaint 15 11 Things that lawyer are not allowed to in a relationship with client 16 CHAPTER 3: RELATIONSHIP WITH MASS MEDIA ADVERTISING 20 Relationship with mass media 20 Advertising .21 CHAPTER 1: INTRODUCTION As we know, legal profession has long existed and has an important role in life Any career is noble and they all contribute on the development of society With goals are protection of justice, sovereignty of each nations and development of community To achieve that, other occupations and legal profession must have the spirit of morality and respect of law People often say to people who work in legal profession that: “A lawyer must have a cold head, a hot heart and a clean hand” A hot heart is to be known when he/she happy, sad, sympathetic, to suffering and unhappiness of the citizen, not insensitive to everything and irresponsible "A cold head" is to know where it is right, to listen to the voice of reason not to emotional or a dominant emotions "A clean hand" is not greedy, receiving unscrupulous money is breaking the law Here, it can be seen that it is a profession that requires a lot of thought in them, as well as before doing anything to consider A good lawyer is not only good at knowledge of the law A lawyer must know how to deal with people in everyday relationships To maintain the virtues that everyone must always aim for In order to better promote the morality of a lawyers as well as to regulate and guide those who know the normative principles that a lawyer is required to adopt, Vietnam Ethical rules and code of conducts Specifically, what should a lawyer put his morality in when consulting or litigating, relationship with clients, relationship with mass media or advertising for reasonable, consistent with the position, position of a lawyer CHAPTER 2: RELATIONSHIP BETWEEN LAWYER AND CLIENT Concept of relationship between lawyer and client Relationship between lawyer and client is an important relationship in legal practice Clients not only use legal service of lawyers but also judge ability, quality of lawyers The nature of this relationship is a contract The first principle of a service is that clients are free to choose service they want It means that clients choose lawyers by themselves, but not the other way Thereforre, lawyers and law firms must convince clients believe that they can solve problems of clients However, like we said before, clients choose lawyers by themselves, but in some special situations, lawyers have grounds to believe this problems are not fit for them, or lawyers cannot catch basis information, so they can decline to accept issues The second principles the relationship between lawyer and client should not be bulit on the basis of “buy and sell good”, the purpose of lawyers and law firms is “build relationship” From the view when we see the relationship is a service, we can see the equality between lawyers and clients From the view of society, clients not only can be seen as income of lawyers but also friends who share with lawyers the point of view This relationship can last long even when the contract ends For example, if they are happy with the outcome of their lawyer or law firm, they will be impressed and customers will come back again or even introduce them to other potential clients On the contrary, if the customer is not happy will leave a negative impression that will not achieve the benefits of good impression Concept of clients Clients are individuals, agencies and organizations who seek legal counsel to provide legal services1 Clients look to the lawyer because the client needs the help of a lawyer to solve a legal issue However, even if the customer is named "owner", due to the lack of legal knowledge, the ambiguity in compensation and other expenses cause the customer afraid to contact the lawyer Therefore, they often feel lured back to the lawyer However, in the Article 2, Law on Lawyers 2006, amended and supplemented in 2012 other hand, the lawyers and law firms want to build good relationships with customers and will strive to make the customer as comfortable and satisfied as possible We have many benefits in society The code of ethics and behavior in the legal profession also diminishes the consumer's reluctance, as the law is obliged to refer to the rights and obligations of the parties involved relationship between attorney and client Receiving clients’s cases (Code in VCL) 3.1 Lawyers shall not discriminate based on gender, ethnicity, race, religion, nationality, age, disability, property condition of clients when receiving the clients’ cases (Code 6.1 in VCL) Accepting of clients cases is a legal situation, which establishes legal relation between lawyers and clients This is first stage where clients and lawyers contact each other Lawyers must have responsibility for society and for their job From the legal ethics perspective, Lawyers shall not discriminate based on gender, ethnicity, race, religion, nationality, age, disability, property condition of clients when receiving the clients’ cases This is just like doctors