Shanghai Civil Litigation Lawyer

As Shanghai litigation lawyer, we would like to introduct some aspects of civil lawsuits and appeals knowledge. If you need advice about your civil lawsuit or are looking for information about the civil litigation process, look here for articles, answers and resources on topics relating to civil lawsuits: civil procedure, subpoenas, damages, alternative dispute resolution, and more.

Civil lawsuits are claims in which one person, company or entity sues another. There are a few fundamental differences between civil and criminal law. First, civil lawsuits are not brought by a prosecutor, district attorney or agent of the state, but instead are brought by a regular person or individual representing an entity (like a corporation) who believes he or she was wronged. Second, the penalties sought in civil lawsuits are generally limited to monetary penalties, as opposed to criminal cases that can lead to jail time for the defendant. There are special rules of court procedure associated with civil lawsuits that dictate how such cases will progress as well as what evidence is admissible and what must be proven for a plaintiff or a defendant to win. To learn more about the process of litigation and civil lawsuits, visit the links to articles and frequently asked questions on this page.


Shanghai Mediation

Mediation is a popular form of alternative dispute resolution. If you are considering using mediation to resolve your legal matter, look here for free and reliable advice regarding the mediation process, how to choose a mediator, what happens when a court orders you to use a mediator, and more.

When two parties are involved in a legal dispute, there may be times when a more amicable—and less expensive—alternative to litigation is possible. The area of law known as alternative dispute resolution (ADR) helps parties settle differences and come to agreements without having to bring the issue to court. Mediation can be either court-ordered or the parties involved can reach a mutual decision to use mediation. A mediator simply assists the disputing parties in working out a resolution through open communication; and at any point during mediation either party can stop the process. Unlike other forms of ADR, a mediator does not issue a binding decision. Instead, the mediator merely acts as a facilitator to help the parties reach a resolution on their own. To learn more about the mediation process and when it might be a good option for your dispute, refer to the articles and the frequently asked questions using the links on this page. 

It is possible for a Shanghai lawyer representing a disputant to serve as a mediator, but it is not recommended. A lawyer has an ethical obligation to represent his client vigorously. He or she cannot represent both disputants. If one of the lawyers tries to mediate, even with the consent of both parties, it's not likely that the other side will be entirely unbiased.

If the mediation does not result in settlement, there may be a lawsuit or the continuation of a lawsuit. In that case, the lawyer also acting as the mediator cannot simply forget everything that was said during the mediation, and thus, one side would be disadvantaged. Even where matters are amicably "settled," one side or the other often feels that there was a disadvantage because a lawyer for one party served as mediator.

Shanghai Litigation Lawyer

Litigation refers to the process of carrying out a lawsuit. Our Shanghai litigation lawyer is experienced in commercial litigation and arbitration. Trial attorneys who represent clients in lawsuits are sometimes referred to as litigators, while parties themselves are referred to as litigants. The plaintiff in a lawsuit, who is the party that brings the claim against a defendant, generally begins a lawsuit by alleging that he or she has suffered a financial or other type of harm as a result of the defendant's actions. Litigation is a very complex process in which specific rules outlined in laws of state or federal rules of civil procedure must be strictly adhered to. In addition, particular courts usually have their own rules to guide the litigation process. Litigation can become even more complicated if multiple plaintiffs or multiple defendants are involved, or if the parties involved in the litigation don't live in the same state.
The stages of a lawsuit are pleading, pretrial discovery, trial, entry of judgment, appeals, and enforcement. In the pleading stage of litigation, the parties submit their initial legal arguments for the judge’s review. The plaintiff uses a summons and complaint, and the defendant has a certain amount of time to respond to the complaint. Once the details of the lawsuit have been worked out, depending on whether the case was filed in federal or state court, the discovery process begins. During discovery, the parties collect evidence relevant to their claim or defense from each other. If the defendant has financial records relevant to the plaintiff’s claim, for instance, the defendant may be required by law to disclose those records to the plaintiff through discovery. During trial, the attorneys present their case to a jury, who must reach a majority decision reflecting which party has proved their case by a preponderance of the evidence. The trial judge will then enter a judgment, which the losing party may seek to appeal. If the appeal fails, the prevailing party may then enforce the judgment. Each state has highly unique rules regarding enforcement. Among the more common methods of enforcement include a judgment lien against real property, sheriff attachment of bank assets, or a judicial order to garnish wages. Be sure to check your local rules regarding enforcement of judgments.
Litigation usually continues only if alternative dispute resolution (ADR) has failed. Litigation is extremely expensive and time-consuming, so for most would-be litigants, one of the ADR approaches is usually preferable. For instance, a judge may schedule a series of meetings with the opposing attorneys in an effort to reach a settlement prior to trial. This is known as a judicially supervised settlement conference. Other forms of ADR include arbitration, in which an arbitrator hears both sides and then renders a binding decision, and mediation, in which a mediator encourages the two parties to reach a mutual agreement to settle their dispute without proceeding to trial. In most states, more than 90% of lawsuits are settled before trial, even if litigation has already begun.

