10 Prohibited acts regarding relationship with clients in Vietnam

10 Prohibited acts regarding relationship with clients in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. 10 Prohibited acts regarding relationship with clients in Vietnam

Prohibited acts regarding relationship with clients in Vietnam according to Rule 9 of the Code issued together with Decision 201/QD-HDLSTQ in 2019 include:

- Receiving, possessing and using client' money and property contrary to the agreement between the lawyer and the client.

- Soliciting, setting conditions for clients to give property or other benefits to lawyers or lawyers' parents, spouses, children, brothers and sisters.

- Receiving money or any other benefit from a third party to perform or not to perform work that prejudices the interests of the client.

- Create or take advantage of bad situations, false, incomplete or unfavorable information for clients to apply pressure on the client to increase the agreed fee or obtain other benefits from the client.

- Using information acquired from a case that the lawyer is in charge to seek improper benefits.

- Directly or using implied words or behaviors to inform the client of the lawyer‘s personal relation with presiding agencies, presiding persons or other authorized individuals, agencies, organizations in order to gain the client‘s confidence on the work results or for other illegal purposes.

- Intentionally giving out information to make clients confused about their capabilities and qualifications to gain the client’s trust for signing contract purpose.

- Promising and committing to ensure the results of the case on the contents beyond the ability and conditions of the lawyer.

- Taking advantage of the profession to have extramarital relationship with clients.

- Abusing positions other than lawyer title in performance of legal profession to seek illegal benefits.

2. Prohibited acts of lawyers in Vietnam

According to Clause 1, Article 9 of the Law on Lawyers 2006 (amended 2012), lawyers are prohibited to commit the following acts:

- Providing legal services for clients that have conflicting interests in the same criminal, civil, administrative lawsuit, civil cases, or other cases as prescribed by law (hereinafter referred to as cases);

- Deliberately providing, or guiding clients to provide, fake exhibits and documents; induce the detainees, suspects, defendants, litigants to provide false information, or induce clients to file illegal complaints, denunciations, or lawsuits;

- Reveal information about the cases and the clients that they know during their practice, unless such clients concur in writing, or otherwise prescribed by law;

- Harassing or deceiving clients

- Receiving or requesting any amount of money or benefit from clients apart from the agreed amount in the legal service contracts;

- Cooperate with other presiding officers, litigants, officers, or officials, to violate laws when resolving cases;

- Misusing the lawyer’s practice to negatively affect the national security and social order, to infringe the interests of the State, the public interests, and the legal interests of other organizations and individuals;

- Receiving or requesting any amount of money or benefit when giving legal supports to the clients entitled to legal supports by statute; refusing to resolve the cases requested by legal support organizations, by the presiding agencies, except for force majeure as prescribed by law;

- Insulting or assaulting other organizations and individuals during the proceedings;

- Committing or helping clients to commit violations of law to delay or obstruct the activities of the presiding agencies and other State agencies.

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