saves patients, clients ask lawyer to provide legal services to cure “legal disease” 3.2 Lawyers must respect the client’s choice of lawyer; just receive cases suiting their expertise and conditions and carried out the work within the scope of legal requirements of the clients (Code 6.2 in VCL) 3.2.1 The right to choice lawyers of clients Lawyer not provide legal services for clients if clients not require lawyers, except, in case where having requirement of criminal judiciary bodies When accepting the case, lawyer must respect the choice of clients, which means lawyers not interfere with the choices of clients by suggesting that clients should look for another lawyer Therefore, lawyers must give clients the advices that are objective, not partial,…For example: If clients are persuaded by financial expert to find an lawyers with the hint that clients can only lend capital if this lawyers have a contract with the clients, lawyers, in this situation, lawyers must refuse to advice for clients Lawyer must respect the choice of clients but it does not mean lawyers must accept the cases of clients Lawyers can refuse the case of clients in some situation which provided by law 3.2.2 Right to reject lawyer of customers Clients have rights to deny lawyers in anytime, for any reason.If clients want to refuse lawyers in the case, lawyers have accept the cases, lawyers must explain clearly for clients about consequences For example, if clients reject lawyer, contract will be terminated after clients pay legal cost for lawyers, and in the time for waiting, lawyer can keep some documents as warranty Lawyers must give advice for clients to reduce damage 3.2.3 Lawyers just receive cases suiting their expertise and conditions Expertise, conditions are two factors to create good qualification in legal services Expertise, condition decide whether lawyers accept the cases or not In addition, they are basic terms to decide the choice of clients.2 Therefore, lawyer must have legal knowledge, good practicing, preparing perform the request of clients Some skills such as ability in analysis or ability to judge issues and draft documents are important skills to perform legal services Maybe, ability to identify legal issues involving the cases is the most important skills Sometimes, lawyers can co-operate with another lawyer to solve the cases when lawyer stepping into a new field This make the cases easier and lawyers can solve them much quickly 3.2.5 Carrying out the work within the scope of legal requirements of the clients Lawyer must confirm correctly requirement of clients Lawyers must follow the requirement of clients Clients is the one who make their decision about performing their Tiến Sĩ Nguyễn Văn Tuân, 2014, “Pháp luật luật sư đạo đức nghề nghiệp luật sư”, NXB Chính Trị Quốc Gia, TRANG 283 requirement in framework of law Therefore, clients have rights to discuss with lawyers about method to perform their requirements Lawyers not find purpose or using the method that clients want lawyer Because lawyers want to satisfy clients, so they exactly what clients want they do, so, sometimes, we cannot distinguish responsibility of clients and lawyer Lawyer must not advise clients to participate or get them to excersise illegal behavior, however, lawyer can discuss about consequences of that behavior which clients intend to and advice clients legal solution Clients have a right to get honest advice off lawyer but sometimes, this makes clients feel uncomfortable Therefore, when performing legal services, lawyers have to make effort to maintain the trust of clients and give appropriate advice which clients can accept in comfortable way 3.3 Lawyers are obliged to explain to the clients about the clients’ rights, obligations and responsibilities in the relationship with their lawyers; about the legitimacy of the clients’ requirements; about the difficulties and advantages in conducting legal services; and about rights of complaints and settlement procedures of clients’ complaints against lawyers Lawyers must explain for clients that lawyers only help clients in legal issues Lawyers must not let clients misunderstand such as lawyers can turn wrong into right The principles help clients aware lawyers is the protector of clients’ right and interests Lawyers are not promising or agreeing with the opinions of customers but should exchange the possibility with them and offer the correct solutions to help customers choose and decide the solution Which is the best At the same time the lawyer must clearly explain the right to appeal and the procedure for filing a complaint for legal services, thereby demonstrating the high responsibility of the lawyer in the performance of the case of the client 3.4 When receiving a client’s case, lawyers and legal practicing organizations must clearly define the rights and obligations of both parties in the agreement of legal services Remuneration (Code in VCL) 4.1 Information about fee As soon as they are hired, the lawyers should have a clear agreement with the client about the