DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC AGENCIES; RELATIONSHIP WITH OTHER LAWYERS

VIETNAM NATIONAL UNIVERSITY
OF HO CHI MINH CITY
UNIVERSITY OF ECONOMICS AND LAW
FACULTY OF LAW
====●O‫۝‬Ο●====

LEGAL ETHICS

Topic 5: DUTIES OF LAWYER TO THE COURT AND
OTHER PUBLIC AGENCIES;
RELATIONSHIP WITH OTHER LAWYERS

Ho Chi Minh City, October 22, 2017
1


CATEGORY
PREFACE......................................................................................................................... 4
Chapter 1. DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC
AGENCIES; RELATIONSHIP WITH OTHER LAWYERS IN VIETNAM.............5
I. PRINCIPLES OF LAWYER RELATION BETWEEN JUDICIARY BODIES
AND OTHER STATE AGENCIES................................................................................. 5
1.1............................................................................................................................ St
udy purpose, significance......................................................................................... 5
1.2............................................................................................................................ C
odes adjustment........................................................................................................ 5
1.3. The cause forming the relationship between lawyer and the judiciary bodies and
other state agencies......................................................................................................... 6
1.4............................................................................................................................ N
ature of relationship................................................................................................. 7
1.4.1. The relationship between lawyer and judiciary bodies...................................... 7

1.4.2. The relationship of the lawyer and other state bodies:....................................... 8
1.5. The behavior of the lawyer in relationship with proceeding authorities...................9
1.6. Laywers are forbidden form the following in relationship with judiciary bodies
.. 11
1.7.......................................................................................................................... Th
e behavior of the lawyer in relationship with other state bodies............................. 12
1.8.......................................................................................................................... Pra
ctice........................................................................................................................ 13
II. THE RULES OF RELATIONSHIP WITH COLLEAGUES................................ 14
2.1. Study purpose........................................................................................................ 14
2.2. Study significance.................................................................................................. 15
2.3. The behavior of the lawyer in relationship with colleagues................................... 15
2.3.1. Rule 15: Protect dignity and credibility of the lawyers.................................... 15
2.3.2. Rule 16: Respect and cooperate with colleagues............................................. 16

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2.3.3. Rule 17: Colleagueship among lawyers........................................................... 18
2.3.4. Rule 18. Profession Competition..................................................................... 19
2.3.5. Rule 19: Code of conduct in case of right and interest conflicts with colleagues
.....................................................................................................................................
20
2.3.6. Rule 20: Behaviours forbidden in relationship with colleagues.......................21
2.3.7. Rule 21: In relationship with lawyer social – professional organizations – and
legal practicing organizations.................................................................................... 22
2.3.8. Rule 22. In relation with the lawyer apprentice............................................... 23
2.4. Practice.................................................................................................................. 24
Chapter 2. DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC
AGENCIES; RELATIONSHIP WITH OTHER LAWYERS IN FRANCE..............26

INTRODUCTION.......................................................................................................... 26
I. THE DUTIES OF THE LAWYER............................................................................ 27
1.1. The principe of independence................................................................................ 28
1.2. The principe of loyalty........................................................................................... 29
1.3. The principe of confidentiality............................................................................... 30
1.4. The respect of the professional secret.................................................................... 30
1.5. The duty of information, advice and diligence....................................................... 32
II. THE RELATIONSHIP OF THE LAWYER........................................................... 33
2.1. The relationship of the lawyer with his client........................................................ 33
2.2. The relationship of the lawyer with his colleagues................................................ 34
2.3. The relationship of the lawyer with the other agencies.......................................... 35
CONCLUSION............................................................................................................... 36
REFERENCE MATERIALS........................................................................................ 37

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PREFACE
The form of principles of ethics and lawyer professional behaviors relax to
judiciary bodies, other state agencies as well as colleagues have particular importance in
evaluating positions, the roles and the effectiveness of lawyer professional activity.
Deeply experienced, flexibility and clever application of the rules will help to raise
the lawyer’s sense of self-awareness to execute obligation ethics and professional
behaviors and communication; to limit errors, misconceptions and violations, to improve
the efficiency of work, to contribute to the social function of lawyer, to establish strong
position and effective voice in the cause of state’s jurisdiction, respect and protection of
human rights in the judiciary, gain respect from judiciary bodies, other state agencies and
colleagues.

