Feature Story
An Interview With Tiep Nguyen -- Paving The Way
Admitted to the California State Bar in 1979, Mr. Tiep Nguyen has been an incredible influence on the Vietnamese-American community in Northern California. He was one of the first Vietnamese-American attorneys in Northern California. After working at the San Francisco Legal Assistance Foundation in 1979-1980, Mr. Tiep Nguyen practiced on his own for six years. From 1986 to 1993, he practiced in the law offices of Nguyen & Schroeder with John G. Schroeder, who later became Santa Clara Superior Court Commissioner. Since 1993, he has been a general practitioner in the area of persona injury and business. Through his love for the law, for the community and for the profession, Mr. Tiep Nguyen has built a reputation as a hard-working, ethical and courageous person.
"He's an exemplary man. Back when there were few Vietnamese-American attorneys, Mr. Tiep Nguyen took on many cases for the community, like criminal defense and family matters, and some of these clients never paid him. He continues to contribute a lot to the community through VABANC. "
-Mr. Nguyen Cong-Binh, a founding member of VABANC who has known Mr. Tiep Nguyen since Vietnam
"What he did at the time took a lot of courage. This not only gained him the trust from the Vietnamese-American community, but also carved out a role for Vietnamese-American attorneys."
-Ms. Rose-Claire Chapuis, former President of VABANC, referring to Mr. Tiep Nguyen's efforts against Tom Hayden
"He's one of the most ethical and professional attorneys I know in the Vietnamese-American legal community."
-Mr. Henry H. Liem, former President of VABANC who has known Mr. Tiep Nguyen for over 15 years
"He's a man of integrity and a person who puts his clients' interests above his own-that's something unique among Vietnamese-American attorneys."
-Mr. Luan Le, a founding member of VABANC who has known Mr. Tiep Nguyen for over 10 years
Q: When did you come to the U.S.?
A: I came to the U.S. as a refugee from Viet Nam in April 1975.
Q: Can you tell us about your family?
A: I've been married to my wife for almost 15 years. We have two beautiful daughters. The older one will start in high school next month and the younger one is in middle school.
Q: Anything memorable about your childhood that still has an effect on you today?
A: I was given the highest bonus point in my 10th grade civics class for asking my teacher a question relating to the retroactive aspect of a new law just passed by the then Vietnamese legislature. His answer to my question and his lectures in class offered me some insight into the legal system and the law. From then on, I have developed a great interest in law.
Q: Describe your early education.
A: I attended Ho Ngoc Can high school in Viet Nam and then University of Saigon, Faculty of Law. I graduated from the law school there in 1970. When I came to the U.S. in 1975, I studied law at the University of Arizona where I received a J.D. degree.
Q: What are your other interests?
A: I love to travel. I love to discover new places and learn about the new cultures. Nevertheless, nothing beats some quiet time with a good book.
Q: Why did you decided to go into law?
A: My 10th grade civics teacher has had a great influence on me. He was a law school graduate and often discussed about the then Vietnamese legal system, and the roles of the judges, lawyers, and legal scholars. He often talked about justice and equality and a need to protect the weak and the underprivileged against the powerful. I remember one day after class, he praised me for my work in his class and encouraged me to go to law school to become a lawyer.
Q: How did you get started in a law career?
A: I followed my 10th grade civics teacher's advice and went to law school of University of Saigon.
Q: What were the times like when you started your law studies?
A: It was the wartime in Vietnam. A new government had just been installed and the first U.S. Marines had just landed in Central Viet Nam. Martial law had been declared and was in full force and effect. I went to law school during that time hoping some day peace would return and the civil law system would be fully reestablished so I could practice law. However, the war was escalating soon after that. After the Tet offensive in February 1968, military conscription became necessary and was enacted into law.
Q: How was the study of law in Vietnam?
A: In Vietnam, we studied the law and legal theories through books and lectures. Stare decisis had only a minor role there. Judicial interpretation of the law did not have much impact. Therefore, the case law method was alien in Viet Nam. Here, as we all know, stare decisis is the backbone of the legal system. We, therefore, study cases in which the court interprets the law and applies the law to the facts of a particular case.
Q: How was the practice of law in Vietnam?
A: I did not have a chance to practice law in Viet Nam because the military draft was still in effect after I graduated from the law school. Unless exempted, you had to join the Army, or the police or other Para-military forces. I joined the police force.
Q: Why did you decide to pursue a legal career in the US?
