With the development of current social relations, as well as the stronger economic opening between countries, the use of legal services and lawyer services is not too strange. Moreover, corresponding to each area of life, in different countries, it is bound by many different legal regulations. Therefore, the use of legal services, lawyer services not only helps individuals and organizations handle legal issues more effectively, but also saves a lot of time, even costs and reduce legal risk factors.
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Legal Service
Service
What is legal service?
In international cooperation, according to the WTO, legal services are generally regulated “including the areas of consultation and representation with respect to the law of the receiving country, the law of the host country, the law of the third country, the law of international law; document authentication service; consulting and other information services”. Specifically according to the WTO, legal services include consulting services, litigation services as well as all activities related to the administration of justice (such as the activities of judges, prosecutors, etc.) , etc…). However, the category of activities related to the administration of justice is excluded from the scope of the General Agreement on Trade in Services of the WTO (GATS for short), because in most countries these activities are considered “a type of service provided in the exercise of government authority” under Article I (3)(c) of the GATS (services provided neither on a commercial basis nor in competition with a or multiple providers).
In the WTO “Services Industry Classification List” (document MTN.GNS /W/120), “(a) legal services” is listed as a sub-sector of “(1) business services” and “(A) professional services”. Accordingly, “legal services” is divided into “legal consulting and representation services related to criminal law”, “legal consulting services and representation in judicial proceedings related to criminal law”. other areas of law”, “legal consulting services and representation in statutory proceedings by courts, quasi-judicial councils, etc. ”, “legal document certification services” and “other legal and advisory information” . The UN CPC amendment was adopted by the United Nations statistical committee in February 1997 leaving the classification of legal services essentially unchanged. However, it is included as a subgroup of the legal service “Arbitration and conciliation services”, formerly part of management consulting services.
In Vietnam, according to the provisions of Article 4 of the Law on Lawyers 2006, “Legal services of a lawyer include participating in legal proceedings, providing legal advice, representing outside proceedings for clients and providing legal services to clients. other”. Other legal services are also explained in detail in the Law on Lawyers as “Other legal services of lawyers include helping clients perform work related to administrative procedures; legal assistance to clients in case of complaint settlement; translating, certifying documents, transactions and helping customers perform other jobs as prescribed by law”
Legal services include Lawyer services and can also be understood to include jobs such as participating in legal proceedings as participants in the defense of clients i.e. the accused, defendants or defense counsels. legitimate rights and interests of persons with rights and obligations related to criminal cases. Participating in legal proceedings as representatives or protecting the legitimate rights and interests of involved parties in civil, labor, commercial and administrative cases; Participation in arbitration proceedings to resolve disputes; Legal advice on fields such as civil, criminal, labor …, drafting contracts, applications at the request of individuals and organizations; An authorized representative of an individual or organization to perform law-related work; To perform other legal services as prescribed by law. And an important factor, legal service is a “privilege” that only lawyers, law-practicing organizations can provide to their clients. work.
Who is entitled to provide legal services?
In Vietnam today, according to regulations on the form and authority to manage, provide/perform one or more activities as legal services, such as: Law on Lawyers 2006 (amended and supplemented in 2012) ; Law on Commercial Arbitration 2010; Legal Aid Law 2017… and guiding documents. The content of these documents clearly stipulates the scope of regulation and the subjects of application; specific regulations on practice standards, practice certificates, practice forms, rights and obligations of titles; order and procedures for practice and on remuneration, expenses, and contents of state management according to the respective scope.
According to current regulations, only lawyers can provide legal services. And as mentioned in part 1, legal services are “privileges” that only lawyers provide as individuals, and practice organizations.
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