Conditions to Become a Guiding Lawyer Intern and Obligations of Guiding Lawyer Intern
What are the conditions to become a supervising lawyer for an intern?
Based on Clause 1, Article 8, Circular 10/2021/TT-BTP, for a lawyer to guide an intern, they must meet the following conditions:
- The lawyer is currently practicing in a law practice organization in Vietnam;
- Has at least 03 years of practicing experience;
- Has a good reputation;
- Is not under disciplinary action or being considered for disciplinary action according to the Regulations of the Vietnam Bar Federation.
Lawyers who meet these criteria are permitted to guide legal interns.
Note:
+ For those supervising lawyers who have been administratively sanctioned in their legal practice, they can only guide interns one year after completing the sanction decision.
+ At any one time, a lawyer cannot supervise more than 03 interns.
What are the conditions to become a supervising lawyer for an intern? What are the obligations of a supervising lawyer for an intern?
What obligations must a supervising lawyer fulfill during the internship supervision?
Specifically, according to Article 13, Circular 10/2021/TT-BTP, the responsibilities of a supervising lawyer are as follows:
- Guide the intern according to the internship program, the implementation of the rights and obligations of the intern.
- Monitor, inspect, and supervise the intern’s work as assigned, and verify in the intern’s logbook.
- Comment on the internship process, specifically mentioning strengths, weaknesses in skills, professional competence, law compliance, organizational discipline, and adherence to the Vietnam Bar Federation's Code of Ethics and Professional Conduct.
- Be responsible for the internship process of the intern; facilitate the intern in completing the internship period; do not obstruct or restrict the intern from exercising their legal rights; bear responsibility for the tasks assigned to and carried out by the intern under the lawyer’s guidance.
- Promptly report to the practicing organization about the intern’s failure to fulfill their responsibilities, violations of Circular 10/2021/TT-BTP, and related legal regulations during the internship.
- Refuse to guide interns if required to do so under mandatory circumstances.
- Fulfill other responsibilities related to supervising interns as assigned by the practicing organization, and as stipulated by related legal regulations.
What does the legal practice internship program include?
Pursuant to Article 6, Circular 10/2021/TT-BTP, the legal practice internship program includes the following contents:
- Laws pertaining to lawyers and legal practice, the Vietnam Bar Federation's Code of Ethics and Professional Conduct.
- Skills in research, evidence collection, and proposing solutions for case files.
- Skills in participating in legal proceedings as a defense attorney for those arrested, detained, accused persons, or as an advocate for victims, civil plaintiffs, civil defendants, persons with related interests and obligations in criminal cases.
- Skills in participating in legal proceedings as a representative or an advocate for the legal rights and interests of plaintiffs, defendants, persons with related interests and obligations in cases of civil, matrimonial, familial, commercial, labor, and administrative disputes, and cases regarding civil, matrimonial, familial, commercial, labor demands and other issues as prescribed by law.
- Counseling skills.
- Skills in out-of-court representation to perform legal-related tasks for clients.
- Skills in providing other legal services.
Can lawyers refuse to supervise an intern?
In accordance with Clause 2, Article 8, Circular 10/2021/TT-BTP, the regulations on refusing internship supervision are as follows:
- Lawyers must refuse to supervise an intern if they do not meet the required conditions or if they discover that the intern does not meet the conditions for legal practice internship.
- During the internship, the supervising lawyer can refuse to continue the supervision if the intern no longer meets the conditions for legal practice internship or is disciplined with one of the following forms:
+ Suspension of legal practice internship from 03 to 06 months;+ Removal from the list of interns by the Bar Association.*Note: When refusing to supervise an intern, the supervising lawyer must inform the practicing organization. The organization will assign another lawyer within the organization to supervise the intern if the original supervising lawyer no longer meets the conditions.
Thus, to accept a legal intern, a lawyer must have at least 03 years of practice experience. Additionally, if the lawyer discovers that the intern does not meet the conditions for a legal practice internship, the supervising lawyer will refuse the internship supervision.
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