Company Retreat at Ho Tram
Our annual company retreat last weekend at Ho Tram. Our only agenda? Rest. The team really knows how to work hard and play hard and they truly deserve it!
Our annual company retreat last weekend at Ho Tram. Our only agenda? Rest. The team really knows how to work hard and play hard and they truly deserve it!
We’re thrilled to kick off 2025 with fantastic news! Le & Tran has solidified its position in the prestigious Chambers Asia-Pacific guide once again. A special congratulations to our lead trial lawyer, Lê Hoàng Chương (Stephen), for his continued recognition in dispute resolution—a testament to his dedication and expertise. This achievement wouldn’t be possible without the trust and support of our clients. Thank you for inspiring us to reach new heights! The Chambers Asia-Pacific guide remains...
We are honored to present our latest contribution to the Chambers Global Practice Guide: Litigation 2025 – Vietnam Edition. Led by Lê Hoàng Chương (Stephen) and the LE & TRAN team, the guide provides an in-depth examination of Vietnam’s legal framework, recent procedural developments, and practical insights into dispute resolution. In a jurisdiction where court procedures are continually evolving, this publication offers businesses and legal professionals critical guidance to approach litigation with greater clarity and preparedness.
We’re thrilled to reflect on the successful Kuala Lumpur Forum on International Arbitration 2024, where Lê Hoàng Chương (Stephen), our lead litigator, shared valuable insights on AI and the Future of Arbitration. From reshaping ethics to pioneering AI integration in dispute resolution, Stephen’s presentation sparked meaningful discussions and inspired fresh perspectives. Thank you to everyone who made this event a success. The future of arbitration in the age of AI looks brighter than ever!
We are excited to unveil our newest publication with Chambers and Partners: the 2024 White-Collar Crime Guide. Led by Lê Hoàng Chương (Stephen) and the LE & TRAN team, this guide provides a detailed look at white-collar crime in Vietnam, covering key legal aspects and recent changes in regulations. This guide is an essential resource for understanding how to handle and prevent white-collar crime issues within your organization. It offers clear, practical advice for navigating the...
International arbitration is a recognised and widely used method for resolving cross-border disputes in international commercial transactions and investments. Unlike litigation, arbitration involves a neutral third party or panel making binding decisions. This process is favoured for its flexibility, neutrality, and the enforceability of awards under international treaties such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”). However, despite Vietnam’s established legal framework for commercial arbitration, there...
You deserve a break. I hope that by sharing my thoughts on timely and timeless topics, we'll be able to connect in some way over your coffee break. And who knows? Maybe we’ll even get to meet for a proper chat one day.
Emotional intelligence plays a key role in conflict resolution. People with strong analytical skills often tend to focus on the logical and right-wrong aspects of an issue, which is not the most effective approach for conflict resolution. Emotional intelligence is necessary to maintain self-control and avoid getting stuck in a right-wrong mindset. Knowing when to stay silent is also an important aspect of emotional intelligence in order to achieve a satisfactory outcome for all parties involved.
Litigation, a term derived from the Latin word “litigare,” meaning “to dispute,” is the process of taking legal action through courts to enforce or defend a legal right. It involves a series of steps, from the initial filing of a lawsuit to the final resolution, often through a court trial or settlement. This legal mechanism is fundamental in maintaining the rule of law, resolving disputes, and ensuring justice in society.
The litigation process typically begins when one party, known as the plaintiff, files a complaint against another party, the defendant. This complaint outlines the plaintiff’s allegations and the legal basis for the lawsuit. The defendant is then served with a summons and a copy of the complaint, providing formal notice of the legal action.
1. Pleadings: The initial phase of litigation involves pleadings, where both parties submit written statements. The plaintiff files a complaint, and the defendant responds with an answer, which may include counterclaims against the plaintiff. This exchange of documents establishes the issues in dispute and the positions of each party.
2. Discovery: Discovery is a critical phase where both parties gather evidence to support their claims and defenses. This process includes depositions, interrogatories, requests for documents, and admissions. Discovery ensures that both parties have access to relevant information, promoting transparency and fairness in the litigation process.
3. Pre-Trial Motions: Before the trial, parties may file various motions to resolve specific issues or potentially dismiss the case. Common pre-trial motions include motions to dismiss, motions for summary judgment, and motions to compel discovery. These motions aim to streamline the trial by addressing legal and procedural matters in advance.
4. Trial: If the case proceeds to trial, both parties present their evidence and arguments before a judge or jury. The trial involves opening statements, witness examinations, cross-examinations, and closing arguments. The judge or jury then deliberates and renders a verdict, determining the outcome of the case.
5. Post-Trial Motions and Appeals: After the trial, the losing party may file post-trial motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict. If these motions are denied, the losing party can appeal the decision to a higher court. The appellate court reviews the trial record and determines whether legal errors were made that could have affected the outcome.
Types of Litigation
Litigation encompasses various types of legal disputes, each with unique characteristics and procedures:
1. Civil Litigation: Civil litigation involves disputes between individuals, businesses, or organizations seeking monetary damages or specific performance. Common examples include contract disputes, personal injury claims, and property disputes. The burden of proof in civil cases is typically “preponderance of the evidence,” meaning that one party’s case must be more convincing than the other’s.
2. Criminal Litigation: Criminal litigation involves the prosecution of individuals or entities accused of violating criminal laws. The government, represented by a prosecutor, brings charges against the defendant. The burden of proof in criminal cases is “beyond a reasonable doubt,” a higher standard than in civil cases, reflecting the serious consequences of criminal convictions.
3. Administrative Litigation: Administrative litigation occurs when individuals or entities challenge the decisions or actions of government agencies. These cases often involve regulatory compliance, licensing, and enforcement actions. Administrative hearings are typically less formal than court trials, with specific procedures and rules governing the process.
The Role of Attorneys in Litigation
Attorneys play a crucial role in the litigation process, representing the interests of their clients and navigating the complexities of the legal system.
They provide legal advice, draft pleadings and motions, conduct discovery, negotiate settlements, and advocate for their clients in court. Effective litigation requires a deep understanding of substantive and procedural law, strategic thinking, and strong advocacy skills.
Conclusion
Litigation is a cornerstone of the legal system, providing a structured process for resolving disputes and upholding the rule of law. While it can be lengthy, costly, and adversarial, litigation remains an essential mechanism for achieving justice and accountability.
Understanding the stages, types, and roles involved in litigation is vital for anyone navigating the legal landscape, whether as a plaintiff, defendant, or legal professional.
I am old-school when it comes
to learning. I love traditional books (paper books) because they connect me to the words on the page. I often purchase and make a habit of daily reading, and this is the only way I feel happy after a hard day of work. Books are good friends that brighten my spirit and transport me to my own world.
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