5 notes for the attorneys in courts, arbitrations in Vietnam
The attorneys litigate in Vietnam at courts, arbitrations should regard for some essential points to create the success of the case.
- First of all, attorneys need to firmly grasp legal regulations related to their cases and the proceedings in court and arbitration. However, the attorneys should pay special attention to the proceedings regulated by the proceeding law where stipulating clearly the rights and obligations of the litigants, authorities conducting the proceedings as well as steps and ways to handle the cases in court, arbitration.
Firmly regarding those regulations, the attorneys can follow the procedures and methods appropriately to protect clients’ rights and interests in best way. For example, an attorney must be familiar with the provisions of the civil procedure code on the time limit for an appeal, that the attorney can advise clients to appeal within the prescribed timeline or an overdue appeal must have an appropriate reason prescribed by law or how to file a lawsuit at arbitration, the attorney need to advise the clients to prepare sufficient number of petition documents to submit according to regulations …
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- Carefully studying, preparing, organizing documents of case files. The attorneys should choose their own methods of organizing documents according to certain criteria such as chronological order or according to the importance of the case.
In addition, the attorneys should use assistive devices such as highlight pens, note paper, and paper clips to highlight emphasis and remember important points and documents of the case. The arrangement of documents scientifically helps the attorneys easily get documents when presenting, proving and not being hesitant to find documents.
- To attend the trial well, the attorneys need to rehearse from the presentation requesting, questioning, and debating. Prior rehearsals help the attorneys reviewing documents, anticipating possible situations.
Thus, when participating in the trial, the attorneys can present fluently, confidently and firmly and catching the opposite parties’ weak points to counter. Good performance at the trial can satisfy the clients, creat trust more in the attorneys and the judgment council also will respect for the attorneys.
- The recording at the trial is also quite important. A trial may contain a lot of complicated issues. There may have many parties, people, lawyers involved, then there may have lots of information. Thus, it is hardly to remember totally important points.
At that time, the attorneys need to record important and intentional points. Maybe after that, the attorneys can question on these important points that make the opposite parties revealing their weaknesses.
- It is also worth noting that litigation lawyers need to keep their attitudes, words, conduct in respect of the trial panel, arbitral tribunal and other lawyers to avoid disadvantage to the clients at the same time, concurrently, ensuring compliance with the code of ethics and conduct in law practicing, contributing to building a professional and civilized lawyer images and helping to resolve the case in the most beneficial way for the clients.
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The above recommendations are basic and necessary. The attorneys should pay attention during the process of their practice to fulfill their responsibilities with respect to their clients.
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