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Official Gazette

Tuesday, December 12, 2017

Draft sets more criteria on law obedience, ethics for attorneys

Updated: 15:26’ - 19/07/2017
The Ministry of Justice is preparing a draft decree which sets out additional criteria on ethical qualities and law observance that lawyers must satisfy in order to practice law.

Designed to revise Decree 123 of 2013 detailing the Law on Lawyers which provides criteria on professional qualifications of lawyers but has not set requirements on ethics and law obedience for them to practice law, the draft decree specifies cases in which a lawyer would be regarded as not meeting the criteria on law observance and ethical qualities.

Lawyers must adhere to the principles of law practice and code of ethics and professional conduct not only in real life but also on the mass media and social networks__Photo: Internet

Accordingly, a lawyer who committed an honesty-related violation or had been disciplined twice or more for one or more than one violation or was disciplined for a politics-related violation would be considered failing to satisfy the criteria on law observance and ethics.

As required by the draft, lawyers, law-practicing organizations and lawyers’ socio-professional organizations must adhere to the principles of law practice and code of ethics and professional conduct not only in real life but also on the mass media and social networks so as not to adversely affect the image and prestige of the lawyer profession.

Lawyers would not be allowed to accept and settle cases or matters for illegal purposes or in contravention of the principles of law practice. They may not gather, induce or incite other persons with the aim of disturbing public order or committing acts of violation.

If committing prohibited acts or violating the principles of law practice provided in the Law on Lawyers, lawyers would have their law practice certificates revoked.

The draft also adds a provision saying that persons who are removed from the post of judge or procurator and those who are deprived of the title of people’s public security officer or the military rank of people’s army officer would not be entitled to lawyer training exemption and law practice probation exemption or reduction.- (VLLF)
 

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