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China cease and desist letter

Cease and Desist Letter

A cease and desist letter, also known as a C&D letter, is a legal letter that instructs a person, group, or organization to discontinue an action or program of actions that have been deemed harmful to another person, group, or organization under China law. To cease and desist literally means to stop. Generally, a letter is issued by a legal authority. When an individual must send one, it is usually worded by a China lawyer.A simple Cease and Desist order will identify the following basic elements:

  • Recipient: individual or business who needs to stop the harassment, defamation, unreasonable debt collection, or copyright/trademark infringement
  • Sender: individual or business requesting the recipient to stop their unlawful behavior
  • Unlawful Behavior: detailed description of the behavior and why it is unlawful
  • Legal Action: a lawsuit will be initiated if the behavior does not stop or continues
  • Date: when the letter is being sent to the recipient

A Cease and Desist Letter is also called a Demand Letter, Violation Letter or Takedown Letter.

 

Shenzhen, China Lawyer Cannot Post Bus Bench Ads

 

In some areas, city governments and media companies sell space on bus stop benches to commercial advertisers. Using such space is fairly easy; however, you must decide whether the medium will be beneficial to your type of business. While bus bench advertisements are very creative and more affordable than many other mediums, they aren't a good fit for everyone.

The Shenzhen Bar Association first caught the attention of local lawyers this month with an advertisement on a bus bench near the Shenzhen Shekou District Courthouse and also Luohu lawyer's office that exclaimed "Prefer a Shenzhen lawyer!" and offered the business' phone number.

Whenever an attorney comes to me with a question about where to spend his marketing dollars somehow three forms of media that I absolutely despise almost always enter into the discussion.  These three forms of media are: Billboards, Buses and Benches.

Why do I hate these forms of media so much, especially Bus Bench? Below is my argument being a Shenzhen lawyer myself.

 

China Lawyer Referral and Referral Fees

 

Today, when I was eating out with one of the lawyers in our firm, he asked me whether I will accept or pay referral fee. He said I've been working on a "treatise" on lawyer-to-lawyer referrals and would appreciate your input.  Do you partake?  If yes, why?  If not, why not? Do you have an opinion on the ethics or morality of lawyer-to-lawyer referrals?  What do you think of referral fees?  Please comment on anything you think might be relevant to this topic.

Below is my response. I think it's great. Lawyers finding the right lawyer for the client instead of taking it themselves. Of course, bad referrals can happen.

 

China Lawyer and China Judge Relationship

 

I ran into one of the retired judges at the post office.   I didn't recognize him at first without his robe on.   He recognized me.  I was wearing a suit.   A couple years ago, I had a hearing for a temporary visitation schedule in front of him.   My client reacted ... badly to the ruling.   Very very badly.   Yelling, screaming carrying on, the whole works.   He almost held her in contempt.

Today he asked me whatever happened in that case.   I told him I got out shortly after the hearing because it was clearly beyond my expertise.   He said he understood that.   He felt for her, but he just couldn't let that go on  in the courtroom.   I told  him I understood that.   I confided I was afraid he would hold me in contempt for how she was acting (not that I wasn't trying to shut her up, but short of duct taping her mouth nothing was going to work).   He said not to worry, judges get it.   When clients act out, the judges understand it is not the attorney's fault.   I appreciated hearing that, but I seldom has such opportunity to feel like this, as most judges sniff at lawyers and our clients as well.   Not that I won't try to make sure my client's behave in court, but nice to know judges get that some things are out of our hands.

 

Authentication and legalization of documents in the U.S.

Client lives in California, but was born in Macau (think Hong Kong). Client needs to have his Macau birth certificate certified for some reason. To do this, Macau needs his mom to sign off on the certification.

Client's mom is in her 90s and is in frail health so client does not want her to travel to Macau to just sign one form. Client can get his mom to sign the form in California and then get the form notarized, but is not sure if this has any meaning for documents used internationally.

I am a China lawyer and here is my understanding according to official information available.

First question we are to ask: Is this for the purpose of using in the US? If it's immigration related, for example, they need to get the proper document issued by the relevant authority in that country. You can find country specific information here, and learn whether and how such a document can be obtained:
Scroll past the visa issuance fees and down to the relevant document.

http://travel.state.gov/visa/fees/fees_3272.html

First, though, the key is finding out for what purpose is this document being used? US purpose? Macau purpose? Other? and what purpose exactly? US immigration? Travel? Financial? Etc..

If it's a US document, here is additional info to peruse on authentication and apostilles (and Hague Convention members) ...
Authentication and Apostilles:
http://travel.state.gov/law/judicial/judicial_701.html

Also, here is general judicial assistance info by country.
http://travel.state.gov/law/judicial/judicial_2510.html#M

 
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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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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.