LEGAL ETHICS
FINAL EXAM
Date: 20 Oct 2014
Time: 100 mins
I hereby understand that cheating is an academic crime resulting in academic punishment. I agree to obey and preserve the academic integrity and honesty during the whole exam period.
Full Name: TISSOT CAROLINE
ANSWER SHEET
QUESTION I
- Wrong
- Right
- wrong
- Wrong ; Both of them are important and it depends on different age. The important value depends on the level of your understanding;
- Right
- Right
- Wrong.; is called the fiduciary
- Right
- Right
- Right
- Right
- Wrong. If the client is not communicating with the lawyaer and providing them with the information/instructions they need, the lawyer can withdraw;
- Wrong. The lawyer can find a new lawyer whenever they want to, provided they pay the lawyer what the lawyer is owed.
- Right.
- Right
- Wrong
- Wrong
- Right
- Wrong
- Right
Question 2
What is the relevant duty?
The relevant duty in this case is the duty of loyalty. If the lawyer has obtained informed consent to acting for both parties with conflicting interests, it is essential to determine precisely what service are required of them by the parties. A lawyer's loyalty to his client must be undivided. He cannot properly discharge his duties to one whose interests are in opposition to those of another client.
In this case Ly informs Xin to not reveal this problem to HOA, consequently Xin is faced to a conflict of interests which must be resolved by a duty of loyalty.
But there is also a duty to communicate effectively and promptly with clients which in this case may include keeping the client reasonably informed about the status of their matter or taking appropriate steps to do something promised to a client, or informing or explaining to the client when It is not possible to do so.
Is there any relevant professional conduct rule?
There are many rules who conduct the duty of loyalty.
First ,the article 21 of law no. No: 65/2006/QH11 of the national assembly of vietnam states that lawyers have an obligation to : Take lawful measures to protect legitimate rights and interests of their clients. There are also the article 5 and the article 9 who states that lawyers are forbidden providing legal services to clients who have conflicting interests in the same criminal, civil or administrative case or civil affaire as provided for by law.
For the duty to communicate effectively and promptly with clients, there are no rule but it depends on the key principles of the lawyers and its seems obvious to do that. The layers can also draft the retainer with this duty and its avoid any disputes later on.
Is there any relevant sanction for breach of that rule? What sanction should be applied for breach of that rule?
The article 85 of laws no; No : 65/2006/QH11 of the National Assembly of Vietnam provided for a number of possible sanctions for breach of lawyer's obligations;
Among the various disciplinary forms there are reprimand, caution, suspension of the membership of a bar association for between 6 and 24 monts or deletion of their names from the list of a bar association;
If the lawyer does not reveal the revelations made to him by Ly, he breaches both his duty of loyalty and his duty to communicate effectively and promptly to his client. The sanction can be severe maybe a suspension of the membership of a bar association for between 6 and 24 months.
Can the situation be resolved?
The situation can be resolved if the lawyer or Ly tell the truth immediately to Hoa about the sale. The duty of loyalty requires the lawyer to act honestly and fairly and in the client's best interests. Therefore Xin can continue to act for both parties provided informed Hoa about this situation. Or he can also choose to pass this case to another lawyer if he seems incompetent. (lack of experience)
QUESTION 3
Engagement Letter
Caroline Tissot – 123/38 Nguyen VAN huong
Dear Linh,
I enjoyed meeting with you on the next monday to discuss your representation by our firm in the prosecutions against the national newspaper. This letter will confirm the terms of our representation. Our work will begin upon receipt of a signed copy of this letter.
BLG company will provide legal services to Linh, and the scope of service we will render, the manner of calculating, billing and collecting legal fees and other aspects of the proposed representation are mutually agreed to be as follows:
Services to be provided :
The firm has been engaged to provide the following services : attempt of privacy and defamation and offense. We are also competent in criminal matters.
The members of the firm who will be working on your matter are Caroline Tissot and Dupond Moretti two of our most the brilliant lawyers in newspapers defamation prosecution.
Please feel free to contract any of us for assistance.
Excluded services
The firms has not be engaged to provide the following services : administrative matters or environmental matters.
Feels and expenses.
The fee arrangement, as agreed, will be based on hourly rate. Our hourly rates range from 10$ to 100$ depending on the experience level of the lawyer or paralegal.
But we share a collective responsibility to ensure access to justice is maintained for all people. This should involve an obligation to provide some pro bono services ( but you have to fulfill the requirements enclosed.)
Expenses : We may incur various expenses in providing services. You are agree to pay all such expenses and to reimburse us for all out- of-pocket expenses that we pay on your behalf. But don't worry nothing extravagant.
Statements :
The firm bills on a monthly basis for fees and expenses due. Payment is due upon receipt of invoice. Failure to make timely payment may, upon notice, result in the firm's withdrawal as yout lawyers in this matter.
Client cooperation
Our expectations of you are you are all of the information concerning your identity.
Timetable
It is difficult to accurately estimate the time it will take to conclude this matter. Generally this matters take 3 weeks.
This is only an estimate, and the actual time required to conclude this matter may be longer than expected. But we try to to the best for timely services.
Documentation
I will send you a copy of pleadings documentations and correspondence and other information throughout the matters. We have the duty to communicate effectively and promptly with clients.
This duty may include : keeping the client reasonably informed about the status of their matter or taking appropriate states to do something promised to a client, or informing or explaining to the client when it is not possible to do so;
Your right to terminate representation
You may terminate this representation at any time provided that notifying us in writing.
You can hire a new lawyer whenever you want to, provided you pay the lawyer what the lawyer is owed upon terminating the relationship.
Our right to terminate representation
We may terminate our representation ( to the extend permitted by the ethical and cout rules) at any time if you breach any material term of this agreement or fails to cooperate or if you do not accept reasonable instructions relating to the direction of a case. We are a firm of excellence, if you do not accept to follow our instructions you can find a new firm. We have very good results so don't doubt about us.
And don't worry we should not undertake a matter without honestly feeling competent to handle it; we know that incompetent practitioner will negatively impact colleagues and also the public's perception of that practitioner and confidence in the profession ;
Moreover we are the defendant of justice and cannot be a party to criminal activity so don't mislead the court or don't ask the lawyer to falsify evidence. IF you do it we can withdraw after taking reasonable steps to avoid foreseeable hardship or prejudice to the client's rights, including first giving the client notice of the lawyer's intention to withdraw.
If any of the terms stated in this letter is not consistent with your understanding of your agreement, please contact me before signing the agreement.
On behalf of the firm, we appreciate the opportunity to represent you in his matter. If you have question, please feel free to call me at 09.87.67.87.67
Yours sincerely,
Caroline Tissot , BLG