The People’s Court of District 1 in Ho Chi Minh City has dismissed a lawsuit filed by Nguyen Thi Thu Ha against Baker McKenzie Vietnam, rejecting her claim for a public apology and symbolic compensation of zero dong.

The court ruled that the plaintiff failed to provide evidence that Baker McKenzie had violated her dignity or reputation.

Allegations of legal misconduct deemed baseless

According to the judgment, a legal services contract existed between Thien Dinh Company and Baker McKenzie Vietnam, covering labor law consultancy, internal legal review, and other related matters.

Ha alleged that the firm had improperly appointed two individuals - referred to as lawyers T. and V. - to represent Thien Dinh in a labor dispute, violating Article 70 of Vietnam’s Law on Lawyers. However, documents from the HCMC Department of Justice confirmed that neither of the two was listed as licensed Vietnamese lawyers at Baker McKenzie.

The court determined that Baker McKenzie had authorized another licensed lawyer, H., to carry out the contracted work. Lawyer H. then assigned employees P. and H. to assist with certain tasks. The court found that the emails sent by employee H. to Ha and her counsel were general communications and not legal advice, invalidating Ha’s claim that unauthorized legal consulting had occurred.

No proof of misconduct or material loss

Ha also claimed that Baker McKenzie staff had confiscated her personal laptop and phone. However, the court found no evidence to support these allegations.

The court acknowledged that Thien Dinh’s unlawful dismissal of Ha had already been addressed in a final ruling by the HCMC People’s Court, which awarded her VND 9.4 billion (approx. USD 370,000). Nevertheless, Ha could not prove that Baker McKenzie had intentionally violated her rights or caused any tangible loss.

As such, the court rejected her demand for a public apology and symbolic compensation for emotional distress, which she had reduced to zero dong at the hearing.

Background and previous proceedings

Ha’s legal battle with Thien Dinh originated from her wrongful termination, which she claimed resulted from legal advice provided by Baker McKenzie. In 2023, her initial labor lawsuit was dismissed by the District 10 Court, but that ruling was overturned on appeal in June 2024 by the HCMC People’s Court.

One day before that appeal verdict, Ha filed a new suit against Baker McKenzie, accusing the firm of improperly participating in the labor proceedings, unauthorized involvement in internal investigations, and seizing her personal property.

Initially, Ha sought VND 18 million in emotional damages but later amended her claim to demand zero dong in symbolic compensation while still insisting on a public apology.

Attempted settlement rejected

During a mediation session on March 20, Ha demanded a settlement of VND 3 billion (approx. USD 120,000) to drop the case. Baker McKenzie refused, stating that the amount far exceeded her original claim and lacked a legal basis since she had not demonstrated any fault or damage.

“This demand is unreasonable and therefore unacceptable,” a firm representative said during the proceedings.

Thanh Phuong