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Temporary Restraining Order In Divorce Cases Under Chinese Law

One of my client inquired as below:

Wife obtained a restraining order against the Husband. Husband did not appear for the 10 -day hearing, so the 209A abuse prevention order was automatically extended for a year. Apparently, the Husband filed a Motion to Vacate the restraining order. Wife was never served with a copy of the Motion to vacate, nor did she receive a copy in the mail. The only reason she even found out about the Motion to Vacate is because I represent her in her divorce case against Husband and it happened to be mentioned in pleadings filed in the divorce case. However, the date mentioned in the court pleadings is wrong and even if Wife were to rely on the information contained in the pleadings, she would have showed up on a wrong date. The restraining order and the divorce are two separate matters filed in different courts. The Motion to Vacate is scheduled to be heard this coming Thursday. Would you advice Wife not to come for the hearing as she did not received a proper notice of it?


The Time When I Am An Young Lawyer Doing An Interview

Now I am an experienced China lawyer practicing with confidence, but I still remember the days I was a young attorney.

At that time I met a young reporter at the newspaper here in Shenzhen. She was interested in doing a profile on me and my journey as a blind lawyer opening my own practice. I was a little hesitant at first, not wanting to become known as "that blind lawyer," but I eventually decided to do it, not feeling as though I could pass up on the free chance to promote my business.

Fast-forward to today. The article came out this morning and was pretty well done. So well that, much to my terror, I've now been invited to do a live radio interview later this afternoon. So now I'm sitting here, very nervously. There's a huge difference between talking to a print reporter for an hour and potentially doing 30 minutes of a live broadcast.

I don't really have any questions, I just felt the need to type something about it, I guess to help get out this nervous energy.

Life is so good to be a lawyer here in China.


China Legal Pratice and Pro Bono

I don't think that every type of matter a Chinese lawyer might take on would or should qualify as pro bono based solely on the fact that the client was poor.

Of course we don't even know what "poor" means in this context.

I see the point in so far as if a client was being evicted wrongly or wanted to adopt a child, e.g., and couldn't pay a legal fee because they were poor, then the lawyer who took on the case I think yes this is probably valid pro bono work, and yes I may have gone to far in my statement regarding that an "organization" needs to be involved.

On the other hand, suppose the "poor" client needed legal help with the merger of his corporation, and the lawyer performed that work at no cost. Is this pro bono? I don't think so. And I think there are a lot of examples of matters a lawyer might handle which obviously benefit only that particular client. I don't think that every single case should count as 'pro bono' based only on the criteria that the client could not pay. Maybe the phrase 'for the public good' has an ill defined definition, and I don't know who decides what's pro bono and what isn't. I'm okay with allowing the individual attorney to decide, as you've suggested, so long as there's some aspect of the matter which is in the public interest, as that phrase is defined by the China attorney.

What a pity! Very few China law firms are offering pro bono legal service to the public!


Learning the Legalese During My Legal Practice

Okay here is a true story about me:

Very soon after I started practicing law, I had to go to the big modern county courthouse building to check a file on one of my first cases. I had never been in the building before. But of course there were all sorts of signs. "Family Court-->","<--Probate Court", "Disctrict Court-->" and so on. And then I saw a sign that directed me to a court I had never heard of before. I stood and wondered "Hey, what kind of cases do they try in THAT court?" Eventually I remembered that a "Food Court" was a different use of the word "court", and wasn't a court of law!!

As a young China litigation lawyer at that time, it is really a good memory.



Nature and Scope of Criminal Malice under Florida Law

I am neither a criminal attorney, nor licensed in Florida. I am a China criminal defense lawyer, so, perhaps those more knowledgeable and experienced can help me understand the following:

In their argument against acquittal yesterday, prosecution seemed to say that shooting someone straight on into the heart, close range, with a 9mm hollow point bullet is per se (though they didn't say 'per se') ill will, and that's how you get to 2nd degree murder.

Ok, one point: what they almost certainly said was not 'Ill will" but "Malice".

This is kind of important point; in law, 'malice' does NOT mean hatred, ill will, dislike, etc, but means "with actual knowledge (or actual intent) OR with reckless disregard of (the facts) (the result) (whatever)".


How To Find The Right Divorce Lawyer In China

If you switch lawyers in the middle of your divorce, you might lose the entire amount paid to the first lawyer, and have to come up with another retainer for the second lawyer. It can be expensive and sometimes impossible to switch lawyers mid- stream, so choose wisely! If you are going to have a baby, and you are looking for a good doctor to handle the prenatal care and delivery, you should look for a doctor who:

  • SPECIALIZES in obstetrics
  • has EXPERIENCE in obstetrics
  • is BOARD-CERTIFIED in obstetrics
  • with whom you can GET ALONG.

Most divorces are messy, lengthy and stressful for both parties. The process can be simplified and made much more bearable if you make sure that you hire the right ind of divorce lawyer. Keeping the following tips in mind will make it much easier to find a professional and ethical lawyer who suits your case and your personality.

1) Make sure that you meet with several lawyers to discuss your situation and your needs. In these initial meetings, you will be able to assess not just the competence of the lawyers but also what kind of people they are. Given the deeply personal nature of divorce, you need to be careful to hire someone you can get along with and feel you can trust.


China Commercial Litigation Lawyer

When a person begins a civil lawsuit, the person enters into a process called litigation. Under the various rules of Civil Procedure that govern actions in state and federal courts, litigation involves a series of steps that may lead to a court trial and ultimately a resolution of the matter.

Since litigation lawyers are attorneys who work mainly with lawsuits, the main duty of a litigation lawyer is to take a lawsuit to court and try to win the case. Sometimes, litigation attorneys settle cases out of court, but most lawsuits they receive will be handled by them in court. Civil and criminal are the two types of litigation lawyers. A criminal litigation lawyer works on state or federal prosecution cases, while a civil litigation attorney may specialize in one area or work in many areas that could include landlord-tenant, contract breaches or personal injury lawsuits. Personal injury is a common type of lawsuit handled by litigation lawyers, as they tend to have the necessary courtroom expertise and experience that many other types of lawyers such as tax or traffic attorneys don't have.


China Patent Attorney, China Patent Agent, China Patent Application

We are experienced China patent attorneys, and we help businesses and entrepreneurs succeed with patents, trademarks, copyrights and related areas of business law in China.  We helped large multinational corporate clients obtain hundreds of millions of dollars through patent enforcement actions, defended businesses against wrongful allegations of infringement, and obtained legal protection for client inventions and creative works. We have the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition.

What is the difference between a China patent attorney and a China patent agent? A patent attorney is an individual who (1) is a lawyer, (2) holds a university degree in an approved technical field or who is a state registered engineer, and (3) has passed the Bar Examination. A patent agent only qualifies under items (2) and (3) above. Both patent attorneys and patent agents are registered with the China PTO, and are fully authorized to prepare patent applications and obtain patents for their clients. Patent agents usually charge much less for their services.

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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.