What type of business is a law office founded by a lawyer?

At Article 33 Law on Lawyers 2006 Regulations on law offices are as follows:

Law offices
1. A law office established by a lawyer is organized and operates as a private enterprise.
The lawyer who establishes the law office is the Head of the office and must be responsible with all his or her assets for all obligations of the office. The head of the office is the legal representative of the office.
2. The name of the law office is chosen by the lawyer and according to the provisions of the Law on Enterprises, but must include the phrase “law office”, must not be identical or confusing with the name of another registered law practice organization, and must not use words or symbols that violate historical traditions, culture, ethics and fine customs of the nation.
3. The law office has a seal and account according to the provisions of law.

Thus, the law office established by a lawyer is organized and operates in the form of a private enterprise.

Accordingly, the Lawyer who establishes the law office is the Head of the office and must be responsible with all his assets for all obligations of the office. The head of the office is the legal representative of the office.

Is taking advantage of the profession to have illicit sexual relationships with clients a violation of the ethical rules of the lawyer profession?

Pursuant to Section 9.9 Rule 9 of the Code of Ethics and Professional Conduct for Lawyers issued with Decision 201/QD-HDLSTQ 2019 Determine the things lawyers cannot do in relationships with clients as follows:

Things lawyers cannot do in relationships with clients

9.1. Receiving, seizing, and using client money and assets contrary to the agreement between lawyer and client.
9.2. Suggest and set conditions for the client to donate property or other benefits to the lawyer or the lawyer’s father, mother, wife, husband, children, brothers, sisters.
9.3. Receiving money or any other benefit from a third person to perform or not perform work that damages the customer’s interests.
9.4. Creating or taking advantage of bad situations, false, incomplete or unfavorable information for customers to exert pressure to increase the agreed remuneration level or obtain other benefits from customers.
9.5. Using information learned from the case that the lawyer undertakes to seek improper benefits.
9.6. Providing direct information to the client or using words or actions to let the client know about the lawyer’s personal relationship with the agency conducting the proceedings, the person conducting the proceedings or other competent individuals, agencies, or organizations for the purpose of building trust with the client about work efficiency or for other illegal purposes.
9.7. Intentionally providing information that confuses customers about their abilities and professional qualifications to create confidence for customers to sign contracts.
9.8. Promising and committing to ensure the outcome of the case on contents beyond the lawyer’s ability and performance conditions.
9.9. Taking advantage of your career to have illicit sexual relationships with customers.
9.10. Abusing positions other than the reputation of a lawyer in professional practice to seek illegal benefits.
Thus, abusing one’s profession to have illicit sexual relationships with clients is a violation of the Code of Ethics and Professional Conduct for Vietnamese Lawyers (lawyers’ professional ethics) and can be strictly handled.

Those who will be exempted from the probationary period to practice law lawyer?

According to Article 16 of the Law on Lawyers 2006 Amended by Clause 7, Article 1 of the 2012 Amended Law on Lawyers, regulations on people exempted from, or reduced in, the probationary period to practice law as follows:

Persons exempted from, or reduced in the probationary period to practice law
1. People who are judges, prosecutors, senior investigators, intermediate investigators, professors, associate professors of law, doctors of law, senior examiners in the Court sector, senior examiners in the Procuracy sector, senior experts, senior researchers, senior lecturers in the field of law are exempt from probation to practice law.
2. People who are already primary investigators, main examiners in the Court sector, main inspectors in the Procuracy sector, main experts, main researchers, and main lecturers in the legal field are entitled to a two-thirds reduction in the probationary period to practice law.
3. People who have worked as specialists, researchers, lecturers in the legal field, court examiners, and Procuracy inspectors for ten years or more will have their legal practice probation period reduced by half.

Accordingly, those who are exempted from the law practice probation period will be:

[1] Exempt people: Judges, prosecutors, high-level investigators level, intermediate investigator, professor, associate professor of law, doctor of law, senior court examiner, examiner Senior prosecutor, senior specialist, senior researcher, senior lecturer in the field of law

[2] Reduced person:

– Reduced by 2/3 of the probationary period: Primary investigator, main examiner of the Court, inspection Main Procuracy officer, main specialist, main researcher, main lecturer in the field of law

– Reducing the probationary period by half: People who have worked as specialists, researchers, lecturers in the field of law, court examiners, and Procuracy inspectors for ten years or more