The Lawyer’s Duty of Confidentiality In Vietnam - A Study Of Comparative Law In The Asia Pacific Countries

Abstract Around the world and in Vietnam, lawyers have to comply with codes of ethics and professional conduct. This article examines the rules and regulations on the Vietnamese lawyer’s duty of confidentiality as stipulated in the 2019 Lawyers’ Code of Ethics and Conduct and the 2006 Law on Lawyers. Although this obligation has been one of the important ethical and legal obligations that create the foundation of the client-lawyer relationship, the lack of clarity and implementation guides has created many shortcomings. The authors applied legal analysis to highlight the unclear scope, scale, and requirements of such duty in the current legal and ethical regulations. By comparing the Vietnamese approach with those of South Korea, Japan, Singapore, Australia, Germany, and the United States, the authors highlight best practices and offer recommendations on how to resolve and improve the rules and regulations on lawyers’ duty of confidentiality. Exploring other countries’ approach towards attorney-client privilege, the paper suggests that the conflict between the confidentiality obligations and the current civil procedural laws in Vietnam should be resolved.