In Vietnam, can a lawyer refuse to continue a case with a client?
In Vietnam, is it permissible for a lawyer to refuse to continue a case with a client? In Vietnam, what shall a lawyer do after refusing to continue a case?
Hello Lawnet. I am in 11th grade. I have a dream to be a lawyer in the future. However, there are a few cases, in which lawyers still continue to provide legal services to clients despite knowing that they are breaking the law. Is it because lawyers don't have the right to refuse the clients or they don't care about ethical issues? Looking forward to your consultancy.
<subquestion>In Vietnam, is it permissible for a lawyer to refuse to continue a case with a client?</subquestion>
Pursuant to Rule 13 of the Code of Ethics And Conduct of Vietnamese Lawyers issued together with the Decision 201/QD-HDLSTQ in 2019 stipulating decline proceeding the case as follows:
13.1. A lawyer may decline proceeding a case in the following circumstances:
13.1.1. The client makes a new request that does not fall within the lawyer’s legal profession or in unethical or unlawful;
13.1.2. The client does not accept the legal advice in accordance with the law and the ethics given by the lawyer, given the convincing analysis of the lawyer;
13.1.3. The client commits a breach of legal service contract that the parties cannot reach an agreement or the relationship between the lawyer and the client is damaged not due to the fault of the lawyer;
13.1.4. There is a threat or physical or emotional pressure from a client or another to force a lawyer to act against the law and professional ethics;
13.1.5. There are grounds to determine that the client has deceived the lawyer.
13.2. A lawyer must decline proceeding a case in the following circumstances:
13.2.1. There are grounds to identify that a client uses the legal services rendered by the lawyer to commit prohibited acts of the law or unethical acts;
13.2.2. A case under Rule 11 is found;
13.2.3. Rejection cases subject to law regulations or force majeure events.
As regulations above, lawyers have the right to decline to proceed a case with a client as prescribed above. If lawyers still continue to provide legal services to clients despite knowing that they are breaking the law, they have violated against the Law.

<subquestion>In Vietnam, what shall a lawyer do after refusing to continue a case?</subquestion>
Pursuant to Rule 14 of the Code of Ethics And Conduct of Vietnamese Lawyers issued together with the Decision 201/QD-HDLSTQ in 2019 stipulating further actions upon unilateral termination of legal service performance by the lawyer as follows:
Upon unilateral termination of legal service performance under Rule 13, the lawyer should respect the client, communicate in writing to the client within a reasonable time so that the client can find another lawyer; and quickly solving problems related to the termination of legal service contract signed.
As regulations above, lawyers have to communicate in writing to the client about their unilateral termination of legal services