CHAPTER 1:
DUTIES OF LAWYER TO THE COURT AND OTHER PUBLIC
AGENCIES; RELATIONSHIP WITH OTHER LAWYERS
IN VIETNAM

I. PRINCIPLES OF LAWYER RELATION BETWEEN JUDICIARY BODIES
AND OTHER STATE AGENCIES
1.1.

Study purpose, significance

Due to the require of professional activity, the relationship between lawyer and
judiciary bodies has established a regular and close. To specific the principles in this
relationship requirement in legal awareness.
Understanding the principles, lawyer will pay attention, build, establish
relationships lawyer and judiciary bodies, promote better, healthier relationships,
proactive positive and above all is to bring benefits of legal work.
1.2.

Codes adjustment

Lawyer’s activity is a judicial supplementary activity, which is inevitably relate to
how the judiciary bodies at all phases of the proceedings.
Lawyer’s activity is not only stipulated in Lawyer law, the Decrees stipulating
details and the Circular guiding to make of Lawyer law which are almost related to all
legal documents, litigation areas


Lawyer not only appears to institute the defense counsel through criminal cases
but also the preserver of legal rights for the litigant or the representative for the litigant in

civil, administrative, economic, labor,…
Lawyer not only participates in legal action but also participates in arbitration
lawsuit disputes
In addition, the provisions in Rules 23, 24, 25 of the Vietnam Ethical Rules and
Code of Conducts for Lawyers, issued in accordance with Decision 68/QD-HDLSTQ
20th July 2011 of national lawyer council.
In essence, lawyer’s activity is presented in all legal relationships, involved in
legal protection for organizations and citizens in various legal capacity.

1.3. The cause forming the relationship between lawyer and the judiciary
bodies and other state agencies
- Cause 1: In reality, the legitimate rights and benefits of citizens is at risk of
being harm. Therefore, to assure the right of the counsel – subject executes an essential
exculpate function - is considered to be an indispensable condition for ensuring the
principle of fair litigate, giving criminals the change to access to justice and proceeding
in criminal has its intrinsic democratic nature.
- Cause 2: At present, laws determine in specific legal status of the judiciary
bodies with defenders is different, to a degree that there yet to have legal and practical
equality. In social terms, lawyer has not been recognized as an independent judiciary, so
he has not been involved more in state of law building process and democratizing aspects
of life, have yet cover all the provision of legal services to citizens, especially
underserved regions, economic zones, rural areas, mountainous areas, islands,… To a
certain extent, the judiciary bodies, other state bodies and society perception on the
position, the role of lawyer is disregarded, indifferent and place this important


professional in general position of interaction and criticism as constituting constituent
judicial operators.
- Cause 3: On the other hand, also pay attention to the fact that some lawyers lack
of professional skills and ethics, so throughout practice of profession process, only

interests in customer’s benefits at all costs, resulting in poor awareness, behaviors and
actions to the judiciary bodies and other state bodies, born the idea of “your right, my
right”, lead to the risk of law violation, ethics and behaviors in practice.
Therefore, the correct concept of opponency relationship between criminal
procedure functions, identify essence of relationship between lawyer and the judiciary
bodies and other state bodies is important in each lawyer’s practice in profession. When
performing their social function, lawyer also contributes to build socialist state law
process, guarantee of human rights, the bridge to transmit, bring law into society, healthy
society relationship and is the basic to help each lawyer have a right choice of behavior

1.4.

Nature of relationship

1.4.1. The relationship between lawyer and judiciary bodies
Lawyer contact, accurately identify judiciary bodies, officials to participate in the
lawsuit, participate in interrogation sessions, work between investigators, procurators and
judges with the defendant; carry out some activities, operations, skills, exercise the rights
and obligations, what should be done and what should not of the defense counsel in
criminal lawsuit… Lawyer must know how to apply, being flexible, proper when
involved in each sphere of work or litigation stage, makes requests or recommendations,
petitions are accurate and appropriate. (1)
Attitudes and behaviors when participate in lawyer’s court (and through lawyer, is
client’s attitudes behaviors) to the litigants position, the role of lawyer in the litigation
1

