Legal services involve lawyers or law firms providing services and receiving corresponding 'fees, expenses' commensurate with the effort expended. Drafting a legal service contract is mandatory according to legal regulations. Mytour introduces some sample legal service contract templates through the following article.
What is a legal service contract? Update real estate legal service contract templates with lawyers according to legal regulations
1. What is a Legal Service Contract?
2. Sample Legal Service Contract According to Lawyer Law.
3. Regulations on Legal Service Contracts.
3.1. Form and Main Content of Legal Service Contracts.
3.2. When is a Legal Service Contract Not Required?
3.3. Handling Violations of Legal Service Contracts.
1. What is a Legal Service Contract?
- A legal service contract is a contract entered into between a lawyer (or a law practice organization) and a client regarding the provision of legal services such as litigation, legal advice, representation in litigation, or other legal services.
- Signing a legal service contract is mandatory when a lawyer takes on a client's case, except where otherwise provided by law. This is reflected in Rule 10.5 of the Code of Ethics and Professional Conduct for Lawyers in Vietnam.
2. Sample Legal Service Contracts According to Lawyer Law
- Template 01: Latest Legal Service Contract Template 2023.
- Template 02: Regular Legal Service Contract Template.
* Download the full set of templates HERE
* Guide to Legal Service Contract Templates.
- The template provided is quite detailed and specific, readers can add additional content such as:
+ Contract number;
+ Legal basis for drafting the contract;
+ Time, place of contract establishment;
+ Information of the legal service provider and the legal service user;
+ Legal services provided.
+ Fees, expenses for providing services.
+ Contract performance period.
- Both parties must sign the contract, if there is no other agreement, the contract is effective from the time of signing.
3. Regulations on Legal Service Contracts
3.1. Form and Main Content of Legal Service Contracts
- According to Article 26 of the 2006 Lawyer's Law, a legal service contract must be made in writing and contain the following main contents:
+ Name, address of the client (or representative), of the representative of the law practice organization or individual practicing lawyer.
+ Content of legal services provided: Participation in litigation, legal advice, representation in litigation or other services.
+ Contract performance period.
+ Rights, obligations of the parties.
+ Method of calculation, amount of fees, other expenses if any.
+ Responsibilities for breaching the contract.
+ Dispute resolution methods.
- Previously, according to guidance in Circular 17/2011/TT-BTP, only cases or matters with fees of 200,000 VND or more were required to sign a written legal service contract, however, this provision has expired. Currently, when conducting any service provision activities, lawyers must sign a contract.
Regulations on the form, content of legal service contracts according to the 2006 Lawyer's Law
3.2. When is a Legal Service Contract Not Required?
- The Lawyer's Law requires lawyers to sign legal service contracts when providing services, except in 2 cases:
+ Lawyers participate in litigation at the request of the prosecuting authority.
+ Lawyers practicing as individuals working under labor contracts for agencies, organizations.
3.3. Handling Violations of Legal Service Contracts
- Law practice organizations that sign written service contracts lacking any of the prescribed contents in section 4.1 are fined from 15 million to 20 million VND under Clause 3, Article 7 of Decree 82/2020/NĐ-CP; in case of providing legal services without signing a written contract, a fine of 30 to 40 million VND shall be imposed.
A written legal service contract is mandatory for the practice of lawyers, therefore, a legal service contract template holds significant importance, aiding law practice organizations and lawyers in quickly, accurately, and effectively establishing contracts.
Regarding service contracts, readers can also refer to Training Service Contract Templates compiled and edited by Mytour's legal experts, providing additional insights.
