Lawyer Authorized Company Representative in Court
During the process of business operations, engaging in legal proceedings in court (or arbitration procedures) to resolve disputes is something no business desires. However, these procedures are mandatory for businesses to seek legal protection for their rights and legitimate interests in disputes. When undertaking legal proceedings, businesses should seek the assistance of a lawyer to ensure that they have followed the required legal procedures correctly, comprehensively, and effectively.
There are various types of disputes that businesses may encounter
- Land disputes, especially in determining land boundaries during project implementation.
- Disputes related to commercial contracts.
- Claims for compensation for damages beyond contracts.
- Labor disputes.
- Administrative lawsuits challenging administrative decisions that do not comply with legal regulations.
Relevant legal documents include:
- Civil Procedure Code 2015.
- Civil Law 2015.
- Specialized legal texts such as the Land Law 2013, Commercial Law 2005, Labor Code 2019,…
- If the business is the plaintiff, the business will initiate legal action through 3 steps below (for the court to assume jurisdiction):
- Step 1: Prepare and submit the lawsuit documentation to the court.
- Step 2: The court issues a notice for the submission of the advance court fees.
- Step 3: Receive the notice and submit the advance court fees. Then, submit the advance court fees receipt to the court for the court to officially assume jurisdiction. Subsequently, follow the procedures as per the court’s notifications.
- If the business is the defendant, the business will officially participate in the lawsuit after receiving the court’s notification. The first task to do is to check the case information (who initiated the lawsuit, the subject matter, whether is there still a statute of limitations? etc.) and drafting a document expressing opinions to the court. The business formally joins the lawsuit (or requests the court to reject the case due to the expiration of the time limit).
The Role of Lawyers in the Lawsuit
There are a lot of works included in Actual court proceedings
Plaintiff: Lawyers are responsible for drafting and submitting the lawsuit, specifying the jurisdictional authority.
Defendant: Lawyers are responsible for identifying the time limit for filing a counterclaim and submitting review requests. Both parties have to participate in consultation sessions, mediation in court, and extract documents (if necessary), and lawyers will also have to attend those, besides the hearings.
- Depending on the time of involvement in the case, the lawyer may perform some or all of the following tasks. Analyzing the legal issues arising from the dispute is the most crucial task the lawyer can do. Based on case details and relevant legal issues, the plaintiff (and the defendant) will identify parties involved in the case (defendants, witnesses, parties with relevant rights and obligations, etc.).
The lawyer will also help the client identify the strengths and weaknesses of each party in the dispute. Then the lawyer will determine directions for obtaining additional information and strategies to protect necessary evidence. The lawyer will assist in identifying the optimal time to submit evidence to the court too.
This information is crucial for clients to work during court mediation sessions and litigation in trial sessions.
- After having the first-instance judgment: filing appeals and participating in appellate hearings, and further procedures such as the Cassation, retrial, or organizing judgment enforcement for effective judgments are essential tasks.
In the case of the appeal, the lawyer will rely on the first-instance judgment, available documents, and evidence to select and advise the client on appeal points. If the judgment is validated, the lawyer will participate to ensure proper enforcement, especially in cases where the obligated party does not voluntarily implement the judgment.
- On the other hand, many cases can be resolved through the mediation process. It could be agreed that it is necessary to have someone guide the disputing parties to see commonalities in their rights and interests, thereby proposing solutions acceptable to all.
Well-legal proficiency lawyers can advise and provide solutions for negotiation and resolution. Resolutions agreed upon by both parties at mediation will be much more enforceable than court judgments.
The experienced lawyers of An Luat Viet Nam are always ready to advise and support clients, analyze legal issues in disputes, and develop optimal solutions for conflict resolution. We ensure the client’s rights and interests.
An Luat Viet Nam is always ready to accompany clients in participating in court litigation for various dispute cases, protecting legal rights and interests before the court.