Art 22, LAW On Lawyers 2006
Art 24, Art 76 Civil Procedure Law 2015
Art 76, Criminal Procedure Law 2015

shows objective truth of the case, on the basic of protecting the client’s rights and
benefits.
Perception and behaviors in life, ensure in handling these relationships in a
healthy, standard way, without engaging, mediating and interconnecting judiciary bodies
and officials into illegal act, or deliberately misleading the acquaintance to influence the
client’s choice of lawyer; defame, offend, affect the reputation of judiciary bodies.(2)

1.4.2. The relationship of the lawyer and other state bodies:
When working with representational behavior outside litigation, the lawyer
advises or provides some legal vevices to customer. The scope of this relationship is often
more fexcible, abundant and multitorm than he hard standard when joining the litigation
in criminal case.
It is this difference that the lawyer defy some have priciple such as preparing
posture, attitude, action and behavior to state bodies or the person being responsible for
solving the work, demand of customer.
The state bodies are subjects that the lawyer often exchange, contact. They have a
lot of different rank and form, expand all field of life and society. In order to have
standard behavior an attitude and respond the demand of customers, the lawye need
understand jurisdiction, function and duty of state bodies, person being reposible for
solving the work as well as process, solving-time, limit of advise and obility to respond
demand of customer.
On the other hand, this relationship also have many conflict because the lawyer
can't respond demand of customers, they will be angry and complain, report to rise
suddenly in rank and untrue. Therefore, this effects negatively to solving-process as well
as prestige of state bodies. Obeying and using principle of the moral and the behavior

2

Art 9, LAW On Lawyers 2006

correctly will help the lawyer reach belief from customer, and the respect from state
bodies to them.

1.5.
authorities

The behavior of the lawyer in relationship with proceeding

According to Rule 23 in Vietnam Ethical Rules and Code of Conducts for
Lawyers (Issued in accordance with Decision 68/QD-HDLSTQ 20th July 2011 of
national lawyer council)(3)
- Lawyers must stricly comply with the regulations in relation to judiciary bodies;
cooperate, respect and remain polite with those officials in the judiciary bodies. This is
clearly provided in this principle.
- Lawyer can exchange professional opinion with officials in the judiciary bodies
during the process of case handling, if necessary and beneficial to client, however, still
remain independent, not affected by other opinion which affect the protection for clients.
However, the perception of the scope of contact, location of contact and understanding of
what is "exchange of professional opinion" with officials in the judiciary bodies should
be clarified. The contact and exchange in principle should be conducted openly, at the
office of the judiciary bodies, in the office hours, related mainly to the exchange of
grounds for conviction and evidence, provided collected document by lawyers, verified
or requested justifyings to protect legitimate interests, change the preventive measures for
client,... Lawyers need to acknowledge the contact and exchange of opinions on the
business is necessary and beneficial to client, so must be independent, not dominated or
depended on other opinions which may affect their opinions, defense plans, protect
clients' legitimate interests.
- At court, lawyers comply with the court’s regulation, respect judiciary council,

representative from procuracy; well behave when practice the witnesses and other
3

Vietnam Ethical Rules and Code of Conducts for Lawyers (Issued in accordance with Decision 68/QD-HDLSTQ
20th July 2011 of national lawyer council)


involved persons; not speculate subjectively to convict other person or have words to
harm the client; not postpone or delay the judiciary proceedings by unreasonable or
immoral manner. In fact, some lawyer’s point of view always covers subjectivity, the
issue that needs to be differentiated is avoiding unilateral and subjective aware cause that
words, actions and documents sent judiciary bodies have the words and sentences which
are provoking, shooting, accusing others. This often happens in practice, either because
the attorney's position is based on different interests of the client, or because of the lack
of restraint resulting in a personal disregard for the content of the dispute case.
- In arguments, lawyers must quote legal, important evidence to help solve the
case objectively, legally as well as protect the laywer’s opinion resolutely. On the other
hand, practical participation in the proceedings in the criminal case shows that point of
view, lawful evidence and legal basis that are important to resolve the case objectively
and legally are not surely considered by the trial panels. In the dabate, Lawyers need to
have a cultural and standardized atitude, both presit in protecting legitimate, justifiable
point of view and arguments and adjust in a timely manner, record grounded view of
procurator and Lawyers protecting people who have conflicting interests with their
customer, to advoid to be considered as.
- Lawyers remain calm and have rights to request reasonably, legally against
misbehaviours such as disrespect of the lawyer or laywer’s client at the court as well as
during the judiciary proceedings.


