Removing Names from Lawyer Lists of Lawyer Associations – Is It Possible to Act as a Notary?
Can a person removed from the list of lawyers of the Bar Association become a Notary Public?
After 02 years of being removed, can they be re-issued a Lawyer's practicing certificate?
Question:My husband was a Lawyer but due to legal violations and disciplinary actions, he was removed from the list of lawyers of the Bar Association 02 years ago. Now, if my husband enrolls in a course and wants to become a Notary Public, is it possible? And if my husband now applies for re-issuance of his Lawyer's practicing certificate, is it possible? Thank you!Removal from the List of Lawyers of the Bar Association: Can One Act as a Bailiff?
Pursuant to Clause 6, Article 11 of Decree 08/2020/ND-CP which stipulates cases in which the appointment as a Bailiff is not permitted, as follows:
- Persons who have been disciplined by removal from the list of lawyers of the Bar Association due to legal violations or breaches of the code of professional conduct for lawyers; persons who have been administratively sanctioned by revocation of their lawyer license and where the term of 03 years has not yet expired since the date of completion of the administrative sanction.
Therefore, since your husband has violated the law and was removed from the list of lawyers of the Bar Association, he falls under the cases where appointment as a Bailiff is not permitted.
After 02 years of Removal from the List of Lawyers of the Bar Association, Could the Lawyer License be Reissued?
Pursuant to Point g, Article 18 of the Law on Lawyers 2006, amended by Clause 9 Article 1 of the Amended Law on Lawyers 2012, which stipulates the revocation of the Lawyer License as follows:
- Persons who have been granted a Lawyer License but fall into one of the following cases shall have their Lawyer License revoked:
g) Being disciplined by removal from the list of lawyers of the Bar Association;
According to the provisions of Point a, Clause 3, Article 19 of the Law on Lawyers 2006, amended by Clause 10, Article 1 of the Amended Law on Lawyers 2012 regarding the reissuance of the Lawyer License:
- Persons whose Lawyer License has been revoked pursuant to points g, h, and i of Clause 1, Article 18 of this Law shall be considered for reissuance of the Lawyer License when they meet the standards stipulated in Article 10 of this Law and fall into one of the following conditions:
a) After a period of three years from the date of decision to revoke the Lawyer License due to being disciplined by removal from the list of lawyers of the Bar Association;
**** after a period of three years from the date of decision to revoke the Lawyer License due to being disciplined by removal from the list of lawyers of the Bar Association and meeting the standards for lawyers as prescribed by law, the Lawyer License will be reissued. Therefore, your husband, having only been subject to revocation of the Lawyer License due to being disciplined by removal from the list of lawyers of the Bar Association for 02 years, does not meet the conditions for reissuance of the Lawyer License.
Sincerely!
