Vietnam debates lawyer's duty: protect client or report crime?

Vietnamese lawmakers are grappling with a fundamental conflict in legal ethics: the tension between a lawyer's duty to protect client confidentiality and their legal obligation to report criminal activity. The proposed amendments to the Law on Lawyers aim to address this "dilemma" and establish clearer boundaries.

During a session of the National Assembly's Standing Committee, Minister of Justice Hoàng Thanh Tùng presented the draft law, which includes new standards for lawyers, such as political steadfastness, strong ethics, and integrity. Annual training on political awareness and professional development would be mandatory. The draft also proposes streamlining the process for becoming a lawyer and allows law lecturers to practice.

Phan Chí Hiếu, head of the Committee for Judicial Affairs, supported adding standards like "firm political mettle" and "resolutely defending justice, integrity, and honesty." However, he urged further clarification in implementing regulations to ensure consistent application. Some also questioned whether these standards, similar to those for other judicial officials, require more thorough consideration.

Concerns were also raised about the proposed national bar exam, with suggestions to transfer its organization from the Vietnam Bar Federation to a state agency. This move needs careful consideration against the policy of "promoting the self-governance of social and professional organizations of lawyers," as outlined in Conclusion 69, while avoiding increased state administrative costs.

Vice Chairman of the National Assembly Nguyễn Hồng Diên specifically highlighted the "dilemma" arising from the direct conflict between protecting client information and the criminal responsibility for reporting crimes. He pointed to Article 6 of the draft law, which strictly prohibits lawyers from using client information to the client's detriment in other cases. However, Article 19 of the current Criminal Code mandates that defense counsel face criminal liability if they fail to report clients involved in national security offenses or other particularly serious crimes. This overlap places lawyers in a difficult position, forcing a choice between professional ethics and avoiding criminal prosecution.

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The dilemma arises from the direct conflict between the obligation to protect client information and the criminal responsibility for reporting crimes.