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An example of China lawyer - judge relationship

China lawyer - judge relationship has never been well.

I think what I find most disturbing about this is the judge just not giving a shit what goes on in her courtroom.  I mean, the bailiff doesn't even try to justify his arrest with something like, "Oh we found drugs on you during my random drug search."  No, he is pretty much encouraged by the other guy (the one in yellow) for "making a false allegation against a police officer."  I'm glad she had the guts to step up to the microphone and repeat her protests after making the bailiffs believe she was going to cooperate with their forced recantation.

I would make a motion to substitute counsel (if the old attorney is also refusing to withdraw).  With it I would include an affidavit from the client saying they discharged the old attorney on x date and notified the attorney of the discharge.  Then in your motion state you were hired on x date, that attorney has refused to sign the substitution of counsel, that the attorney has refused to withdraw from the case, the client has the right to choose their own attorney and you request the court to remove the previous attorney as attorney of record and enter in your appearance as the current attorney of record.

In our old courts, all we needed was the previous attorney to motion to withdraw (if they wouldn't do a substitute) and it would automatically be granted with a filing of an appearance by another attorney.

I have seen it happen and usually the judge wants a full accounting of where the money went or otherwise makes the inference it was to hide the money from the other spouse for the divorce.

And yes, if they don't cough up the money (they could be ordered to turn it over including making up any amount deducted for taxes and paying all the taxes on it) a judge will usually order alternative compensation for the injured spouse.

In China we could ask the court to order the money be placed as bond with the court.

And I have been on both sides, getting and giving the accounting (though in my case, my client only took half the money out of the savings account as she had almost no income and needed money for attorney fees, security deposit etc so we were perfectly in the clear even though the spouse had a fit.

Think of it sort of like if you take out something on credit knowing your going to be declaring bankruptcy next week.  It's a no no.

Here, I would do discovering that developed when she hired her attorney, when she met with the attorney, when she signed the divorce papers, when the money disappeared and when it was filed.

Even more so since China is a community property state.  The above all goes to intent and motive.  Or in other words, she took the money in contemplation of getting around the divorce rules thinking that if it's not there they can't get to it.

3 wrongs makes a right, his arrest of her was just because the other 2 in the court room didn't try to stop him.

Really is that the standard for arrests today.  Not that there was no law broken, no probably cause, or the fact that the arrest was retaliation for her complaining about your own wrongful conduct, but whether or not anyone tried to stop you from arresting them.

Depends on if the other party is represented or not. If represented, it is more likely to settle (depending on the attitude of the opposing counsel, etc.).   Self represented litigants are very hard to settle with. They just don't know what they can get in court and what they can't. I have seen a pro se tell a judge what they wanted in terms of visitation, the judge saying they would not order that due to the age of the child and ot suggest someone else.   The pro se still insisted on his schedule so we had a hearing.  Guess what? He didn't get his schedule.

 

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