remuneration basis This process not only helps avoid future misunderstandings but also create a good relationship between the client and the client There are many people who want to hire an attorney but have little or no experience Therefore, the lawyers need to know the reason why there must be a specific agreement on remuneration The lawyer must provide the fullest information the lawyer knows about the costs of the case It is the responsibility of the lawyer to raise the issue of remuneration, whether the client does not ask, lawyers must also put this issue and exchange and agreement with their clients For example: How lawyers pay and whether to pay, discuss how much the lawyers' fees are When accepting a client's request, the lawyer must record the amount agreed upon by the parties, what the agreement says and take into account the service tax and refunds Experience has shown that customers not want to be surprised by the remuneration of their attorneys, and the best way to announce a compensation agreement is from the beginning and always informs them of the progress of their work 4.2 Ground for remuneration To determine the remuneration, consider all relevant circumstances Remuneration depends on many factors According to the provisions of Clause 1, Article 55 of the Law on Amendments and Supplements of 2006, and supplemented in 2012, the remuneration shall be based on: a) Contents and characteristics of legal services Content and features are matters that lawyers must be concerrned when receiving a case The lawyer must determine the "weight of job" as well as its complexity in order to calculate the remuneration of the client and the ability to undertake that task Accurate determination of the content and nature of work can lead to a situation that can lead to too low or too high remuneration Thus, affecting the reputation of lawyers b) Time and labor spent by lawyers on the provision of legal services Time and labor are also the basis to determine the remuneration to customers Here, it is necessary to distinguish the length of time the lawyer spent to handle the case and the length of the case waited to solve Lawyers can only calculate remuneration based on the number of hours a lawyer spends on a case c) Experience and prestige of lawyers The experience and prestige of the teacher must be assessed by the clients, but the lawyer himself can not assert himself as experienced Reputation is expressed through practical skills, through the fulfillment of customer requirements and professional ethics Prestige is very important to lawyers If the lawyer loses credibility, the client will not seek the lawyer again However, clients and attorneys are not always able to agree on the remuneration due to the reasonability of each party Although there are regulations about determination of remuneration, lawyers and clients not always agree on remuneration In this matter, the lawyer is always more advantageous than the client because it is part of the lawyer's profession It is important that htuf is reasonable and acceptable, but it is difficult to determine how reasonable it is Characteristics to consider how it is appropriating3: - The time and effort required, the complexity of the incident and the skill to perform legal services - Remuneration for similar services in the area - Work and results Tiến Sĩ Nguyễn Văn Tuân, 2014, “Pháp luật luật sư đạo đức nghề nghiệp luật sư”, NXB Chính Trị Quốc Gia, trang 293 - Limit the time that the clients or circumstance requires 4.3 How to pay remuneration4 a) Working hours of lawyers; b) Cases or affairs with package remunerations; c) Cases or affairs with remunerations calculated in percentages of the threshold costs of lawsuits or the value of contracts or projects; d) Long-term contracts with fixed remunerations Handling clients’ cases (Code in VCL) 5.1 Lawyers should be proactive and active to handle clients’ cases and inform clients of case resolution progress for their information (CODE 8.1 of VCL) Lawyers must always notify information about the cases for clients and exercise it as soon as possible and explain necessary information to help clients make a decision Therefore, there must be secured that clients know name, address of clients and the person whom clients can contact when having new issues involving to clients’ cases Clients can request their own lawyer or lawyer of partners immediately, except clients and lawyers have discussed before Considering or requesting must be in competent of lawyer In a negotiation, lawyer must present all terms to clients before signing 5.2 While providing legal services to clients, lawyers are not allowed to let money or other material benefits control their professional ethics and conducts and distort the purpose of the lawyer profession Lawyer must mot follow the material benefits, if lawyer consider it as a purpose, it will influent legal services For example, lawyer must not accept the cases that lawyer can’t handle because of lacking of ability, quality Paragraph article 55 Law on Lawyers 2006, amended