1.6. Laywers are forbidden form the following in relationship with judiciary

bodies
According to Rule 24 in Vietnam Ethical Rules and Code of Conducts for
Lawyers (Issued in accordance with Decision 68/QD-HDLSTQ 20th July 2011 of
national lawyer council) (4)
- Directly or indirectly deal with the officials from judiciary bodies to persuade
them to handle the case illegally;
- Provide information, documents, evidence that laywer know it is untrue;
participate or guide client to provide untrue information, documents, evidence to
judiciary bodies or other fraud activities to deceive judiciary bodies;
In principle, the content of rule 24.1 and 24.2 is considered clear, in accord with
regulations of Point b, e paragraph 1 article 9 in Law on lawyers 2006, amended
2012:
b) Deliberately provide or guide clients provide documents, evidences are untrue;
encourage detainees, internees, indictees, the person concerned to make a false
statement or encourage clients to complain, denounce, claim illegal.
e) Hook up, relate to officials in the judiciary bodies, proceedings participants,
officials, public servants, office-holders to act against the law to solve the case.
- Lawyers carry out or help client carry out illegal activities to delay or cause
difficulties to judiciary bodies and their officials during the handling of the case. The
concept of “illegal” in this case include that the lawyers know clearly about request
delayed, prolonged solving the case without legal basis, but carry out or incite clients
carry out to delay or cause difficulties to judiciary bodies.
- Criticize or offend persons in the judiciary proceedings;
11 Vietnam Ethical Rules and Code of Conducts for Lawyers (Issued in accordance with Decision 68/QDHDLSTQ 20th July 2011 of national lawyer council)

11


- Abuse the role involved in the judiciary proceedings to comment and harm
national, social benefits, national, religious solidarity or propagandize illegal or immoral

points of views. Lawyers must be aware of a lawyer’s social fuction, lawyers must not
take advantages as a participant in the proceedings at the court according to regulations of
the Law, to make speeches that harm the National benefits, social benefits, national unity,
religion or to spread points of view that go against the Law or societal morality. Those
must-not-do things mentioned above is different in essence compared to when a lawyer,
while participating in the proceedings, has figured out and made suggestions which aims
to end up Law violations in the actions of judiciary bodies. Bravery, political qualities
and job skills, along with practical experience are the things that will help every lawyer
self-regulate the boundaries so that their actions can go along well with those rules above.
- Misbehave such as leaving without permission when in the judiciary proceedings
which affect legitimate rights and interests of clients and activities of the Trial panel;
- Make untrue annoucement on mass media or in public places on issues handled
by the lawyer, aiming to adversely affect activities of judiciary bodies and officials.

1.7.

The behavior of the lawyer in relationship with other state

bodies
According to Rule 25 in Vietnam Ethical Rules and Code of Conducts for
Lawyers (Issued in accordance with Decision 68/QD-HDLSTQ 20th July 2011 of
national lawyer council) (5)
- In relation with other state bodies as extrajudicial representation, consultant or
provider of other legal services to clients, lawyers must comply with regulations in Rule
23 and Rule 24;

5 Vietnam Ethical Rules and Code of Conducts for Lawyers (Issued in accordance with Decision 68/QD-HDLSTQ
20th July 2011 of national lawyer council)

12

- In relation with other state bodies, in order to carry out tasks, lawyers must be
polite, respect and resolutely refuse fraud activities, immoral acitivities. The reality of the

6 Vietnam Ethical Rules and Code of Conducts for Lawyers (Issued in accordance with Decision 68/QD-HDLSTQ
20th July 2011 of national lawyer council)

12


lawyer’s professional practice often encounter cases as authorized representation or the
lawyer advises long and complication appealable matters, go through many ranks, inside
of including the requirements of customer which exceed normal administrative procedure
standards (for example, from unresolved appeal, being incited by others, inducing large
numbers of people to gather or demonstrate with banners or slogans which oppose, distort
state’s policies, laws etc). That’s the reason why in such cases, lawyers are responsible for
explaining to clients about legal regulations on complaint lodging, accusation to advise
client not to lodge illegal complaints or accusation that waste time and resource of the
State, people and affect state management on social security.
- Lawyers are responsible for explaining to clients about legal regulations on
complaint lodging, accusation to advise client not to lodge illegal complaints or
accusation that waste time and resource of the State, people and affect state management
on social security;
- Laywers must not delay or cause difficulties to authorized state bodies in
handling cases he/she is undertaking as the representation, advisor or provider services to
customer.

