Removing difficulties for practicing law

(Baonghean) -In litigation activities, from 2007 to present, lawyers in Nghe An Bar Association have participated in over 3,000 criminal and non-criminal cases. The position and role of the province's lawyers have changed, gradually creating a foothold in society. However, there are still shortcomings and difficulties.

Lawyer Nguyen Trong Diep - Deputy Head of the Provincial Bar Association said: Up to now, the association has 23 law practice organizations, with 61 lawyers and 18 law practice trainees. Thus, after nearly 6 years of implementing and enforcing the Law on Lawyers, the number of lawyers has increased by 50%, and the number of law practice organizations has increased by 45%.

Defense attorney at the trial on November 20, 2012 by the Provincial People's Court
Nghe An trial

Through their practice, lawyers have helped the community become more aware of the role of law in life. In addition to traditional areas such as criminal, civil, labor, and family law, lawyers have expanded and developed legal advice in the economic and investment fields with good results. Lawyers also actively participate in legal aid activities for the poor and policy beneficiaries. Many lawyers also cooperate with judicial support centers to provide free legal defense for the poor or participate in legal advice and legal dissemination programs with many lively and effective forms.

However, in addition to the efforts of the team of lawyers to achieve certain results in the process of professional development, the process of lawyers participating in litigation still has many shortcomings and problems. It is common that the agencies conducting litigation as well as other agencies and organizations have not recognized and properly assessed the position and role of lawyers in the practice of law in general as well as in the process of participating in litigation in particular. This has caused certain obstacles and difficulties for lawyers in performing the role of protecting the rights and legitimate interests of clients, affecting the effectiveness of the practice of law.

Lawyer Nguyen Cao Tri - Head of Cao Tri Law Office, located at 175 Le Viet Thuat, Vinh City, said: Article 58 of the Criminal Procedure Code stipulates that lawyers are allowed to participate in a case from the time the investigation agency initiates a prosecution of the accused. At first glance, it seems that lawyers have a lot of power. However, the rate of cases in which lawyers are allowed to participate from the investigation stage is actually low, accounting for only half of the total number of criminal cases initiated. This problem is partly due to the fact that the prosecution agencies have not created favorable conditions for lawyers to perform their functions. For cases related to land, verifying and obtaining documents is difficult, because the People's Committees at all levels often find enough reasons to refuse. These difficulties have reduced the role of lawyers in the litigation process, leading to the protection of the rights and legitimate interests of the litigants not being fully met.

Lawyer Mai Sy Luong - Head of Quang Luong and Associates Law Office, Vinh City Office added: It is difficult for lawyers to apply for a defense certificate in cases where the suspect or defendant is still in prison. Because at this time, the prosecution agency requires the consent of the suspect or defendant. However, to enter the prison to ask for the opinion of the suspect or defendant, a defense certificate is required, but at this time the lawyer has not been granted one...

In addition, some lawyers also said: The Law on Procedural Law clearly stipulates that lawyers participating in defending cases are allowed to access the case files, but in many cases, conditions are not created, making it difficult for them to practice. Moreover, the role and authority of lawyers in court sessions are not really respected. Participation in debates in some court sessions is still a formality, because the content that lawyers bring up for debate is not debated by the representative of the Procuracy or is not debated completely.

These shortcomings and problems not only affect the protection of the legitimate rights and interests of clients and the practice rights of lawyers, but also affect the determination of the objective truth of the case, the ability to access justice..., so they need to be resolved soon.

Dang Nguyen