Reissuance of Lawyer Practicing Certificate After Criminal Record Expungement?

Reissuing the Lawyer's Practicing Certificate After Criminal Record is Expunged

Could you please advise if my uncle, who was a lawyer, violated the law, served a prison sentence, and has now had his criminal record expunged, can be reissued a practicing certificate to work again?

Response: Based on Clause 10, Article 1 of the revised 2012 Law on Lawyers regarding the reissuance of the Lawyer's Practicing Certificate as follows:

Persons whose Lawyer's Practicing Certificates were revoked as stipulated in Points a, b, c, e, and k, Clause 1, Article 18 of this Law may be considered for reissuance of their certificates when they meet the requirements for lawyers as stipulated in this Law and the reasons for the revocation no longer exist.

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- Having had their criminal records expunged, except in cases: Persons whose Lawyer's Practicing Certificates were revoked due to being convicted of serious intentional crimes, very serious intentional crimes, or particularly serious intentional crimes will not be reissued a Lawyer's Practicing Certificate.

Thus, the law stipulates that persons who have had their criminal records expunged may be reissued a Lawyer's Practicing Certificate, provided that they were not convicted of serious intentional crimes, very serious intentional crimes, or particularly serious intentional crimes.

Can a Trainee Lawyer Sign Legal Consultancy Documents?

Regarding the regulations on lawyer trainees, can a trainee lawyer sign legal consultancy documents or not?

Response: Based on Clause 5, Article 1 of the revised 2012 Law on Lawyers regarding lawyer trainees as follows:

- Persons with a Certificate of Completion of Lawyer Vocational Training and those specified in Clause 2, Article 16 of this Law may engage in practical training at a law practice organization.

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- A trainee lawyer may assist guiding lawyers in professional activities but is not allowed to represent, defend, or protect the legal rights and interests of clients in court, nor sign legal consultancy documents.

Thus, one of the restrictions for trainee lawyers is that they are not allowed to represent, defend, or protect the legal rights and interests of clients in court, and are even prohibited from signing legal consultancy documents according to the above regulation.

Respectfully!

Will a Lawyer's Practicing Certificate Be Revoked for Not Joining a Bar Association?

I would like to ask if a person with a Lawyer's Practicing Certificate does not join any bar association, will their certificate be revoked?

Response: Based on Clause 9, Article 1 of the revised 2012 Law on Lawyers as follows:

Persons who have been issued a Lawyer's Practicing Certificate and fall under the following circumstances will have their certificates revoked:

- No longer meeting the lawyer criteria specified in Article 10 of this Law;

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- Failing to join a bar association within two years from the date of being issued a Lawyer's Practicing Certificate.

Thus, the revocation of a lawyer's certificate depends on the time frame, in this regulation, it states that if the person does not join a bar association within two years from the date of being issued a Lawyer's Practicing Certificate, their certificate will be revoked.

Respectfully!