A: I wanted to achieve my dream to become a lawyer and I wanted to continue what was left off after graduation from the law school in Viet Nam. So after resettling in Tucson, Arizona, in June 1975, I told my sponsoring friend that I still wanted to be a lawyer. My friend was very supportive. He helped me to obtain scholarships for my education. I was admitted to the law school of the University of Arizona in September 1976 and graduated in May 1979.
Q: When did you begin practicing in the US?
A: I started practicing law after I was admitted into the State Bar of California in November 1979. At first I worked for the San Francisco Legal Assistance Foundation in San Francisco. In June 1980, I felt that there was a need for legal services within the Vietnamese community. I then decided to open my office here in San Jose.
Q: What were some of the memorable stories (good or bad) about beginning a legal practice in a new country?
A: I had several clients when I worked for the San Francisco Legal Assistance Foundation in San Francisco, but what I remember most is the very first client I had after I opened my office in San Jose. He was a very pleasant man, his Vietnamese first name was Loc which meant "prosperity", and his legal matter was not very complicated. For a new lawyer he was an ideal client. I felt so good that day after I signed him up.
Q: How did you establish your practice?
A: By words of mouth, repeated clients, referrals from former clients, and advertisements.
Q: What were some of memorable stories in establishing your practice?
A: It was easy to set up an office; but it was a challenge to set up your practice because clientele was everything in your practice. So the support of your friends and your community would dictate whether or not you would be successful in the practice. I remember driving up and down 101 from San Francisco to San Jose several times a week during May and June 1980 to meet with friends and acquaintances to obtain their support. They were very helpful which I appreciated very much. They not only passed my business cards to their relatives and friends, they also took me to some community agencies and introduce me to the workers there. They even helped me locate a location for my office and showed me where to get the office furniture. I thought I was well received because there were only two Vietnamese-American lawyers at that time including me.
Q: How was law practice in your early career?
A: In law school, they don't teach you the business aspect of running your own practice. So you learn as you go. Early in my career, most of my clients were, of course, Vietnamese. We had been here not too long ago; therefore, the legal matters those clients encountered were usually not very complicated. So, those cases went pretty smoothly. For those cases that went to litigation, they were more challenging. Some opposing counsels seemed to be more aggressive and, sometimes, abrasive when they learned I was Vietnamese. I had no choice but to fight back. When they know you know the stuff and are willing to fight, they would back off and show some respect.
Q: Did you have a mentor or a person who influenced you during this stage in your life?
A: I did not have a specific mentor at that stage of my life but I had several colleagues whom I could turn to whenever I had a question. They were very helpful. They would guide me through difficult and complex procedure or give me some practical advice on certain issues. Nonetheless, the person who influenced me most in my life was my mother. At that time she was still in Vietnam. In her letters, she kept telling me how proud she was of my achievements. That really kept me going.
Q: What is your primary specialty?
A: I am a general practitioner with emphasis on personal injury and business.
Q: How is it to practice now compared to when you first started practicing?
A: Personal computer and the Internet coupled with the unification of Municipal Court and Superior Court and the expansion of the unified Superior Court have caused significant changes in the way we practice law. With computers, we, as lawyers, are more efficient and more productive. Personal computers and the Internet now enable us to do almost all the legal research on the computer. Today, failure to do research on the Internet in some cases may subject you to a malpractice suit. The unification of the Municipal Court and Superior Court and the expansion of the unified Superior Court have brought about many changes in the procedure and rules. In addition, more laws have been on the books since I first started. As a result, it is much more complex now to practice law than it used to be.
With respect to the Vietnamese American community, it is now getting much larger. The numbers of Vietnamese American lawyers are significantly increased. The legal matters encountered by the Vietnamese American are more complex and more sophisticated. Also, unauthorized practice of law has been on the rise with offices run by Vietnamese speaking "owners/managers" under the names of non-Vietnamese lawyers. In that environment, practice of law within the Vietnamese American community is now very different from that when I first started.
Q: What is your impression about the Vietnamese-American community?
A: I admire the first generation Vietnamese American. They came here as refugees. They had nothing but a good work ethic. They worked hard to rebuild their lives and raise their children. The contributions they have made to the communities they live in are enormous. Take San Jose for an example. The Vietnamese American community here helped to revitalize the downtown area. It had been a run down area. The Vietnamese American moved in and opened their businesses. When the area was cleaned up and getting better, the San Jose Redevelopment Agency came in and relocated almost all the Vietnamese businesses. Those businesses have been moved to Story and Tully Roads and they are thriving there.
I also admire the second generation Vietnamese American. They inherit their parents' work ethics and are very successful academically and professionally.
Q: What does it mean to you to be a Vietnamese-American lawyer?
