Just like any other case, before contacting and discussing with the client, the lawyer must find out information about the client, the details of the case as well as other information related to the case. judgment. Depending on each specific crime case and specific client, Lawyers use different methods of contact and communication; The content of little exchange is different, the content of consulting for customers is different. Lawyers also need to prepare themselves or choose someone knowledgeable about international law to help during the contact and exchange process.
1. For customers who are foreigners or foreign commercial legal entities
Just like any other case, before contacting and discussing with the client, the lawyer must find out information about the client, the details of the case as well as other information related to the case judgment. Depending on each specific crime case and specific client, Lawyers use different methods of contact and communication; The content of little exchange is different, the content of consulting for customers is different. Lawyers also need to prepare themselves or choose someone knowledgeable about international law to help during the contact and exchange process.
1.1. Issues of language selection and use
For criminals who are foreigners or foreign commercial legal entities (through legal representatives), lawyers need to pay attention to their nationality, thereby determining the language they use to communicate. , exchange. If they know and agree to use Vietnamese to communicate, the lawyer should also check the reality and only communicate in Vietnamese if the client is proficient in using it. Lawyers must be prepared to interpret and translate. Interpretation can be prepared by the client or the lawyer but requires agreement from both parties.
However, when making and signing a legal service contract with a client, the lawyer needs to agree with the client on the language to use. If you can use the spoken and written language of the customer’s nationality, it will be easy for both parties. If it is not possible to use the language and writing of the customer’s country of citizenship, the English language should be used as the basis for communication and contract formation.
1.2. Explain the provisions of Vietnamese law
After listening and understanding the content of the client’s request, the lawyer needs to explain the provisions of Vietnamese law related to the client’s request. Many provisions of Vietnamese law are not compatible with the legal provisions of the country of the customer’s nationality, especially countries with a system of precedents.
Explaining the law is very important, helping customers clearly understand why they are prosecuted for criminal liability in Vietnam and how to resolve it in case the law is not compatible…
1.3. Content discussed with customers
Depending on each client and each specific case, the lawyer determines the content that needs to be given to the client. In addition to the contents that need to be discussed as in any case (such as: Causes of the crime; Reason for committing the crime: Developments of the crime; Consequences of the crime Crime: Have you remedied the consequences? What kind of family is your family in? What are your personal characteristics? What do you think about your behavior? What are the client’s current wishes…), What should the lawyer do? more clearly about customers’ identities, jobs and relationships in Vietnam. On the contrary, if the Lawyer’s client is a victim, a civil plaintiff, a civil defendant or a person with rights and obligations related to a case with foreign elements, then the communication will have the following content: mentioned from another angle (focusing mainly on the issue of damages, royal loss and compensation; the issue of how to request treatment of the object…).
2. For subjects who are Vietnamese citizens or Vietnamese commercial legal entities
Because the clients are Vietnamese citizens and Vietnamese commercial legal entities, the Lawyer’s contact and communication with them is basically carried out as in other criminal cases. However, depending on each specific case, lawyers can discuss with them more about contents related to foreign factors, such as provisions of the Criminal Procedure Code on resolving cases with foreign claims, about a number of litigation activities carried out on the basis of coordination between Vietnamese litigation agencies and competent agencies abroad or on the basis of international treaties; Appropriate behavior if the customer has committed acts that damage the interests of foreigners or foreign agencies or organizations…
