The defender of rights in civil disputes plays an essential role in helping disputing parties protect their legitimate rights during the trial process. Selecting a trustworthy and skilled defender of rights ensures smoother proceedings, and better protection of the parties’ rights and interests in civil litigation.

In civil disputes, protecting the rights of the parties involved is a crucial factor to ensure fairness, transparency, and compliance with the law. During civil proceedings, disputing parties may either protect their own rights or seek the assistance of others to support them. So, who is the defender of rights in civil disputes, and what role do they play in the trial process? Let’s delve into this topic in detail.

1. Who is the Defender of Rights in Civil Disputes?

According to the 2015 Civil Procedure Code of Vietnam, the defender of rights in civil disputes can be a lawyer, a legal aid officer, or other individuals legally qualified to participate in the proceedings and assist the disputing party in defending their legitimate rights.

a. Lawyer

A lawyer is a legal professional with expertise in law who has been licensed to practice. They are hired by disputing parties to provide legal advice, support in presenting cases, preparing documents, and delivering legal arguments to defend the client’s rights in civil disputes.

Lawyers play an essential role in guiding their clients through legal procedures, representing them in court, and arguing against the opposing party to ensure their clients' legitimate rights are safeguarded.

b. Legal Aid Officer

A legal aid officer is an individual authorized by the state to provide free legal assistance to those who are part of social policies, individuals facing financial difficulties, or those who require legal help but cannot afford it. Their role is similar to that of a lawyer but primarily focuses on supporting vulnerable groups in society.

c. Representative by Authorization

Apart from lawyers and legal aid officers, the defender of rights in civil disputes can also be a representative authorized by one of the disputing parties. This representative must have full civil capacity and be lawfully authorized by the parties involved to act on their behalf during the proceedings.

The representative by authorization can be a relative, friend, or someone with a special relationship to the disputing parties and is trusted to protect their rights.

2. The Role of the Defender of Rights in Civil Disputes

The defender of rights plays a critical role in assisting their clients in presenting arguments, providing evidence, and interpreting legal matters to persuade the court to protect their legitimate rights. They are involved in every stage of the civil lawsuit, from preparing documents, participating in arguments, to defending their client in court.

a. Preparing Documents and Evidence

One of the defender of rights’ key tasks is to help their client prepare the necessary documents, legal papers, and evidence related to the case. They gather and organize legal materials so that they are complete, accurate, and comply with legal regulations. This ensures that their client’s claims and rights are thoroughly protected.

b. Participating in Court Arguments

During the court session, the defender of rights presents legal arguments, debates with the opposing party to protect their client’s rights. They rely on legal provisions, evidence, and related information to argue against the opposition and convince the judge to rule in favor of their client.

c. Providing Legal Advice

In addition to directly participating in the trial process, the defender of rights also acts as a legal advisor, offering appropriate legal solutions to their client. They help clients better understand the legal regulations, potential risks, and the best ways to address disputes in the legal process.

3. Rights and Obligations of the Defender of Rights in Civil Disputes

The defender of rights in civil disputes is granted certain rights and obligations as specified in the Civil Procedure Code. This ensures they can effectively fulfill their role in protecting their client’s interests.

a. Rights of the Defender of Rights

The defender of rights in civil disputes has the right to attend all court sessions related to the case, including collecting evidence, cross-examining witnesses, and participating in court hearings. They also have the right to request the court to provide relevant documents and case files for their review and preparation of legal arguments.

Additionally, they have the right to present their arguments and defend their viewpoint before the court, as well as to request the court to summon related parties or witnesses to clarify necessary issues in the case.

b. Obligations of the Defender of Rights

The defender of rights must comply with the law, protect the legitimate rights of their client, and must not resort to fraudulent or deceitful tactics during the proceedings. They are responsible for providing full and honest legal advice to their client regarding their legal rights and obligations, as well as making the client aware of any risks they may face during the dispute.

Furthermore, the defender of rights must maintain the confidentiality of information related to the case and is prohibited from disclosing such information to any third party without the client’s consent.

4. Benefits of Having a Defender of Rights in Civil Disputes

In civil disputes, having a defender of rights helps disputing parties minimize legal risks, ensures the legal process is carried out in accordance with the law, and protects the legitimate rights and interests of the parties involved. The defender of rights provides legal clarity, reduces the pressure of facing the court and opposing parties, and helps guide their client through complex legal proceedings.

They also play a crucial role in negotiations and mediation, assisting the parties in reaching an agreement without prolonging the court process.