1.8.

Practice:

From the above rules, each lawyer need apply rightly, creatively, flexibly for each
individual and case to establish a strong position and critique in the cause of building
state of law; respect and assure the human right in judiciary activity; being respected by
judiciary bodies, other state bodies and colleague.
Although the law has specific provisions on the code of conduct of lawyers with
state agencies, actually, there are many lawyers violating this rule. 1st quarter of 2017,
the Ministry of Justice decided to revoke the lawyer's practice certificate in 29 cases, of
which 17 were withdrawn according to their wishes and 12 were disciplined by removing
the names from the bar associations' lists. Of these, 8 cases were disciplined for removal
13


of names due to violations of the Law on Lawyers, the Charter of the Bar Federation and
the Code of Ethics and Professional Conduct of Vietnamese Lawyers.
These behaviors affect the prestige of lawyers, the Party, the State and society. The
Vietnam Bar Federation also requires lawyers to be more cautious when making
statements, making judgments in the media about complex issues that have not been
resolved by the judiciary. If lawyers are found guilty, they shall be remedied, promptly
and resolutely handling cases of deliberate violations of law or ethics or recidivism as
provided for by the rule of law.

II. THE RULES OF RELATIONSHIP WITH COLLEAGUES
2.1. Study purpose
As a professional activity, lawyers have a lot of relationships with state agencies,
clients and co-workers. Relationship with colleagues is very important for the practicing
lifetime of a lawyer. This is a cooperative relationship to improve operational functions
and serve them customers better.
Helps lawyers understand the position and importance of Relationship with

colleagues in the system of socio-professional organizations ; get awared to Viet Nam Bar
Federation is a unified socio-professional organization of lawyers in Vietnam, which is
the collective house of all bar associations and member lawyers. From that awareness, the
lawyers are responsible for consolidating and preserving the unity in the world. They’ll
contribute to build up the contingent of Vietnamese lawyers and Viet Nam Bar Federation
is growing stronger and better by the day that is worthy of the praise’s society together.


2.2. Study significance
- Recognizing that a lawyer's ethics is a form of social consciousness, a synthesis
of rules, a system of principles and standards of lawyers. Thanks to this recognizability,
the lawyer readjust his behavior to be in conjunction with clients, judiciary bodies and
colleagues.
- Having a good grip of the rules are provided in Chapter III of Vietnam Ethical
Rules and Code of Conducts for Lawyers.
- Self-realizing and applying creatively for rules of Chapter III of Vietnam Ethical
Rules and Code of Conducts for Lawyers about relationship with colleagues for the
practicing lifetime as well as in daily life.
- Keeping good relationship with colleagues for the common cause of Vietnamese
lawyers.

2.3. The behavior of the lawyer in relationship with colleagues
Chapter III of Vietnam Ethical Rules and Code of Conducts for Lawyers
consists of eight rules (from Rule 15 to Rule 22). These rules define the moral obligations
and behavior of lawyers with colleagues, socio-professional organizations in which the
lawyer is a member, with trainee solicitors.
2.3.1. Rule 15: Protect dignity and credibility of the lawyers
1. Lawyers are obliged to respect, protect dignity and credibility of laywers as
well as to protect dignity and credibility of their own:
- Honor and prestige is a requirement for everyone, especially for lawyers, the

protection of honor and prestige is important.
- Lawyers have an obligation to protect the prestige and honor of lawyers.
Lawyers are obliged to promote the best traditions of lawyer's profession, to regularly


improve their professional qualifications, to preserve their professional qualities and
prestige. They have a cultured and reasonable behavior in practice and lifestyle to deserve
the trust and respect of society for lawyers.
2. Maintain internal solidarity, contributing to build up clean and firm lawyer
teams who deserve social respect and trust.
- The issue of internal solidarity is important for the lawyer in relationship with
colleagues.
- There are three factors that lead to internal solidarity in lawyers: Solidarity is
seen in the lens of evaluating the effectiveness of the lawyer's work, defining the concept
of solidarity among lawyers and spread the influence of that definition, Solidarity is seen
as a way to ensure the effectiveness of the lawyer's work.(6)

