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Mar28

Becoming a Criminal Defense Lawyer in China

Law School and Training

In order to get into law school, an applicant don't have to obtain a bachelor’s degree from a well-regarded college and university like U.S.. We don't have to get a high LSAT scores, a well written essay and a compelling interview also help an applicant stand out in the highly competitive world of law school admissions. What we need is to attend a national High Education Qualification Test.

A law student should look for a program that offers an excellent criminal law specialization. It is also helpful to go to law school in state where you want to eventually practice. It’s also important take many law classes with topics on criminal law, such as: Criminal Law, Jury Law, Trial Techniques, Juvenile Court and Criminal Procedures.

 
Mar28

Appeal in China Litigation Procedure

Appeals are an important part of the legal process, since they give you a second chance to have your case hard and evaluated. An appeal refers to party's request for a formal change in a court decision. Any litigant who is dissatisfied with a court decision may file a petition requesting a court of appeals to review the case. This china law firm has Chengdu lawyer, Dalian lawyer, Shenyang lawyer, Nanjing lawyer, Ningbo lawyer, Tangshan lawyer extensively appear on appeal court in China.

The procedure for an appeal varies depending on the type of case and which court system has jurisdiction. Appeals from state court cases must be made to the state court of appeals. Appeals arising out of federal law must be appealed to federal courts. If a case involves a federal agency, it is appealed in a district court directly instead of being handled by the court of appeals.

Either the losing party or the winning party may appeal a verdict in civil cases. The losing party may ask the court to overturn the decision, or to reduce the severity of the penalty imposed. The winning party may ask the court to make the penalty more severe. Cross appeals can also be filed in which the losing party asks for the verdict to be overturned and the winning party simultaneously requests a more stringent penalty be applied.

 
Mar28

China Business Litigation

Sometimes business disputes arise, and when they can't be resolved through negotiation or arbitration proceedings, business litigation can be used as a way to remedy the situation. Whether it's a private individual or a business entity that has a legal issue with another business entity, we will look at what is business litigation. We have Chongqing lawyer, Hangzhou lawyer, Wuxi lawyer, Qingdao lawyer, Foshan lawyer, Wuhan lawyer experienced in business litigation law.

Many people are concerned about their finances and investments now, so anyone who suspects that his investment broker has not acted ethically may bring business litigation against brokers who do not act in the best interest of the clients. If an investor suffers excessive financial loss as a result of unethical behavior by a broker, the investor can pursue business litigation. In the same vein as unethical broker behavior, which usually involves a broker pushing inappropriate investments on clients or failing to fully disclose investment information, is investor fraud, which involves deception.

 
Mar28

Breach of contract law in China

A breach of contract can reek havoc on the plans, finances and psychological well being of the wronged party. When one party fails to meet their contracted obligation(s), an individual or business may be affected financially and in other ways. When most individuals or groups enter into a contract they expect to honor the terms of that contract. They also expect that the other person (or organization) will do the same. When a breach of contract occurs, the party who has experienced the breach has several legal options at their disposal. Our law firm can help you exercise the most appropriate legal remedy. We have Chongqing lawyer,Hangzhou lawyer,Wuxi lawyer,Qingdao lawyer,Foshan lawyer,Wuhan lawyer and in other cities.

If you believe that you or your company has been the victim of a breach of contract, contact our office today. We will schedule a consultation to determine whether or not your company has the legal standing to receive any of the remedies listed below. If we determine that it does, we will work tirelessly and expertly to bring your case to a satisfactory conclusion.

 
Mar28

Our lawyers' presence in Beijing, Shanghai, Guangzhou, Shenzhen, Suzhou, Tianjin

Legal disputes generate stress and frustration, and can detract from the bottom line. Perhaps you have attempted to resolve a dispute with another party, only to find no workable solution. It may be time to contact an experienced attorney to help resolve your dispute. This Shenzhen Law Firm is an Guangdong-based complex litigation law firm dedicated to serving the litigation and other legal needs of businesses, and the individuals who endeavor to make them succeed.

We represent businesses and individuals throughout the greater China. We have Beijing lawyer,Shanghai lawyer,Guangzhou lawyer,Shenzhen lawyer,Suzhou lawyer,Tianjin lawyer, and the rest of the Southeast. Our clients are located here and across the country. We design cost-effective and comprehensive solutions for a wide variety of civil disputes. We are committed to deliver prompt legal representation, focused on exceptional results.