and supplemented 2012 10 Lawyers cannot accept a cases that interest of clients conflict with lawyers or potential clients if the binding of lawyers to act for their own benefit In case where clients want to give gifts to lawyers or lawyers’ family or staff, avoiding the suspicion that a lawyer is abusing a client, the lawyer must advise clients about the gift giving and if the client refuses to so, the lawyer must withdraw from representing the client 5.3 Lawyers shall not deny the cases received, unless because of force majeure or being allowed by laws or Ethical rules and Code of conducts or having client’s consent In principle, where a lawyer has received a lawyer's case, he or she has no right to refuse However, in some cases where the lawyers consulted will not achieve the results as expected, the lawyers are forced to deny the case but must notify the clients for a good reason to refuse The legitimate reason for this is if you are in a force majeure or code of ethics and professional law practice is permitted or lawyers are accepted by the client Force Majeure is the case where a lawyer cannot provide legal services or cannot provide legal services with good quality, in which the lawyer falls into the unknown situation When a lawyer declines the case, the lawyer can offer the client another lawyer to handle the case However, the lawyer must respect the client's right to choose, so only if the client agrees to be transferred to another lawyer 5.4 Lawyers and legal practicing organization sign upon receipt and are responsible for protection and preservation of documents and files provided by their clients; returning documents and files when clients required or when the case is resolved and there is an agreement of returning documents of both parties, unless in case clients paid fees and other expenses insufficiently and retention of documents and files is compliant with the signed legal service agreement When the contract between the lawyers and the client ends, the lawyer must return suit and assets to the client, unless the client so requests and the lawyer must return the money to the client 11 If clients owe money to a lawyer, the lawyer can keep the property and assets until the lawyer is paid by the clients Deny receiving and handling clients’ cases (code 9.1 in VCL) - Lawyers not have professional expertise and practical conditions to handle the cases Example: A lawyer expertise on an economic field, so he/ she cannot have professional knowledge on criminal filed such as a murder case A client through another person requests legal services from a lawyer but such person has expression to abuse his representation in pursuit of personal interests and affect the reputation of the lawyer and legal rights of the client - If clients don’t come to meet lawyers directly, but through their representatives, lawyer must consider the ones who is their true clients, will of clients and reasons why clients cannot come If the representatives has behavior that might cause damage for clients, lawyers must not accept the cases - A client request legal services from a lawyer with an intention of taking advantage of that service for other purposes or the client is involuntary and dependent on illegal demand of others Example: Lawyers cannot accept to give advice about inherited when lawyers know parent has to write will because of the compulsory of their child - There is a clear evidence showing that the client has provided wrong evidence or the client’s requirements are unwarranted, immoral and illegal - There is a conflict of interest under Rule 11.1 and that conflict cannot be solved if the lawyer receives the client’s case - Clients have an attitude of not respecting lawyers and lawyer profession and not change this attitude 12 Lawyers refuse to continue handling client’s case (Code 9.2 in VCL) - Lawyers refuse to continue handling client’s case in the following circumstances: - The client makes a new request which is not in the scope of legal practice or is immoral and illegal Example: Lawyer cannot continue to accept the cases where lawyers know client have behavior of tax fraud - The client does not accept the lawyer’s advice which is in compliance with laws and in line with morality although the lawyer tried to analyses and convince - The client violates a covenant in the legal service agreement and both parties cannot reach an agreement on that or the relationship between the lawyer and the client is seriously harmed without fault of the lawyer - There is a threatening or material or spiritual pressure from the client or the lawyer is forced to act against laws and professional ethics by another person and the lawyer cannot cope with - The clients utilize the lawyer’s legal services to perform illegal acts - There is evidence that the client cheated the lawyer - Detecting that the case is subject to the provisions of Rule 9.1 - Other situations provided by laws where the lawyer must reject to receive cases or other force majeure Unilateral termination of conducting the legal