2.3.2. Rule 16: Respect and cooperate with colleagues
1. Lawyers must be cooperative and respect their colleagues. Criticism to
colleagues must be made in a cautious, objective, due and constructive manner
- Lawyers don’t enhance themselves and pay attention to colleagues. Have you
ever realized that when you look at a photo with a lot of people in it, you always want to
look at yourself first? Human, wherever they are highly selfish. Everyone wants to be
lauded, praised, and if you are a superior, of course you will be feared by subordinate,
and if you are an ordinary person, you will be loved if you stop focusing on enhancing
yourself and began to pay real attention to them. When a lawyer knows to pay attention
to colleagues, he will receive the same attention.
- There must be a proper and effective way to criticize colleagues in ensuring
solidarity among lawyers.

6

Lawrence Chong, 2014, "Three Factors" Against "Internal Solidarity." Taken and aggregated from:
visited date: 04/09 / 2017


- Maintaining a good relationship with colleagues is important to the lawyer as
well as the law office. Attorneys must always maintain good relationship with their
counterparts, if it does not affect the interests of the client and may create goodwill in the
future.
- "Efforts, self-respect. Self-respect will also help you put yourself into discipline.
When you have both, you definitely have real strength."- Clean Eastwood.
2. Lawyers must be cooperative and help colleagues in professional practices as
well as in life; advise in due time when colleagues misbehave to avoid adverse impact on
lawyers’ credibility
- Collaborating, helping colleagues in practice and life which is the moral
responsibility of a lawyer.
- Timely feedback when colleagues strike a false note, affecting the reputation of
professional lawyers. This is important for protecting the honor and reputation of
lawyers.
- Discrediting other lawyers by enhancing yourself is immoral. If you find that
another lawyer has a negligence, you may be resolute and sympathetic. If the own lawyer
is deficient, he or she will be satisfied when treating with the same way by another
person.
- Lawyers must be careful in criticizing or censuring others. Lawyers shouldn’t
have offended opinion about another lawyer. Lawyers must have a friendly attitude and
respect for their colleagues, a sense of cooperation and help colleagues in practice as well
as in life.
3. Upon receiving a case, if it were known that the case had been in charged by
another colleague, the lawyer must avoid affecting the client’s decision to choose

him/her; the lawyer is obliged to request the client to provide the termination contract
with the colleague before officially taking the case.


- This is a rule that regulates the behaviour of a lawyer in dealing with colleagues
about the same customer, demonstrating respect for the colleagues and avoiding
unnecessary conflicts in a co-worker relationship.
- A lawyer must be honest, forthright, goodwill to other lawyers. However, the
most important duty’s lawyer is the obligation to his clients.

2.3.3. Rule 17: Colleagueship among lawyers
1. Colleagueship remains lawyers’ nature of morality and sentiment and the
nation’s tradition, which needs expressing specifically in work as well as in events such
as weddings, parties, accidents, diseases, risks, deaths related to colleagues
- As we all know, the history of Vietnam has spent a thousand years building and
defending the country. This process has trained and fostered the generations of
Vietnamese people who are patriotic, ready to sacrifice themselves to save the country,
love guys, love neighbor, the psychological strength to endure suffering and hardship...
These qualities have become traditions for a thousand years. The professional ethic’s
lawyer is crystallized from the good tradition’s ancestors. (7) In order to contribute to a
particular culture of the profession’s lawyer, each lawyer must have a proper appreciation
of the judicial culture and the cultural style’s profession. To do this, lawyers must really
love the profession which they have chosen. Each lawyer has responsibility for
developing and maintaining the bright spots of profession. They must have a sense of
preserving their morality and dignity, and maintaining good relationships with others and
colleagues.
- This rule adjusts the behaviour’s lawyers in situations where they express their
colleagues’s sentiment so that attorneys can behave properly and show the ethical
traditions of lawyer's profession
7

Minh Thu, 2012, "Ethical Education of the Vietnamese Nation". Taken from: viet-nam.html, visited date: 04/09/2017


