What does a litigation lawyer do?
A litigator or litigation attorney is a professional, licensed by the government, who provides representation to clients when the parties have either abandoned or found it impossible to compromise on a dispute.
Under traditional thinking, a litigation lawyer is the person participating in a representative capacity on behalf of a client in a legal proceeding which begins when the parties file a lawsuit or petition to adjudicate a case and ends when a final judgement/decision is made by the Court/Arbitrator. While this is generally an accurate description, the scope of work of a litigation attorney actually encompasses a wider range of valuable services for both businesses and individuals before, during and after the trial process. For instance, an experienced in-house counsel with business litigation experience has the ability to assist the company in avoiding a costly lawsuit by advising on a change of company policy or operations. In addition, as most lawsuits do not reach the trial stage, a litigation lawyer plays a valuable role in settling disputes out of Court, i.e., negotiating with the opposing party to reach an equitable resolution.
The specific tasks which a litigation attorney performs in business and civil disputes include:
- Protecting and advising businesses and individuals on the best methods or actions to avoid potential litigation or governmental/regulatory actions;
- Negotiation of disputes with relevant parties prior to the institution of formal legal proceedings;
- Obtaining and reviewing documents, testimony and factual information, and preserving this evidence related to the dispute;
- Explaining the litigation process and formulating causes of action and a litigation strategy focused on the specific facts of each case;
- Anticipating and preparing defenses to allegations and cross-claims in the lawsuit;
- Providing legal advice and solutions to clients during the litigation process (ex. continuation of business relationships; implementation of subsequent remedial measures, etc.);
- Applying directly to the courts, arbitration bodies, and/or governmental agencies to take actions (motions) that protect the client’s lawful rights (ex. securing intellectual property or assets during the proceedings, petitions for the application of temporary emergency measures, on-site inspections, etc.);
- Providing effective representation for the client at the different court levels (first-instance court and appellate court) as well as arbitration and agency hearings;
- Appealing a judgement/decision made by a Court if such judgement/decision is biased or flawed and violates the rights and interests of the client. In Vietnam, this may involve complaining or denouncing the illegal actions by the judicial system or governmental authority; and
- Enforcing the judgement or decision of the court or arbitrator following the litigation proceedings and limiting the impact of any adverse judgement on the operations and long-term business and personal goals of the client.
Situations in which you should hire a litigation attorney
Regardless of which society you live in, all social relations are prone to disagreement and misunderstanding. Whether it is business or day-today civil relations, it frequently occurs that the lawful rights and interests of one of the parties has been violated. To resolve such issues and disputes, and to protect your legitimate rights and interests, you may need to hire a professional litigation attorney to directly participate in dispute settlement and to represent you before the adjudication agencies.
Should you or your business desire to file a lawsuit or settle a business dispute, you should consult with a litigation attorney. It is possible that you will not ultimately retain the litigation lawyer for your case, but they will be able to provide you with advice and cover the legal details as well as future direction related to the facts of the dispute. Further, a litigation lawyer may provide you with an out-of-court solution that you may have overlooked.
Retaining an experienced litigation attorney is necessary when disputes are unnegotiable out of Court and the amount in controversy reaches a significant level. Some of the many types of lawsuits where a litigation law firm may be able assist you or your business include:
- Commercial Contract Disputes;
- Commercial Arbitration;
- Construction Disputes;
- Torts and Personal Injury;
- Product Liability;
- Professional Malpractice;
- Premises Liability;
- Banking Law;
- Cross-border Disputes and International Law;
- Environmental Litigation;
- Bankruptcy and Restructuring;
- Mergers & Acquisitions Litigation;
- Appeals of Final Judgements;
- Antitrust Litigation;
- Employment Litigation and Discrimination;
- Family law;
- Probate Litigation;
- Government and Regulatory Litigation;
- Insurance and Reinsurance Recovery and Defense;
- Intellectual Property and Privacy;
- Media and Entertainment Litigation;
- Real Estate Litigation; and
- Corporate Shareholder Disputes;
What should you expect from your litigation attorney?
