In a broad sense, when we talk about people who work in the legal profession, we talk about judges, lawyers, prosecutors, notaries… In a narrower sense, when we talk about the legal profession, we talk about the lawyer profession.
The lawyer profession is considered the most typical and most fully represents the characteristics of the legal profession. The legal profession is not like other normal professions because in addition to the requirements for knowledge and professional qualifications, lawyers must also comply with professional ethics regulations. Lawyers are respected people in society because they play an important role in contributing to protecting the basic rights of citizens and developing society.
A lawyer is a person who meets the standards and conditions to practice according to the laws of each country, and performs legal services at the request of individuals, agencies, and organizations. Lawyers’ income comes from fees paid by clients. The forms of practicing law in each country are different. Next, let’s learn about the types of lawyers in Vietnam and some developed countries in the world:
1. Lawyer profession in England and America
England follows the Common Law system and here there are only two forms of practicing Law: Consulting Lawyers and Defense Lawyers. Consulting lawyers have direct relationships with clients, performing tasks according to the client’s request. Defense attorneys are not allowed to contact clients directly but only defend in court. Defense Attorneys have the exclusive right to protect the rights and interests of litigants.
British lawyers have a common body to operate in, the London Bar Association. The number of consulting lawyers is much larger than that of defense lawyers and practices throughout the UK. Consulting lawyers also play a certain role in lawsuits, but their main activity is in the field of legal consulting. In addition, they also have a monopoly in some fields.
In the US, there is no distinction between the two legal professions as in the UK. Here, there exists a model of “a single legal profession” whereby lawyers have a very wide and effective scope of activities. That’s why the role of lawyers in the US is huge. Lawyers in the US practice relatively freely, are allowed to advertise, make offers, and can intervene in all areas of law. This is also the monopoly of lawyers.
Lawyers have no other competition than their colleagues. Accounting professionals are hardly involved in legal activities. But also in this country, there are signs of an imbalanced justice system: the justice of those with money and the justice of the poor.
2. Lawyer profession in France and Germany
The legal systems of France and Germany are two examples of the multi-judicial profession model of countries following the continental European law system (Civil Law). The activities of lawyers in France and Germany are very similar and the conditions for becoming a lawyer are basically the same. However, the lawyer training program in Germany is longer because in addition to the knowledge and skills of lawyers, lawyers also have to study the litigation skills of judges. The purpose of researching judges’ profession is to create a team of lawyers capable of serving as judges. This is also a condition for admission to the bar association.
Before being admitted, you must also undergo a period of 3 years as a trainee lawyer at the European Bar organization in that country. In Germany, to enroll in a Bar Association, lawyers must have a license from the local judicial agency where they want to register. Young lawyers new to the profession in Germany can freely choose the Bar Association they like to enroll in, it is not required that that Bar Association is where they receive their degrees. Although the practice regulations are not the same, in general, lawyers in France and Germany can practice independently or in many different forms of groups and associations. In addition, lawyers can sign labor contracts with law offices, law firms, and law partnerships as hired lawyers.
3. Lawyer profession in Vietnam
For Vietnam, due to economic and social conditions, due to the late formation of the legal profession and regulations on legal practice, the legal system on the legal profession and law practice has not been completed. need to be supplemented and completed in a synchronous manner. Lawyers in our country are currently lacking and only meet a small part of society’s needs. The number of lawyers is mainly concentrated in large cities, with Hanoi and Ho Chi Minh City alone accounting for more than 50% of the total number of lawyers nationwide.
Regarding the scope of practice, according to the provisions of the Ordinance on Lawyers, lawyers are allowed to participate in proceedings, provide legal advice and other legal services. Participating in litigation is the main field of practice for lawyers today. The Law on Lawyers has expanded the scope of law practice by stipulating that lawyers may represent clients outside of litigation. Besides, legal consulting is also an important field of practice for lawyers, especially in the context of rapidly increasing demand for legal consulting in society.
Lawyers have expanded and developed consulting in the fields of business, investment and trade. In the field of civil law, consulting on land, marriage and family is the most popular and vibrant consulting field. With the conditions of international economic integration and globalization, lawyers operating in the field of legal consulting are promoting an important role in helping businesses negotiate, sign contracts, and resolve disputes. Disputes arise especially in new fields such as foreign investment, intellectual property, trade relations in goods with foreign elements…
If previously, Lawyers were only allowed to practice in law-practicing organizations (establishing or participating in the establishment of Law Offices, Law Partnerships or working under contracts for law-practicing organizations, including foreign law-practicing organizations in Vietnam), they are currently allowed to practice as individuals in the form of personally receiving and performing legal services for clients under legal service contracts. or work for an agency or organization under a labor contract.
Lawyers of all countries, whether following the Civil Law or Common Law legal systems, practice by specializing in a specific field. We are no strangers to hearing the names “criminal lawyer”, “inheritance lawyer”, “marriage & family lawyer”, “banking lawyer”, “probate lawyer”. securities”, “insurance lawyer”, “real estate lawyer”, even “damage compensation lawyer”, “traffic accident lawyer”…
Job opportunities in the law industry are increasingly open because there are many professions, many agencies, organizations, and businesses that need people with legal knowledge. In addition, Vietnam has become a member of the WTO and participates in many international associations, so it needs more human resources to exchange and expand economic relations with the world.