2. Lawyers are not affected by win – lose outcome in practices or other social
relations which adversely affect solidarity among laywers.
- Professional ethics requires an attorney not letting colleagues’s sentiment to be
affected by work results or other social relationships.
- A colleagues’s relationship is adjusted by Ethical Rules and Code of Conducts
for Lawyers and it demonstrates the self-management of the lawyer's professional
activity. In the code of ethics, there are fundamental relationships such as relationship to
occupational seniority, client acceptance, procedure,... and what lawyers should avoid. As
a legal instructor, the role of a lawyer is indispensable in the refutation's activities. The
power’s lawyer is the counter-argument. The activity’s lawyer should ensure that his
judgmentality is clearly distance so as not to interfere with sophistry. That is also the
foundation of lawyer's professional activity ethic.

2.3.4. Rule 18. Profession Competition
Lawyers practice fair profession competition under the regulations of Lawyers
Law and related laws, according to the Charter of Viet Nam Bar Federation, Ethical
rules and code of conducts, through which to enhance clients’ and public trust in lawyers,
contribute to promote the development of lawyer practice in Viet Nam.
- Professional rivalry is the competition between lawyers, law practice
institutionsthrough certain measures and methods.
- When there are conflict benefits in the work, lawyers have to show goodwill of
negotiation to keep the sentiment. In particular, lawyer must not use unlawful tricks to
harm colleagues and take advantage of their own, collude with lawyer of customers
having opposite interests to theirs, brokerage customers for colleagues to get commission.
- Competition is one of the basic economic rules of the market economy. Ensuring
free and fair competition is often considered as an important solution to ensure a healthy

business investment environment. Fair competition between lawyers will build trust in
clients and public.
- In general, a lawyer must not meet or contact a person if he / she knows that
person has hired another attorney to represent for the case of his or her concern, unless
with the permission of that attorney or there is reason to believe the attorney is no longer
representing the customer.

2.3.5. Rule 19: Code of conduct in case of right and interest conflicts
with colleagues
1. In case of right and interest conflicts with colleagues, lawyers need to express
willingness for negotation, conciliation to maintain good colleagueship; before lodging
complaints on colleagues to court, lawyers need to inform the Standing Committee of the
Bar Association of which the lawyer is a member;
- This rule defines the priciple dispute settlement betweenlawyers in the
relationship between lawyer and the Bar Association which express the ethical lawyer
profession.
2. When being informed of the complaints lodging, the Standing Committee of the
Bar Association need to meditate duely to avoid adversely affecting colleagueship as well
as rights to lodge complaints to court of lawyers under the legal regulations.
- This rule specifies the responsibilities of the Standing Committee of the Bar
Association for contributing to settle dispute between lawyers. The role of the Standing
Committee of the Bar Association is to resolve complaints and denunciations in
professional activity. At the same time, we must uphold the responsibility for protecting
lawyers who are falsely accused or not in scope of application the law and Vietnam
Ethical Rules and Code of Conducts for Lawyers.


- The timely conduct of conciliation between lawyers is important in preserving

internal solidarity and enhancing the co-operation of lawyers.

2.3.6. Rule 20: Behaviours forbidden in relationship with colleagues
1. Offend or lower prestige of colleagues; make pressure, threaten or use illegal
tactics against the law and ethical rules and code of conduct to harm colleagues or take
advantages in professional practice;
2. Make a deal with the lawyer of the opposing client to seek for personal illegal
benefits
- Make customers lose trust in lawyers, from that point legal services will no
longer develop.
3. Exchange, contact personally with the opposing client to handle the case
without informing the colleague lawyer (if any) who protect the rights and interests of
that client
- This action will show respect for colleagues; show transparency, honesty in
practicing.
4. Broke clients to colleagues for commission
- People may think that lawyers are materialistic and do not pay attention to
protect the legitimate rights and interests of clients and eventually lose the good image of
lawyer in the public eye.
5. Practice unfair competition to gain client
- Compare profession capacity with other lawyers or other legal practicing
organizations, aiming to build trust to affect client’ choice of lawyers


- Intentionally affect the independence and objective in colleagueship which
remain accquaitance with the lawyer such as teacher – student, senior – junior, familial
relations
- Urge the client to refuse another colleague to take the case
- Use the staffs to access clients at headquaters of judiciary bodies, detention
bodies, governmental bodies to attract clients to use the services. Honest and welleducated business lawyers do not cheat or bait their customers. Their sustainable

development is always based on the principle of "bringing benefits to

customers",

serving customers like God. They can apply commercial tricks within the scope permitted
by Law to compete and entice customers to them. But they must not cheat, not evenfool
around to spend their customers’ money. In a civilized market society, profit does not
always create unscrupulous chases, only have muddy and bloody like many prejudice.

