Question:
Last month, I signed a service contract to provide services in repair and maintenance of equipment. But now there are disputes between me and the buyers. I would like to ask that if I authorize SB Law to resolve the case, what is the scope of work and performance time for your legal services? Thank you very much.
Response:
SB Law thank you for your interest in our legal consulting services. Regarding your questions, we would like to advise as follows:
Scope of work:
Following works are proposed based on the request of Client. However, depending on the specific position/situation of Client, several work items may not be necessary:
Phase 1: Discussion on resolution
- Researching the relevant documents and information provided by Client;
- Supporting and/or representing the Client to draft, prepare and send 01 dispatch letter requesting the buyers to pay the unpaid amount;
- Arranging 01 meeting with the buyer to discuss on the resolution of the cases;
- Reporting Client any feedbacks and/or comments of the buyers; and
- Advising Client the next handling solution in case the buyers have no feedback or refuse our request.
Phase 2: Initiation of the lawsuits
- Supporting and/or representing Client to prepare a lawsuit file regarding dispute resolution including but not limited to: a petition, request of applying emergency measures, self-declaration, comfort letter,…to submit to the competent court
- Prepare a lawsuit file at the Court of First Instance and appoint 1 (one) lawyer to coordinate with the Client's personnel (Legal representative or the Client's staff authorized by the Client's legal representative to have to participate in the Court of First Instance) to participate in the proceedings as a lawyer to protect the legitimate rights and interests of the Client or the authorized representative from the initiation to the end of the case at the first instance stage;
- The work scope in this stage is deemed to be completed in the following conditions:
- The Court issued a Decision to suspend the resolution of the case;
- Both parties mediate successfully regardless of being in or out of the Court;
- The judgment of the first instance Court is issued
Work duration:
Phase 1:
Within 05 working days from the date that SB Law receives payment of service fees as per Article 4 as below, we would provide Client a draft of the letter of request for review. Upon Client’s approval, we would send the buyers the official Letter of Request on Client’s behalf then arrange the meeting schedules with them.
Phase 2:
The time to resolve the case follows the rules and process at the Court. As provided by law, the first-instance trial commonly lasts for 8 months from the time the Court issues the decision to accept the case. The actual time may be longer because of objective factors coming from the Court or from the coordination of the two parties.
Clients can refer to more consultation contents of related issues via the link:
https://sblaw.vn/business-dispute-resolution-lawyer/