A litigation attorney performs a number of actions during the entire litigation process pursuant to the resolution of your case. In general, you can expect the following from your Litigation Lawyer:
- Obtaining, analyzing and preserving evidence;
- Preparing all documentation connected to the dispute and filing with the court;
- Preparing litigation strategies suitable to your goals;
- Meeting deadlines and keeping you informed and updated concerning the progress of your case;
- Negotiating, communicating settlement offers, and providing advice;
- Working to mitigate the impact of the lawsuit on your business operations and goals;
- Providing straightforward communication to you regarding billing and fees expended, as well as anticipated future costs;
- Representing you at trial and arbitration proceedings as well as at court hearings and discovery events (ex. depositions, inspections, etc.); and
- Preparing the case for appeal, if necessary.
Litigation professional responsibilities
Lawyers in general and litigation attorneys in particular are shouldered with a great deal of responsibility. Not only do they need to make sure that the litigation or defense is pursued in a timely and competent fashion, they must also ensure that their actions are performed correctly and ethically. Any misstep that results in damage to the client may result penalties to the lawyer. There are a number of professional ethical rules that all litigation lawyers must adhere to:
First, litigation attorneys must respect a client’s choice of lawyers, only accept cases suitable to their capabilities, and settle these cases within the scope of authority granted by the client.
Second, when accepting a case, litigation lawyers must notify their clients of their rights, obligations and their professional responsibilities when providing legal services to the clients.
Third, litigation attorneys must not transfer accepted cases to other lawyers without the client’s consent or in force majeure circumstances.
Fourth, litigation attorneys are forbidden to disclose any information regarding their cases or clients that have retained their services over the course of their professional practice, unless the client consents in writing or is otherwise stipulated by the law.
Fifth, litigation attorneys shall not make personal use of information learned from their cases or the clients during their professional practice that will result in infringement upon the interests of the State, the public, or the lawful rights and interests of agencies, organizations or individuals.
Sixth, litigation lawyers are correspondingly held responsible for any violation of their ethical duties. These consequences may include disciplinary or administrative sanctions as well as civil and criminal liability.
In general, most litigation attorneys take pride in their profession and their full compliance with the ethical rule book. Further, members of reputable civil litigation law firms ensure that their attorneys are both competent and pursue their professional careers in an honorable manner. However, it is advisable that clients look into the background of a litigation lawyer for their experience, past record and results before signing a retainer agreement.
LetranLaw – Affordable litigation attorney near you
Le & Tran Civil and Business Litigation Law Firm is proud to be one of the premier civil and business litigation law firms in Vietnam. We also have an impressive presence and growing reputation in the South East Asian region and on the International stage. Le & Tran litigation attorneys are frequently cited for excellence and litigation skill by independent legal publications such as Chambers & Partners, Legal500, Benchmark Litigation, AsiaLaw Profiles.
Le & Tran, being based in Ho Chi Minh City, is at the heart of the largest city in Vietnam and within easy reach of any court in the country. With a team of experienced and knowledgeable litigation attorneys, we have over a decade of practice successfully representing clients at all levels of the litigation process. Multinational corporations, large enterprises, start-ups and individuals all turn to Le & Tran litigation attorneys for critical advice and cutting edge representation to resolve a wide array of disputes. Further, with a multi-disciplinary practice, our litigation lawyers have an advantage over other law firms as we are able to provide holistic solutions that take into account business structure and transactions, real estate and asset protection, employment issues, government and regulatory actions, and tax issues just to name a few.
Le & Tran litigation lawyers understand that a dispute or a lawsuit can become an expensive and time-consuming experience for all parties involved. There are numerous required costs at the outset of the process as well as hidden or unexpected expenses that arise depending on the size and complexity of the case. As one of Vietnam’s most experienced and competent civil and business litigation law firms, clients are often surprised at the both the level of service and the up-front costs and expenses that may be expected. We work collaboratively with our clients to establish a realistic package that is reasonable and attainable, whether it is a corporation, board of directors, bank, or individual. As such, it is no surprise that Le & Tran has established itself as the unsurpassed and premier affordable litigation attorney in Vietnam and internationally.
To learn more about our Civil and Business Litigation Practice, please feel free to reach out to our highly experienced lawyers at Le & Tran at email@example.com to arrange a free consultation.
Or you can come to our office for a consultation with our litigation attorneys at:
Le & Tran Trial Lawyers
No.9, Area 284, Nguyen Trong Tuyen Street, Ward 10, Phu Nhuan District, Ho Chi Minh City
(+84 28) 38 42 12 42