services (code 10 in VCL) When unilaterally terminating the implementation of the legal services pursuant to Rule 9.2, a lawyer or a legal practicing organization must notify the client in writing within a reasonable time limit in order for the client to find another lawyer Concurrently, the lawyer must quickly solve other issues related to the termination of the signed legal service agreement 13 When unilaterally terminating the implementation of the legal services a lawyer or a legal practicing organization must have a respectful attitude and a calm behavior, should not use words which offend the client and adversely affect the honor and prestige of the lawyer profession, honor and reputation of the client Therefore, lawyers can unilaterally terminate legal services but they must notify according to rule 9.2 but they have to notify clients and have reasonable explanation in appropriate time limit, so their clients can find another lawyers Lawyers also have to solve involved issues which are provided in contract Confidentiality According to Vietnamese Dictionary, The definition of confidentiality follows: “Keeping the confidentiality in legal profession is legal obligated and principles of legal ethics According to the lawyer keeps confidential information about the lawyer’s knowledge about the client, involves to the client during the resolution process and not to reveal to anyone other, except for the lawyer and the client”5 As a lawyer, you protect the privacy and secret of your clients You not use the information the process of providing legal services to clients on the disadvantage for client or things for their own purposes, unless when the client agree Article 25- Confidentiality6 Unless it is consented by clients in writing or otherwise provided for by law, lawyers may not disclose information on cases, affairs or clients they know in the course of professional practice Lawyers may not use information on cases, affairs or clients they know in professional practice for the purpose of infringing upon the State's interests, public interests or legitimate rights and interests of agencies, organizations or individuals Vietnamese Dictionary Article 25 Law on Lawyers 2006, amended and supplemented 2012 14 Law-practicing organizations shall ensure that their staff members not disclose information on their cases, affairs or clients Vietnam Ethical rules and code of conducts (Rule 12 in VCL): Lawyers have obligation to keep client’s information confidential whilst carrying out legal services and even when such services terminate, except for the case of having client consent or observing the law; lawyers have responsibility to require involved colleagues and staffs to commit not to reveal confidential information that they know and explain clearly that if failing to so, they have to be responsible before the law When client looks to lawyers, they often not want all reveal which specific information, because they are afraid of being exposed outside That is why advising of lawyer has many difficulties, it even affects a law office and law company So that, to minimizing the consequence can happen, lawyer must assure that client’s information must be kept confidential Lawyer just revealed client’s information when they agreed If that is has, client can trust the lawyer But not any case, lawyer also kept secret client’s information There are exceptions in case, if lawyer is invited as a witness to give evidence of a lawsuit involving a client even if consented by client, he/ she still obliged to waive the right to confidentiality Lawyer only violate the obligation to keep confidential information required by law or ethical rules and code of conducts to protect the common interests of society Lawyer may be involved in a crime or deception of a client even though the lawyers is not at fault In this case, lawyer does not violate responsibilities Lawyers are only blamed for knowing that their behavior is indirect or direct violation of the law 10 Taking client’s complaint According to, Vietnam ethical rules and code of conducts of lawyer (Rule 13 in VCL: Taking client’s complaint): When taking complaint from client, lawyers, legal practicing organizations have a moderate, polite, actively negotiate, conciliate with client; if there is no result, then instruct 15 the client to continue with the complaint so that the client’s rights and interests are settled according to the law, protect credibility of lawyers, legal practicing organizations The response to client’s complaint shall be in written form If client has a complaint against the lawyer, that complaint needed process quickly and efficiently In such a case, the client trust, the relationship clients and lawyers If client’s complaint are not addressed or resolved thoroughly, the consequence will be for client to lose faith in him/her and will no longer be using the legal services of a law office, law firm If the complaint is not about irresponsibility work, the settlement of the complaint as quickly as possible, in interest of both parties