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15 March 2012 By In Divorce Lawyer

Shanghai family lawyer

Our Shanghai lawyer share insights on the family and divorce matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

What, exactly, does it mean to litigate a divorce case?

A litigated divorce means that for various reasons the case must be managed by a Judge. It is a divorce where the parties are unable to bring resolution to their issues short of this step.

The parties will engage in formal discovery which includes: The issuance of subpoenas

  • The use of interrogatories
  • The use of court appointed experts
  • The attendance of the parties and other third party witnesses at depositions
  • The formal exchange of documents
  • In many cases at least one or more court hearings
  • Even when a divorce is litigated there may remain options. It is also true that the case may need to go to trial to be resolved.

When do you decide that the case has to be litigated?

Sometimes it is clear from the beginning of a case that it will require judicial intervention; i.e., that a judge will have to make decision because the parties and their attorneys are unable to reach resolution of the issues.

15 March 2012 By In Criminal Defense

Shanghai family lawyer

Our Shanghai lawyer share insights on the criminal defense matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

This comment is from a Shanghai lawyer's view on the change to the criminal procedure law.

China's legislature approved revisions Wednesday to a key criminal law that at least on paper will restrict police powers to secretly detain people, a tactic increasingly used against activists and government critics.

The changes to the criminal procedure law were the most high-profile ones passed on the last day of the annual National People's Congress. The Communist Party-controlled body also approved a budget for this year that calls for a boost in domestic consumption to keep the economy expanding while overseas markets remain weak.

While legal reformers have mostly applauded the revisions, saying they will offer better protection of suspects and reflect increasing awareness in China of the need for stronger detainee rights, legal enforcement in China is another matter. Police and prosecutors routinely ignore current legal provisions protecting suspects' rights and have frequently used charges of endangering national security against dissidents.

The approval of the revised law by a vote of 2,639 for and 160 against ends months of speculation and debate about whether the government would give police the legal authority to do something they have long done extra-legally: disappear people for months at a time without telling their families.

Police have increasingly used the tactic over the past year to detain activist lawyers, democracy campaigners, and even internationally acclaimed artist Ai Weiwei, amid government worries about whether the popular uprisings of the Arab Spring might spread to China. There are two relevant articles in the new law that deal with notifying families, one in regular criminal cases and the other involving a type of detention known as residential surveillance. Both have been revised to better protect detainees, though they don't do away completely with secret detentions, scholars said.

13 March 2012 By In Legal Counsel

It's very common for companies in Shanghai to retain lawyers form law firm to serve as genernal legal counsel, or long-term legal counsel, or full-year legal counsel.

No one knows the operational side of your business enterprise like you and your management team. However, in any business there are times when even the most experienced managers and executives need to turn to outside counsel to assist with the intricate legal problems with which they are just not familiar. While some companies employ a full time in-house lawyer, this could be an expensive solution when a company only requires occasional legal advice. Furthermore, your company attorney may become very familiar with the law as it relates to your business field, but will still require outside legal advice from an attorney that handles cases in other areas of the law. This kind of diverse legal knowledge can only be gained by a by a law firm devoted to different practice areas.

13 March 2012 By In Company Formation

Shanghai company formation lawyer

This Shanghai lawyer blog shares insights on the company registration matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

If you are planning a Shanghai business start-up, company formation or expand a business, your first consideration is often the choice of appropriate legal form. Different business forms offer differing tax and liability features. When evaluating the varying choices of business entity, you need experienced Shanghai company formation lawyer to protect your interests.

Our solicitors are able to offer services to individuals and companies that are doing business through or in Shanghai or even reallocating to Shanghai. Our solicitors can assist in all steps of doing business by creating a Shanghai offshore company: selecting the appropriate legal structure. Shanghai company incorporation and management in Shanghai and other jurisdictions. Opening of bank accounts, securing financing, Shanghai taxation and international tax planning, Shanghai accounting, auditing a firm in Shanghai and preparation of Financial Statements, VAT, payroll, audit firm in Shanghai and capital gains. Director, secretary facilities and providing a Registered address, Securing residence and work permits. Trading & Banking back up for foreign investors.

13 March 2012 By In Contract Drafting

Shanghai contract lawyer

This Shanghai lawyer blog shares insights on the contract drafting matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

When you are doing business or living in Shanghai, you are to need a contract. We are Shanghai contract lawyer and we draft an agreement in both Chinese and English.

Effective and workable contracts are the lifeblood of any company. Make sure your company is protected and its strategic relationships maximized by having essential contracts drafted and/or reviewed by counsel. Whether you are a small, family-owned enterprise or a large-scale operation, your business will likely require contracts with employees, vendors and customers. It is important that you seek the advice and guidance of an attorney with business-contract experience.

We will work with you to ensure your vital contracts assist your company to achieve its goals while minimizing risk. We offer services in general commercial contract drafting and negotiation, strategic partner agreements, software licensing agreements, intellectual property licensing agreements, commercial leases, distribution agreements, and vendor contracts, and product warranty drafting and analysis.

