In certain cases, lawyers have the right to refuse to take on a client's case if it violates the lawyer's code of ethics.
Based on the Code of Ethics and Professional Conduct for Vietnamese Lawyers, it is evident that lawyers have their own set of rules when practicing, such as rules regarding fees, accepting client cases, refusing cases, etc. To avoid violating ethical rules or the law when taking on client cases, lawyers have the right to refuse client cases in certain situations.
Below are 6 cases in which a lawyer can refuse to accept a client's case:
- The lawyer does not have the expertise or practical conditions to handle the case;- The client, through another person, requests the lawyer, and this person exhibits signs of exploiting their representative status for personal gain, affecting the lawyer's reputation and the client's legitimate rights;- The client requests legal services from the lawyer with the intent to exploit those services for other purposes, or the client is not voluntarily requesting but is being coerced by another's unreasonable demands;- There is clear evidence that the client has provided false evidence or the client's request is unfounded, unethical, or illegal;- There is a conflict of interest that cannot be resolved if the case is accepted;- The client has a disrespectful attitude towards the lawyer and the legal profession and does not change this attitude.
Additionally, while handling a client's case, the lawyer still has the right to refuse to continue the client's case in the following situations:
- The client makes new requests that are outside the scope of the lawyer's practice or are unethical or illegal;- The client does not accept the lawyer's legal and ethical advice for resolving the case, even though the lawyer has made efforts to analyze and persuade;- The client violates the commitments under the legal service contract, and the parties cannot reach an agreement, or the relationship between the lawyer and the client is damaged not due to the lawyer's fault;- There are threats or material or mental pressure from the client or others forcing the lawyer to act unethically and illegally, which the lawyer cannot confront;- The client uses the lawyer's services to carry out illegal acts;- There is evidence indicating that the client has deceived the lawyer;- Discovering the case falls under the circumstances for refusing to accept a client case;- Cases that must be refused due to legal regulations or other force majeure circumstances.
See more Code of Ethics and Professional Conduct for Vietnamese Lawyers.
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