How to find a good divorce lawyer in Shanghai

Shanghai divorce lawyer

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.
A life ruined by a poor choice of divorce lawyer is a real possibility. Many people who did not seek advice on how to find a good divorce lawyer but trusted advertisements and word of mouth, have found this out to their cost.


Shanghai Lawyer Blog - How We Work

If you have ANY questions regarding to Shanghai legal service, Shanghai law or Shanghai business, whatever, send an email to us, and you will receive a reply in one business day. Professional, promptness, commitment and efficiency are our standards of service.

Our Shanghai lawyer has adopted presenting the rapidest and most satisfactory solutions in accordance with the self-esteem and self-respect of the profession by focusing on the needs of its clients as a principle.

Within this scope, our working policy, which aims to have the profession of attorneyship own the public service quality and secret keeping liability and solve every kind of legal issues and conflicts in accordance with justice and equity, has been determined in direction of the general principles of Attorneyship Law.

Necessary legal procedure is operated according to the situation of the concrete event as a result of negotiations and meetings held with real and legal persons who are clients and possible clients in our Law Office together with our counselor attorneys. At this phase, conciliation is preferred if there is a possibility of settling conflicts through peace and action is immediately followed for cases at the stage of suit in order not to suffer from losing rights.

Evaluation of the incoming files is entrusted to the related attorney according to expertise field after holding in-office meetings. The rapidest solution is followed by our related attorneys through contacting also with the clients, when necessary. Our attorneys carry out file procedures through informing the clients during whole process from the start of the work.

Our Shanghai attorney determines the attorneyship fee by taking into consideration the characteristic of the work, advisory price list of Antalya Bar and general principles of the profession of attorneyship. Within this scope, it can present the opportunity to pay the counseling fee monthly or annually through executing an attorneyship fee contract in relations especially with the legal persons. Counseling or legal service fee to be calculated per hour according to the subject of legal assistance can also be determined.

A certain part of the counsel fee to be determined according to the subject of the suit is demanded at the beginning of the work and the remaining fee is taken according to the progress and result of the suit on condition that an agreement is reached before for independent suits which are not in form of continuous counseling.

Work starts according to the agreement to be made on the rate to be determined according to the original claim with the client and on condition that expenses are met by the client regarding files of which subject requires execution proceedings. If files are completed and a positive result is gained, the counsel fee is determined according to a certain percentage which is agreed before.

In settlements at international level, time loss and extra expenses can be avoided through creating on-time and first-hand intervention opportunity for problems with the participation of our partner offices abroad.

Furthermore, we aim to provide services of highest quality for our clients thanks to our cooperation with expert financial counselors, academicians and translation offices that are experts in their fields in necessary situations.

We dedicate ourselves to finding innovative, practical solutions to our clients’ legal problems.
We understand that clients wish to minimize their involvement with the legal system. Because of this, we work in partnership with our clients to avoid legal obstacles, and to handle legal problems in an efficient, professional manner when they do occur.
We believe in building relationships with clients based on sincerity, trust, openness, and a dedication to maintaining the highest levels of client service and confidence. The character of these relationships is what makes us unlike other law firms.

Get into touch

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