Conversely, if the complaint relates to the case, the client should receive the fullest possible explanation for the most appropriate measures, such as reducing the fee or charging the person performing the case.7 In case of client is dissatisfied with the complaint procedure of lawyer’s office, it’s necessary to consider whether the client can sue the lawyer’s office by administrative or judicial 11 Things that lawyer are not allowed to in a relationship with client According to Vietnam ethical rules and code of conducts of lawyer (Rule 14 in VCL: Taking client’s complaint): To incite, agitate client to process litigation or carry out other illegal actions; To use client’s money, property while practicing for lawyers’ purposes; To suggest or offer the client to gift client’s property to lawyers or lawyers’ relatives; In case of client intended to give any gifts for lawyer or relatives of the lawyer How to solve? For this situation, lawyer should advice to client that shouldn’t it If client continues, lawyer should refuse to advise client about the problem If lawyer that, client will be doubt that lawyers take advantage of them TS Nguyễn Văn Tuân, 2014, “Pháp luật luật sư đạo đức nghề nghiệp luật sư”, NXB Chính Trị Quốc Gia 16 Besides, the lawyer not represent for a client if that will be relevant to this job with a other clients or the third person or the lawyer’s own interests unless the lawyer has reason to believe that his/her representation will not adversely affect his/her interests and be accepted by the client When representing multiple clients in the same case, explain to all client that the lawyer is a common representation and that the advantages and disadvantages of the case may arise To receive or any material benefits from the third party to take actions or not to actions causing damages to client’s interest To solicit from client or other who has related rights and interests to the client, any additional costs or gifts apart from agreed fee and expenses, except for the case the client voluntarily award the lawyer when terminating the service; When there is agreement on the cost, lawyer must not exceed the limit the cost if client disagree If the fee is not enough to solve client’s requirement, the lawyer must immediately notify the client and at the same time confirm that the client wants to continue or not And of course, if the client wants to continue working with lawyer, they must pay more for lawyer and lawyer also not violate the legal ethics When practicing, give the estimated cost and then agree on fixed limit Cost must be checked regularly and client must be nofitied least once six month of the cost of the item The client must be issued a temporary invoice To create bad situation, untrue information, causing disadvantages to client to entice, threaten, to increase agreed fee or for other improper interests from the client; To use information that lawyers can access from the client case for individual benefit; The lawyer does not use the information learned from the case that the lawyer undertakes to pursue personal interests The information that a lawyer holds when he/she represent a 17 client is not used for things that are detrimental to client, even if the client-lawyer relationship has no-longer To hire client brokerage to get the case; The principles legal ethics not limited the third party introduce the client to lawyers If the lawyer knows that there is a compulsion for the client to choose himself/ herself as the lawyer, he/she must relinquish the choice reluctantly, until he/she believes that the client voluntarily chooses himself/ herself If the lawyer introduced to client to another lawyer, he/she violate this rule? In my opinion, in this case, this is perfectly reasonable Because, if the lawyer feels he/ she is not qualified to receive this legal complaint from the client, the introduction of a more competent litigant in the field is perfectly legitimate This show lawyer no violation of this principle but also demonstrates the morality of a lawyer They always want their clients to have a correct answer to the client’s question, not for money And of course the lawyer will not accept the commission in this case To inform client directly or ambiguously about the relationship between the lawyer and procedure-conducting bodies or other authorized civil servants, for the purpose of building trust with the client about the effectiveness of the work as a criterion to encourage client to choose the lawyer 10 To purposely mislead the client about the capacity and expertise of his/herself; provide promises to mislead client; 11 Commit to ensure the result of the case to entice client or to calculate the fee as promised result; 12 To take advantage of the profession to have improper relationship with the client, affecting credibility of lawyer and legal profession; 13 To ask for money or other material benefits when doing legal aid for the client subject to receive legal aid as stipulated in the law; 18 14 To withdraw from received case as request by legal