Legal services contract in criminal cases

When providing legal services in criminal cases, the service provider and the client must enter a legal services contract. The following is a sample legal services contract in criminal cases for references.

Legal services contract in criminal cases

LEGAL SERVICES CONTRACT

(Used for criminal cases)

No. ... / 2014 / HDDVPL

LEGAL SERVICES CONTRACT (in criminal cases) this (hereinafter referred to as "Service Contract") is made and signed on ... months ... 2014 between:

I. Client:

Mr./Mrs./ Company ........................................................................... ..

  Passport No: B ......... ..Issued by.............Dated ... (or ID)
  Address: No. ... Street.......... District ......... ......... ... City.
   Phone: ........................ E-mail:

 (Hereinafter referred to as "Client")

  And

II. Service providers

LAW OFFICE .................................................

Address: No. ... Street, ... Ward,............District, ... City, Vietnam.
Phone: (08) ..................... 38 .. Fax: (08) 38 .................. ..
Tax Code: ............................ E-mail: ........................
Representation: Lawyers .............................., Head of representative office

(Hereinafter referred to as the "Attorney")

Together enter an agreement as follows:

Stemming from event that Mr......................, former Chairman of the Board of Directors, was prosecuted and been in custody by the Detective Agency………for acts “Deliberately acting against the State’s regulations on economic management causing serious consequences" on .....2014.

For her part, she is his wife named.......................... (Hereinafter referred "Client") wishes to receive legal assistance from the Law Office ..................... (called" Attorney ") to counseling, defend and protect the rights and legitimate interests of Mr.…………, in the process of participation in criminal procedure from investigation phase until the end of the competent court sessions of first-instance trial.

Family of Client requested and Attorney agreed to provide legal services to the Client as Client”s attorney as follows:

Article 1 Scope of legal services (legal services contract in criminal cases)

(1) Research documents and records provided by the client and copied by the lawyer in the process involved in the proceedings in the case to assess the legal issues arising in the course of the investigation, prosecution, adjudication in accordance the first instance procedure; proposed legal ideas and solve the case in accordance with the legal requirements of client;

(2) Advising and drafting legal documents for clients, family members of clients or as the defense and protection of legal rights of Mr. ..................... send to the procedure conducting bodies and authority competent; monitoring and promoting progress and request to resolve issues concerning the case in the first instance procedure; legal recommendations made to protect legal rights for Mr....................... in the first instance procedure;

(3) To appoint lawyer......................... and Attorney ......................... belonging to the lawyer”s office .............................. .. direct participation of the meeting, interrogation as scheduled and approved by the Investigation Bodies...............Procuracy people .................. ..; assists Mr.................. the content to be prepared for the court session of first-instance trial;

(5) To appoint lawyer.......... and Attorney ...........................directly involved in the litigation of the court session of first-instance trial as competent defense counsel to protect legal rights of Mr.........

Article 2: Obligations of the Client (contract legal services in criminal cases)

2.1. Provide the Attorney adequate and timely documentation, information, facts relating to the case; responsible for the legality of the documents, information and data provided to the Attorney as well as the decision which is different with Attorney’s advises;

2.2. Notify the Attorney full information of working plan required by the procedure conducting bodies of first instance or authority competent to arrange lawyer to attend or advice timely; respect and strictly observe fully the provisions of the law during the period of participation in the first-instance procedures;

2.3. No change the consultant, defense counsel to protect the legal rights of Mr.......................... if there is no written agreement between Attorney and client.

2.4. Payment of consultancy fees for Attorney stipulated in Article 4 of this Agreement.

Article 3: Obligations of the Attorney (legal services contract in criminal cases)

3.1 Study of documents, information, data relating to the content, issues arising from the case provided by the Client; dedicated and do their best within the framework of legal provisions to protect the rights and legitimate interests of Mr ............... ..;

3.2 Be responsible for the counseling contents, attend the working meeting, interrogation at first instance procedure and to participate in the court session of first-instance trial to counsel and protect the legal rights of Mr...................;

3.3 Issuance of invoice for attorneys” fees paid by the Client over a period specified in Article 4.2 of this Agreement.

3.4 Keep confidential information provided by the Client, unless the Client agreed otherwise or stipulated by law.

Article 4 Attorney fees and Payment (legal services contract in criminal cases)

4.1. The Parties agree the package fee including counsel fee and participate in the proceedings as scope of work specified in Article 1 until the end of the court session of the first instance trial is .. .000.000 VND (VND ............ .), which includes attorney fees to participate in proceedings under Decree No. 123/2013 / ND-CP of the Government dated 14 Oct 2013 prescribed detailing a number of articles and measures to implement Law Attorneys (as amended) and 10% value added tax (VAT).

4.2. Attorneys” fees for counsel and participation in the proceedings mentioned above are paid by Client for Attorney under the following phrase:

- Phase 1: Pay amount of ... .000.000 dong (VND ......) after the Investigation Agency ............ officially granting the defense certificate for lawyer.

- Phase 2: Pay amount of ... .000.000 dong (VND.........) after Client/Lawyer received the written investigation conclusions of Investigation Agency .........

- Phase 3: Pay amount of ...000.000 dong (VND............) after Client/Lawyer received the indictment”s Procuratorate of the People ...

- Phase 4: Pay the remaining amount at the .000.000 ...... (VND.........) after competent People”s Court has issued decision to bring the case for to trial.

4.3. Attorneys” fees above do not include airfare expenses, accommodation at the hotel during work, attend interrogations required by the procedure conducting bodies outside the city ...................

4.4. Said the attorney fees are paid by Client by bank transfer, the details are as follows:

- Account holders: LAW OFFICE .............................. ..
- Account Number: .......................................
- Bank name: JOINT STOCK COMMERCIAL BANK ..................
  Transaction Office  ..., ................, Ward ..., ............... District., City...

Article 5 General Provisions (legal services contract in criminal cases)

5.1. This Agreement shall take effect as from the date of signing until completion of the Attorney jobs defined in Article 1 of this Agreement or of course be liquidated after the court session of the first instance trial.
5.2. In case Mr................. disagree with the decision of the first instance verdict, make decision to appeal to the competent Court of Appeal of the Supreme People”s Court, the parties may agree to sign a contract annex to legal assistance to Mr................... in stage of appellate jurisdiction.

5.3. During performance of the contract, if a dispute arises, the two sides are not negotiating, mediation, Civil Courts .................. City. The Court has jurisdiction to resolve disputes under the provisions of the Code of Civil Procedure Vietnam.

5.4. This Agreement is made in two (02) originals in Vietnamese, one copy kept by Attorney and one copy kept by Client.

    For Client                                 For Attorney
        

    Mrs...............................            Lawyer…………………Head Office

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