2.3.7. Rule 21: In relationship with lawyer social –
professional organizations – and legal practicing organizations
1. Laywers are obliged to respect, protect dignity and credibility, comply with the
Charter, resolutions, decisions of the Bar Federation, Bar Association and regulations,
decisions of the legal practicing organizations.
2. Lawyers are responsible to implement the following obligations:
- To protect clients when assisnged by the Bar Association, legal practicing
organization in crime cases as requested by the juriciary bodies. The compulsory
participation of advocate in criminal procedure is a humane provision of the Criminal
Procedure Code. In order to promote this humanity, lawyers should actively comply with
appointment because the vindicative right is not only necessary for internee but also
beneficial to the juriciary bodies and the task of determining the objective truth’s case,
adjudicate a legal iron ball, not to let the criminals and make injustice innocent.


- Offer free consultance services, capacity training and other activities as regulated
by the lawyer social - professional organizations and legal practicing organizations. A
lawyer involved in a free advice is a great contribution to society. One of the factors that
led to prolonged complaints is that people do not understand the law. Therefore, legal
advice helps people clearly comprehend, and then decide whether to extend redress or not
and where to suits, which are strictly necessary. Lawyer should listen to understand the

nature of the case, advise considerably and understand the legal relationship in the case.
Lawyers must not let people misunderstand that they are the prolonged arm by the State
and the Government Inspectorate.
- Pay membership fee in due time and comply with regulations on fees as under
the laywer law, Charter of the Bar Federation, Bar Association, and Ethical rules and code
of conducts
- Participate in activities chaired or initiated by the legal practicing organization.
While practicing, lawyers are not allowed to take advantage of other titles apart from
laywer tittle to gain illegal benefits.

2.3.8. Rule 22. In relation with the lawyer apprentice
- Power and responsibility of Lawyer trainer(8):
+ Guide the apprentice to update their legal knowledge, skills in litigation,
legal advice skills, out-of-court representation skills, implementation of other legal
services, management skills Lawyer's practice organization, the implementation of
Vietnam Ethical Rules and Code of Conducts for Lawyers, the rights and
obligations of the apprentice.
+ To monitor and supervise the work of the apprentice assigned by him /
herself, and sign daily confirmation in the apprentice's register.
8

Article 13 of Circular 19/2013 / TT-BTP


+ Remarks of the apprentice's report, which clearly state the strengths and
limitations of the qualifications, professional qualifications, practicing skills, sense
of law observance, sense of discipline and the implementation Vietnam Ethical
Rules and Code of Conducts for Lawyers of apprentice.
+ Enthusiastic, responsible for coaching the apprentice; take full
responsibility for the affairs that an apprentice performs according to his or her

assignment and direction.
- Lawyer trainers are forbidden from the following:
+ Discriminate or personal mistreatment with lawyer apprentice. Request
for money, physical benefits from laywer apprentice apart from the fees as
regulated by the Viet Nam Bar Federation.
+ Take advantage of the role as laywer trainer to force the apprentice to do
activities not in the range of training to serve for the personal benefit of the trainer.

2.4. Practice
In fact, there are some lawyers who defame their co-workers. For example, on
20/08/2017, an article was published reporting: A lawyer was asked to consider
disciplinary action against a social networking colleague. The lawyer is called Vo An
Don. The reason for the disciplinary review of lawyer Vo An Don is due to "On the
social networking site (facebook: Vo An Don) has many articles defamation lawyer,
posted the clip interview between lawyer Vo An Don and foreigners with the contents of
incitement, distortion is not true, negatively affect the prestige of the Party, the State and
the lawyers of Vietnam. "
The notice also stated that when the management board of the Phu Yen Bar
Association invited to work, lawyer Don did not acknowledge and agree to the authorities