Do lawyers in training have the right to represent, defend, and protect the rights and interests of their clients in court in Vietnam?

Do lawyers in training have the right to represent, defend, and protect the rights and interests of their clients in court in Vietnam?

Clause 1 Article 12 of Circular 10/2021/TT-BTP stipulates that lawyers in training have the following rights:

a) To negotiate the signing of a labor contract with the law firm that accepts the trainee.

b) To be guided on the training content, the implementation of the rights and obligations of the trainee.

c) To help the supervising lawyer perform the tasks specified in Clause 3, Article 14 of the Lawyers Law.

d) To be provided with conditions by the law firm that accepts the trainee and the supervising lawyer during the training process.

dd) To request a change of supervising lawyer and place of training in the cases specified in this Circular.

e) To register for the examination of the results of the training of lawyers.

g) Other rights as agreed with the law firm that accepts the trainee, the regulations of this Circular and the regulations of relevant laws.

Clause 3 Article 14 of the Law on Lawyers in 2006, as amended by Clause 5 Article 1 of the Law on amendments to the Law on Lawyers in 2012, stipulates the following regarding the practice of law by lawyers in training:

3. Lawyers in training may assist supervising lawyers in their professional activities, but they may not represent, defend, or protect the rights and interests of clients in court, nor may they sign legal documents.

Lawyers in training may accompany supervising lawyers to meet with clients, including detainees, suspects, defendants, victims, plaintiffs, defendants, and other interested parties in criminal cases, plaintiffs, defendants, and other parties in civil cases or administrative cases, with the consent of the person concerned. Lawyers in training may assist supervising lawyers in researching case files, collecting documents and other evidence, and conducting other professional activities. Lawyers in training may provide legal advice, represent clients outside of court, and perform other legal services as assigned by supervising lawyers, with the consent of the client.

Supervising lawyers must supervise and be responsible for the activities of lawyers in training as stipulated in this clause.

Therefore, according to the above regulations, lawyers in training may assist supervising lawyers in their professional activities, but they may not represent, defend, or protect the rights and interests of clients in court.

When lawyer K has a problem and cannot attend the trial, you cannot represent the client to defend and protect their rights and interests.

Do lawyers in training have the right to represent, defend, and protect the rights and interests of their clients in court in Vietnam? - Source: Internet

Can lawyers in training who do not meet the requirements be granted an extension of their training period in Vietnam?

According to Clause 2, Article 10 of Circular 10/2021/TT-BTP, the time period for the practice of law by lawyers and the extension of the practice of law by lawyers are as follows:

2. Lawyers in training may be granted an extension of the practice of law by the Bar Association President when they do not meet the requirements for the practice of law as assessed by the supervising lawyer and the law firm that accepts the trainee.

Within 5 working days from the date of receiving the trainee's request for an extension, the Bar Association President shall issue a decision to extend the practice of law.

Within 7 working days from the date of issuing the decision to extend the practice of law, the Bar Association President shall send a notification letter to the law firm that accepts the trainee, the trainee, the Vietnam Bar Association, and the Department of Justice where the Bar Association is located.

Therefore, when the results of the practice of law do not meet the requirements as assessed by the supervising lawyer and the law firm that accepts the trainee, the trainee may be granted an extension of the practice of law by the Bar Association President.

Best regards!