Civil

TIA Sang Law Firm provides clients with lawsuit service to settle disputes in Court according to specific PROCESS, PROCEDURES as follows:

THE PROCEDURES OF PROVIDING CIVIL LEGAL SERVICES – LITIGATION

1.Researching civil disputes and records that need to be resolved

With broad practical experience in consultant and dispute resolution accumulated during a wide range of legal service provision, The Light Law shall provide clients with economical and prompt solutions which restrict legal risks and manage confidential information.

The Light Law renders legal services including advising and representing the clients in any litigation process (court proceedings or arbitration proceedings) as process below:

During this period, the lawyers assigned to handle the client's dispute shall liaise with the client and receive documents and papers related to the client's dispute. The information provided by the customer is carefully checked and verified or the customer shall be instructed on collecting more relevant information to protect the legitimate rights and interests, as well as take next steps in the case.

After receiving the files and dossiers of the case, the lawyer shall study and evaluate the details of the dispute. Also verify the key issues for the next step in the dispute resolution process.

2.Determine applicable law, determine the conditions for initiating a lawsuit

The lawyers study the case carefully before determining the legal basis that needs to be applied. Specifically, for each civil dispute in addition to the Civil Procedure Code and the Civil Code, it is necessary to clearly define the applicable specialized law, as well as the relevant Decrees, Circulars giving the details.

For example: Land usage right Transfer Disputes, the applicable law for settlement is the Land Law, Decrees and Circulars guiding the Land Law, other regulations such as the Notary Law (regarding the notarization of land usage right transfer contracts), the Law on Real Estate Business regulates types of contracts, real estate transfer conditions and many related documents.

From determining the legal basis to be applied, studying the case, the lawyer shall assess the case and give the basis and judgment to proceed prosecution with a trial in accordance with the law, including:

- Whether the customer's dispute belongs to any type of dispute as prescribed by the law;

- Whether the subject who has the right to institute legal proceedings is an individual or an organization meets the regulations on subject of civil lawsuits?

- Determine which agency has the right to resolve disputes for the clients;

- Is there a statute of limitations for the dispute that the customer wishes to settle? If the statute of limitations expires, the lawyer shall give timely directions and solutions to customers;

- Before filing a Lawsuit Petition, the lawyer will define other lawsuit conditions, such as whether the client is required to conduct mediation at other competent state agencies? Whether the customer has filed a lawsuit petition at another competent state agency for settlement but has not been handled? Or whether the customer's dispute already had a previous decision/Judgment of a competent Court?

In cases it is necessary to meet the conditions such as mandatory conciliation at the facility or through a mediator to be eligible to initiate a lawsuit at the Court as prescribed by law. Lawyers will clearly identify the above issues to minimize the risk of the client's petition being rejected due to the failure to meet the conditions for lawsuits as prescribed by law.

3.Collect documents to have a basis for lawsuit

The lawyer will collect or guide the client to collect documents and evidence to verify the lawsuit claim, the subject has the right to initiate a lawsuit in accordance with the law.

For each different civil dispute, the documents and evidence attached to each specific case are different, the requirements and aspirations of each client are also different, therefore, the lawyer will advise, support and answer specifically the methods of collecting documents and papers to complete the lawsuit file.

4.Drafting the legal petition

After collecting all documents, evidence and enough grounds to initiate a lawsuit as prescribed, the Lawyer will proceed to prepare a lawsuit petition or guide the client to compose an application with appropriate content. After completing the petition, the Lawyer explains the content of the petition so that the client can understand and check the content as request.

Tia Sang Law provides drafting services of civil lawsuits for the client, including the following specific petitions:

- Petitions in marriage and family;

- Petitions in business and commerce activities;

- Petitions in the labor, labor disputes, health insurance, social insurance;

- Petitions in cases of disputes over land, apartment buildings, investment projects;

- Petitions lawsuits in cases related to inheritance rights;

- Petitions in other fields.

5.Fill a legal petition at a state agency

When customers trust and request the legal services of Tia Sang Law, we will assign a lawyer to represent the customer to carry out the procedures for filing legal petition at a competent state agency.

In case the customer wishes to file a lawsuit by their own, the customer can file a lawsuit in the following forms: Directly, by post, through the national portal of the Court.

6.Performing tasks after the petition is accepted

During this period, the lawyer of Tia Sang Law shall perform the rights and obligations of the authorized representative or defense counsel (according to the legal service contract) for the client in accordance with the law. At the same time, the lawyer shall advise the client appropriate method for the purpose of saving time, cost, effort, limit travel and ensuring the best interests

The processes performed by our lawyers during this period:

- Conduct additional collection of documents and evidence in the case records after sending a written request/petition to the agencies, individuals and organizations that are managing and keeping the ones;

- Copying all the evidences and documents provided by the relevant parties to find out the beneficial grounds, predicting possible disadvantages and legal risks during the settlement period;

- Representing to attend and conciliate with the client at the court;

- Litigating, providing defense arguments, protecting legitimate rights and interests of customers at the court;

- Performing other tasks as promulgated by the law to provide legal support to clients.

7.The court’s judgment

When there is a Court's Final Decision/Judgment, the Lawyer can support and advise as the request of the client, specifically:

- Guide clients in the procedures for Appeal in accordance with the provisions of the Law as well as the Court's Decision/Judgment;

- Explain and guide the client to draft the appeal in case the client disagrees with the First Instance Judgment of Court to request the settlement of the case according to the Appellate procedure.