Entering a courtroom, a litigation lawyer — acting as a defender or a legal representative — speaks on behalf of their client to fight for justice and protect those who may be in a vulnerable position. Because of this crucial role, no trial can proceed without the presence of a litigation lawyer.
A litigation lawyer is issued a certificate of legal representation or defense by the competent procedural authority, allowing them to participate in criminal cases as a defense attorney, or in civil and administrative cases as a representative protecting the lawful rights and interests of the parties. This is regulated under Clause 2, Article 27 of the Law on Lawyers 2006, amended in 2012.
Litigation lawyers participate in the dispute resolution process starting from the moment parties (in civil/administrative cases) or defendants (in criminal cases) initiate legal proceedings, throughout the entire process, and until a legally effective judgment or decision is issued by the court or arbitration body.
The lawyer acts as the legal representative protecting the rights and interests of the party, as regulated in Article 75 of the Civil Procedure Code 2015.
The lawyer acts as the defense attorney for the accused, as regulated in Article 72 of the Criminal Procedure Code 2015.
Additionally, the lawyer may represent the victim, civil plaintiff/defendant, or individuals with related rights and obligations (Article 84, Criminal Procedure Code 2015).
Litigation is the heart of any trial — the stage where lawyers present strong arguments, defend legitimate rights and interests objectively, and ensure compliance with the law. Clients seek litigation lawyers because:
Vietnam’s judicial procedures are complex and require solid legal knowledge, sharp reasoning, objectivity, fairness, and confidence.
A litigation lawyer ensures that every action strictly complies with the law, maintaining professional conduct throughout the proceedings.
Litigation lawyers hold a respected position in the procedural system and are equal to prosecutors in investigating, collecting, and presenting evidence.
Beyond legal defense, a lawyer helps clients stabilize their mindset, providing reassurance and confidence in law and in life.
Throughout a case — from initiation to the conclusion by a judgment or decision — a litigation lawyer performs multiple essential tasks:
Reviewing the case file, gathering facts, and developing the most effective defense or representation strategy.
Communicating directly with investigative, prosecutorial, and judicial bodies.
Proposing procedural measures:
Criminal cases: changing preventive measures such as temporary detention or custody
Civil/administrative cases: requesting emergency measures, on-site inspections, etc.
Ensuring lawful protection of the client’s rights and interests throughout the process.
Participating at all levels of adjudication (first instance, appeal, cassation).
Questioning involved parties, presenting arguments, debating, and defending the accused in criminal cases.
Acting fully within the framework of the Civil Procedure Code 2015 and the Criminal Procedure Code 2015.
Filing appeals when judgments violate clients’ rights or contain legal errors.
Filing complaints or denunciations related to procedural violations, in accordance with the Law on Complaints 2011 and the Law on Denunciations 2018.
Offering strategic advice and the best legal solutions to ensure maximum protection of the client’s interests.
