Lawyers’ representation beyond legal proceedings is an activity in the practice of lawyers that helps protect the legitimate rights and interests of clients when performing civil activities, transactions and working with government competent agencies.
So, what is the lawyers’ representation beyond legal proceedings? What does this practice mean? In this following post, T2H Lawyers would like to provide necessary information about these activities.
***The legal basis:
– The Law on Lawyers 2006 which was amended and supplemented in 2012;
– The Law on Legal Aid 2017;
– The Civil Procedure Code 2015;
– The Criminal Procedure Code 2015;
– And attached instruction documents.
Lawyers’ representation beyond legal proceedings:
Pursuant to Article 29 of the Law on Lawyers 2006, Lawyers’ representation beyond legal proceedings means that Lawyers may represent their clients in settling affairs related to the jobs they have taken within the scope and according to the contents of the legal service contracts or as assigned by agencies or organizations for which they practice law individually under labor contracts.
Lawyers’ representation beyond legal proceedings is also a form of legal aid. Article 33 of The Law on Legal Aid 2017 specifies that legal aid officers and lawyers providing legal aid shall act as representatives beyond legal proceedings for legal aid beneficiaries before competent state agencies.
Time of the lawyers’ representation beyond legal proceedings:
– The commencement time:
+ When the representation at law arises.
+ When the authorized representation is legally established by the mandator contract.
– The termination time:
+ Being regulated by law or upon expiration;
+ When the work is completed according to the agreement.
+ When one party dies, is missing, has been dead, has lost or has limited his/her civil act capacity.
+ When one party unilaterally terminates the mandator contract in representation beyond legal proceedings.
The rights and obligations of lawyers while performing representation beyond legal proceedings:
a.Some of the basic rights of lawyers when performing representation beyond legal proceedings:
+ Request agencies, related organizations to provide information, documents and create favorable conditions for the authorization.
+ Proactively provide legal aid within the scope of authorization, receive authorized remuneration under the agreement and be paid for reasonable fees.
b.Some of the basic obligations of lawyers when performing representation beyond legal proceedings:
+ Preserve and keep the received documents, keep secret information from the mandator;
+ Perform the task in accordance with the mandate in the best way and regularly notify the mandator;
+ Compensate for damage caused by fault in the process of representation beyond legal proceedings (if any);
+ Return the arising property to the mandator;
+ Notify a third party of the time and scope of mandate.
Some specifically cases of Lawyers’s representation beyond legal proceedings:
– Representing clients to perform the task in accordance with the mandate in negotiating and performing civil transactions with partners;
– Implementing legal procedures at state agencies;
– Representing in negotiating and resolving contractual disputes;
– Representing to implement procedures as negotiation, conciliation, settlement of internal disputes related to the establishment, operation, dissolution, merger, consolidation, division, separation, or transformation of enterpries.
– The representative lawyer protects the interests of the enterprise;
– Other activities of lawyers’s representation beyond legal proceedings.
Contact T2H Lawyers for more information.
T2H Law Liability limited company
Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi
Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Phone: 0242 242 9900 – 0989 656 682
Email: email@example.com – firstname.lastname@example.org