The role of lawyers in civil cases
In social life, when conflicts or disputes arise and the parties cannot resolve them themselves, the most effective solution for arbitration is to litigate and request a civil judgment.
There are various types of civil disputes, including:
- Inheritance disputes.
- Land disputes.
- Family and matrimonial cases (divorce, division of common property, child custody disputes, etc.).
- Claims for compensation beyond contracts.
- Labor disputes.
- Commercial disputes.
Relevant legal documents include
- The 2015 Civil Procedure Code,
- The 2015 Civil Code,
- And specialized laws such as the 2013 Land Law, the 2014 Law on Marriage and Family, and the 2019 Labor Code.
Legal Procedures for Initiating Lawsuits
Normally, filing a lawsuit will take place in 3 steps (for the court to accept):
- Step 1: Prepare and submit the lawsuit dossier to the court. The dossier typically includes
- The lawsuit petition,
- Information about the defendant,
- Relevant documents related to the dispute.
- Step 2: The court issues a notice to pay the provisional court fee.
- Step 3: Individuals receive the notice and pay the provisional court fee as required. Then, you submit the receipt of the fee to the court for the court to officially accept the case.
Role of Lawyers in Dispute Cases
- Depending on the stage of the proceedings, the lawyer may undertake some or all of the tasks. The most crucial task among them is analyzing the legal issues arising from the dispute, thereby identifying relevant parties (who the plaintiff is, who has rights and obligations, etc.).
Based on these analyses, the lawyer can advise clients regarding the strengths and weaknesses of each party in the case, as well as suggest ways to seek evidence for protecting their rights. This process involves developing options for negotiation, mediation, or courtroom litigation.
- In the case of the first instance judgment: the process of filing an appeal (followed by participation in the appellate court session, or even further, submitting a request for the cassation or retrial) or the execution of a legally effective judgment are crucial tasks.
In the case of the appeal, the lawyer will base on the first instance judgment to select the points that need to be appealed and advise the client on their decision. Subsequently, the lawyer will prepare and submit the appeal within the stipulated timeframe.
If the judgment is already legally effective, the lawyer will participate to ensure the proper enforcement of the judgment’s content. If the responsible party under the judgment does not voluntarily comply, it must go through the Judgment Enforcement agency.
- Additionally, in some dispute cases, the parties need to undergo the mediation process before litigating. Without a clear understanding of the regulations, the parties may overlook a necessary step, resulting in a waste of time (e.g., in divorce disputes, land disputes).
There are many disputes that can be entirely resolved through arbitration (either locally or court-arbitrated), without the necessity of waiting for a court. However, disputing parties often find it challenging to identify common ground in their perspectives to achieve a reasonable resolution. In such cases, lawyers, with their legal knowledge and analytical skills, can advise and propose solutions to reconcile conflicts between the parties, The lawyers shall ensure the rights and benefits of all involved, rather than strictly adhering to rigid legal provisions.
An Luat Vietnam is always ready to provide advice and support to clients, analyze legal issues in disputes, and develop optimal solutions for conflict resolution. We ensure the client’s rights and interests.
An Luat Vietnam is always ready to accompany clients to participate in litigation in court in various dispute cases and protect the legal rights and interests of clients.