 
Mar28

China Intellectual Property Litigation Lawyer

In each field of law, any China intellectual property litigation attorney who wishes to be successful must possess certain skills and character traits which will enable him or her to distinguish themselves from the rest of the pack of attorneys. These skills vary with the fields of law. Organizational and transaction skills are most advantageous for the business planning attorney, whereas technical and scientific knowledge will enable the patent attorney to succeed. China IP lawyers should also aim to achieve or posses certain skills which will assist them in attracting and retaining clients, winning cases and potentially making new law.

1. Knowledge of the Rules of Evidence:

Many civil cases often turn on the admissibility or inadmissibility of a certain piece of evidence. Many practicing attorneys fail to have a proper understanding of the rules of evidence, and lack the knowledge of how and when to object and how to answer an objection. Often times, failure to object or preserve an issue for appeal can cost the client significantly more in legal fees, or even worse, cause the client to lose the case. In addition, an attorney with a mastery over the rules of evidence can use them as either a shield or a sword in admitting or barring important evidence.

2. Confidence

An essential element of attracting business is the manner in which an attorney projects him or herself. Confidence is more than mere hollow bravado or misplaced self-assurance . Confidence conveys to the client, judge and opposing counsel that you have a complete handle of the case and can control how and where it flows. As part of projecting an air of confidence it is first necessary to read your audience and adjust your behavior accordingly. A client does not want an attorney who simply offers them options for them to choose. A client wants an attorney as a true advocate, one who can give them an answer and a firm and confident recommendation. Without confidence in their attorney, a client's trust for that attorney will decrease, and the potential of repeat business is small.

 
Mar27

Elements of being a good China divorce lawyer

A China divorce lawyer is many times the key actors in a divorce trial. We have good Shanghai divorce lawyer and Beijing divorce lawyer in our team. Having a good lawyer can be the difference between losing a lot because of your divorce and not losing at all. Specialized divorce lawyers know all the tricks of divorces and use them to obtain as much as they can for their clients.

Therefore, it is very important to have one of the best divorce lawyers on your side in any divorce proceedings! While it can be difficult to find a very good divorce lawyer, some key factors do stand out! The best 5 characteristics a good divorce lawyer are: proactive, being a good negotiator, assertive, problem solver and approachable.

Proactive

Having a proactive divorce lawyer on your side is very important as the other lawyer will be kept on the defensive. A proactive lawyer will have the initiative and maintain his strategy for obtaining the final purpose: your demands.

Being a good negotiator

Being a good negotiator is another key characteristic your divorce lawyer should have. This is because in many cases this ability of negotiation will bring you better results from your divorce. Also, when it comes to contested divorces, you will need the services of a good trial lawyer on your side.

Assertive

The assertive type of lawyer is a confident one, but not arrogant as well. He should know when to be assertive and when it is not the case. The confidence of your divorce lawyer will be of great help especially in court. I am sure, you have witnessed court proceedings and it seems like one lawyer knows his stuff and clearly in charge of the proceedings!

 
Mar27

What makes a good China litigation lawyer

As a China litigator, I would like to write this introductory article to reflect with colleagues as to what makes a good China litigation lawyer. Below is a selection of the qualities that I believe are seen in the best litigators that I have come across both acting for clients and against them.

Notwithstanding major changes in the litigation process in China over the last 10 years and the growth of ADR, these qualities remain largely consistent over time. Of course, no one person can be expected to have all these qualities and, if they did, they would probably regularly change their clothing in a telephone box. Nevertheless, the litigators that act for us possess many of the qualities set out below, which are not listed in any order of importance.

Taking Command at the Outset

When a serious dispute arises, it is very important that the right people are brought together; that further prejudicial documentation is not created; and that an objective cogent assessment of the situation is presented to senior management. While the in-house function will be expected to contribute significantly to this, the senior external litigator’s input is paramount. At the first meeting the litigator will be expected to provide reassurance that he or she recognises the issues involved, has had experience of dealing with them in the past and is already formulating what immediate steps should be taken. The litigator should be mindful of any individual senior managers’ personal concerns arising from the dispute, but ultimately must provide an objective assessment.

Good Communicator

A litigator who can sum up in a page and a half or in a 5 minute conversation the merits of the dispute and the best way forward, will always be highly valued.

Good Listener

Too often lawyers are on full transmit mode and can be too intent at the outset on explaining why they have the necessary experience to do the job. The first meeting is inevitably an information gathering exercise and, in this, the ability to listen and ask the right questions to elicit the “weakest part” of the client’s case is essential.

Good Negotiator

Everybody can learn negotiation skills to a point; nevertheless really good negotiators have instinctive qualities that are very difficult to acquire through education. The ability to read and deal with people is paramount. The growth in mediation has, is anything, increased the amount of ‘face-to-face’ dealing. The ability to spot potential openings for settlement and weaknesses and concerns in the other side is an invaluable quality.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.