Shanghai intellectual property lawyer

This Shanghai lawyer blog shares insights on the intellectual property matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

Under China intellectual property law, creators can be given the right to exclude others from using their inventions, designs or other creations — and to use that right to negotiate payment in return for others using them.  These “intellectual property rights” may take a number of forms. It's our Shanghai lawyer's mission to identify your intellectual property rights and protect them.

Ideas and knowledge are an increasingly important part of domestic and global business.  Most of the value of new technology products and services lies in the amount of invention, innovation, research, design and testing involved.  These efforts can produce valuable design patents, utility patents, and trade secrets.  Films, music recordings, books, computer software and on-line services, generally the subject of copyrights, are transacted because of the information and creativity they contain, not usually because of the materials used to make them.  Business and product branding has also increased in value in the modern marketplace, putting added emphasis on building and retaining “good will” associated with trademarks.  Our intellectual property lawyer is skilled at procuring protection for all types of intellectual property.

13 March 2012 By In Legal Counsel

This Shanghai law firm offers a wide range of services and provides clients with the care, accuracy and dedication expected of seasoned, aggressive attorneys. With this Shanghai Law Firm, clients can expect excellent legal representation at affordable rates.

If you are in need of legal advice, our Shanghai lawyer will be there every step of the way. If you have been involved in a lawsuit, the firm's lawyers will ensure that you receive the best possible representation. From the outset of legal issue to possible litigation, the lawyers at this Shanghai Law Firm will provide you with legal representation and make sure that you are aware of all your legal options.

13 February 2012 By In Legal Counsel

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13 February 2012 By In Legal Counsel

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13 February 2012 By In Legal Counsel

Shanghai lawyer

This Shanghai lawyer blog shares insights on the legal fee matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

Types of Fee Arrangements

First and most important, our Law Firm’s fee will be reasonable. Factors we use to determine our fee is the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly. Also, we consider the likelihood of precluding other employment to our Law Firm, the fee customarily charged in our community for similar legal services, the amount involved and the results obtained, the time limitations imposed by the client or by the circumstances, the nature and length of the professional relationship with the client, and our level of professional experience in the performance of these services.

1. Flat Fee Advance Payment

Our Shanghai law firm charges a flat fee for most of the cases handled by the law firm, as other Chinese law firms are doing.

Whether your case is a divorce or other family law related mater, contract drafting, criminal matter, or the incorporation of a business, you’ll know where you stand with our firm since the charge for your case is a flat fee! 

Some cases are handled on a flat fee basis, where the client pays a set rate for an agreed-upon number of hours of attorney/staff time. Criminal cases are the most common cases where clients request a flat fee quote. For specifics, you will need to consult with an attorney.

Unlike many law firms that charge by the hour for each and every telephone call and other tasks performed on a case, our Shanghai lawyers charge a flat fee thereby enabling you to avoid the stressful “nickel and dime” feeling that you’d experience if you were charged by the hour for each task performed on your case.

This client friendly approach to your legal fees is designed to help you budget for your case and reduce the stress connected with your matter.

Our Shanghai lawyer is virtually certain that you’ll find a flat fee for your case to be extremely helpful and a benefit to you that many law firms do not provide.

13 February 2012 By In Divorce Lawyer

Shanghai family and divorce lawyer

This Shanghai lawyer blog shares insights on the legal fee matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

Find a good Shanghai divorce lawyer is first thing you need to do when you decide to divorce your spouse in Shanghai. Knowing how to find a good divorce lawyer – what qualities to look for – is the first of several steps to hiring a divorce lawyer. As you are probably well aware, finding a good divorce lawyer is essential to ensure you get the settlement you want, not a settlement that ruins your life.

Find A Lawyer Specializing in Divorce

d a lawyer who specializes in divorce, ideally within a law firm specializing in family law and divorce. A lawyer who specializes in divorce (and has done so for some time) will have a greater depth of experience and expertise than a lawyer who does not. This may seem obvious but there is a hidden danger. Unlike the medical profession, there are no rules and regulations governing when a lawyer may or may not call themselves as a “specialist.” They are not required in any way to substantiate that they are a specialist.

13 February 2012 By In Criminal Defense

Shanghai criminal defense lawyer

This Shanghai lawyer blog shares insights on criminal defense matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

One of the most important rights granted to citizens is the right to be represented in a criminal defense action by a criminal law attorney. Thus, if any of your friends of relatives are charged with criminal case in Shanghai, you are advised to hire our Shanghai criminal defense lawyer immediately. Criminal law attorneys are familiar with the laws of the state where they practice and provide defendants with the best possible defense to their charges. It is recommended when you contact a criminal defense firms, the firm has had experiences with the crime you are charged.

Look for the Right Criminal Defense Lawyer

Finding the right criminal defense lawyer is not an easy task. Not only are there a multitude of lawyers in your area to choose from, but certain lawyers will excel in areas where others may not. As such, it is important to review your options and contact several lawyers to see which one you feel most comfortable with and which you feel will be right for your particular situation. For example, if the suspect is a foreign national other than Chinese, you have to look for an English speaking criminal defense attorney. It is helpful to work with a lawyer who understands how to approach your particular case.

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