A: A Vietnamese American lawyer should also use his/her skills and knowledge to help and to work with the Vietnamese community as a whole. He or she should give back to the community by doing pro bono work in those issues that would affect the community.
Q: Describe your proudest accomplishments, personally, socially and professionally.
A: In the mid-1980's I had a chance to work with the Vietnamese American students at San Jose City College and the Vietnamese American leaders in requesting the faculty to cancel the invitation of Mr. Tom Hayden, who was then an Assemblyman of the State of California, to be a commencement speaker at their graduation ceremony. I felt that the Vietnamese American students, which were comprised of about one-half of the graduating class, were justified in their request because the Vietnamese American students and their parents, who would be the captive audience in their graduation ceremony, could not exercise the First Amendment right to walk out to protest Mr. Tom Hayden who had been an anti-Vietnam war activist in the 1960's. We organized peaceful protests, vigils, and news conferences. Eventually, the San Jose City College faculty agreed to cancel the invitation.
With respect to my career, I would take personal pride when I am able to introduce certain aspects of our culture into the legal system here. In one case, I was able to explain the concept of "hui" to a judge and obtain a favorable ruling on behalf of my client.
So far as the rights of the victims are concerned, I also took personal pride when I with a co-counsel was successful in obtaining a large structured settlement for a Vietnamese American minor in a medical malpractice case.
Q: Why are these your proudest accomplishments?
A: In the San Jose City College matter, the Vietnamese American leaders and I was able to help the Vietnamese American students and their parents avoid some embarrassment moments they would have experienced if they had sit still through Mr. Hayden's speech. Together the Vietnamese American could make things happened.
In the "hui" case, it was one of the cases where I was able to introduce our culture to the legal system here.
In the medical practice case, I was able to help the minor and his family in that the minor would be well cared for the rest of his life without becoming a burden for his family and the State of California financially.
Q: How has each of these accomplishments affected you?
A: After the San Jose City College matter, I received a lot of letters urging me to run for public office. I thought long and hard about it but decided that bringing in the public eye with constant scrutiny was not for me and my family.
The success of the "hui" and malpractice cases made me feel more confident professionally.
Q: What would you like to see with respect to the Vietnamese-American community?
A: I'd like to see the Vietnamese American community be more involved in the political process. If we come out to vote, politicians for sure will work with us in those issues that would affect our community. I'd also like to see our community to be more tolerant toward opposing views, and to work together to build a stronger community
Q: What would you like to see with respect to the Vietnamese-American legal community?
A: I'd like to see more Vietnamese American lawyers and more Vietnamese American judges. I'd like to see our organization (VABANC) grow in membership, build a network or networks among the members, and serve the Vietnamese American community whenever a legal issue affecting the community as a whole arises.
Q: What are your personal goals?
A: To spend more time with my family and to stay involved with the few non-profit organizations that I have been serving as a member or advisor.
Q: What are your career goals?
A: Frankly at this stage of my life, I am thinking more about retirement or cutting back my workload. As of now, I am content with the volume of business that I have.
Q: What are your ideas to achieve these goals?
A: Keep doing what I do best and be happy.
Q: What advice would you give to young attorneys about the practice of law?
A: The legal profession is a noble profession and it can be rewarding too. So, work hard and, if you have a chance, give back to the community by doing pro-bono work. If you have any questions about your practice or on how to deal with a difficult situation, you can come to us. We will try our best to answer you.
Q: What general advice would you give to young people?
A: This is the land of opportunity. Everybody has an opportunity to be whatever you want to be. So please do not waste your chance. Stay away from drugs and gangs. If you love the law, our legal and/or political system, please come to join us. This is a noble profession and it can be rewarding too. Statistically and in reality, the Vietnamese American community needs more attorneys in every aspect of the law.
Q: What advice would you give to the community about the law?
A: The legal system and the law are complicated. When you have a legal problem, you should go to a lawyer who is trained to handle your legal problems. Please do not assume under any circumstances. Some behaviors that are acceptable in Viet Nam may not be acceptable here in the U.S. and vice versa. When you are in doubt, don't do it until you get legal advice.
Q: What inspiration would you give to Vietnamese-American attorneys?
A: There are only a few Vietnamese American judges in California now. As population grows, the unified courts in all counties are expanding and new judges are appointed to meet the need of the courts. The Vietnamese American lawyers, many of whom are highly qualified, should be fairly represented in the future appointments. If you feel you are qualified, if you have a long resume, and if you have some good letters of recommendation, it's time to apply. We will support you whatever we can, no question about it.
back to news |