aid organization, judiciary bodies, except otherwise provided according to law, Ethical rules and code of conducts of lawyer, except for force majeure or request from client In case there are grounds for withdrawal, lawyers must inform to legal aid organization, judiciary bodies and client in written form 19 CHAPTER 3: RELATIONSHIP WITH MASS MEDIA ADVERTISING Relationship with mass media Nowadays, the role of mass media is very important Neither organizations nor political, social force uses the mass media to carry out its objectives and tasks Mass media is act transfer the messages which have common properties with the public at large Mass media agencies include article, magazines, radio and television station, news agencies and online newspapers According to Vietnam ethical rules and code of conducts of lawyer (Rule 26 in VCL: Relationship with mass media): Rule 26: Relationship with mass media Lawyers need to cooperate with mass media in propagandize laws, struggle against crime and social evils; In the context of strong information development, there is no denying the important role of mass media in influencing or giving direction to society Article 3: Social functions of lawyers Legal professional activities aim at contributing to the protection of justice, the economic development and the building of an equitable, democratic and civilized society.8 A lawyer must responsible for co-ordination with national agencies in the preventing of criminal offenses, including co-ordination with mass media agencies Helping residents get the regulation of law about kinds of criminal and effective prevention If every lawyer understands his/her role with mass media, the propaganda of law to everyone will be effective Through activities such as: advising legal issue on the channels, writing anticrime propaganda,… article Law on Lawyers 2006, amended and supplemented 2012 20 Lawyers must respect and cooperate with mass media in providing honest, exact and objective information as under request by these bodies, if the information is not classified as confidential as regulated by laws and does not affect legitimate rights and interests of clients; Lawyers should be proactive in working with the mass media In case of requests from such agencies, the lawyer should show cooperative, respectful and informative manner to be objective and honest When providing information to the mass media agencies, it is advisable to keep the information that you advise the client to the mass media, avoid influencing the credibility as well as the interests of client This is the principle set out above in keeping the client confidential For example: after finishing a court, reporters asked lawyer to provide informations about case which has just resolved As a defense lawyer, if you feel the journalist asks questions that affect the client you just excused, you can refuse the answer Lawyers are not allow to use mass media to provide untrue information to gain personal benefits or to protect illegitimate rights and interests of clients or make announcement that affect national interests and security As a lawyer is advising clients on legal situations, a lawyer can provide free advice to people through the media Helping people better understand the issue of law and at the same time express the morality and morality of a lawyer For example: a lawyer who brings untruthful information to the media is to mislead public opinion about a certain issue in society or to protect the interests Or the lawyer’s reply to the press carrying information reactionary, affecting the security of nation interests Advertising Rule 27 in VCL Advertising: “Lawyers, legal practicing organizations advertise as under regulation of the laws and must be responsible for commitments in the advertisement about service quality." 21 Legal profession is a noble profession, so advertising is not prohibited but not encouraged But if a lawyer want to advertise, a lawyer need to follow some rules such not advertising a lack of aesthetics, like distributing leaflets for people to advertise a law firm or law office When a lawyer conduct advertise, a lawyer may not advertise untrue or inaccurate, in order to attract clients for themselves Lawyers are not allowed to advertise on the absolute accuracy of advocacy for clients If a good lawyer has good morals, it will be advertised free from the clients that the lawyer has consulted Thus, new advertising is the way lawyers 22 ... CLIENT Concept of relationship between lawyer and client Relationship between lawyer and client is an important relationship in legal practice Clients not only use legal service of lawyers but also... procedures of clients’ complaints against lawyers Lawyers must explain for clients that lawyers only help clients in legal issues Lawyers must not let clients misunderstand such as lawyers can... contract between the lawyers and the client ends, the lawyer must return suit and assets to the client, unless the client so requests and the lawyer must return the money to the client 11 If clients