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Three tips to find the right China lawyer representing your case

You do not want to have to learn how to find a good China lawyer after you are the subject of a lawsuit. Even if you're the one bringing the case rather than defending it, learning how to find a good lawyer increases your odds of winning at trial and saves you money. Here are a few tips to help you with your search for a competent China attorney.

First: It is not what you know; it is who you know

Trustworthy people usually recommend a more trustworthy China lawyer. With that in mind, ask the people you trust most for a recommendation. Friends, family, and colleagues all make good initial prospects for getting a solid recommendation.

Second: Contact your state licensing authority and Bar Association

If the Bar Association does not have any good leads, maybe Uncle Sam does. Government licensing bodies usually help you determine whether a given lawyer has a disciplinary history or any negative action taken against him or her. Your local Bar Association also helps you determine whether a given attorney's specialty meshes with the type of case you have and whether he or she is board certified.

Third: No substitute for face time

Once you narrow down your list of possibilities to a few China lawyers, set up face-to-face consultations with each. After an hour with each candidate, you have a better idea which of them meshes better with your personality and goals. In large firms, make sure the lawyer you meet is the one that actually works on your case. Finally, watch out for shady practices. If a lawyer does not put his or her fees in writing, that is a red flag.

 

How do you find a good lawyer in China

There are a few things you need to be aware of when you are looking for an appropriate order to help you deal with your legal problem in China. Lawyers often have specialities, like any other profession and if you can find a China lawyer who has experienced in the type of matter that you were dealing with the likelihood that you will get a good service is much higher than if you simply use a lawyer in a general sense.

Some of the specialities of lawyers can include topic areas such as property law which is usually attributed to lawyers and experts in conveyancing or transfer of property whether at a residential level, at a commercial level, of industrial property, of strata property, of units, of houses or of any other type of property which has a specific set of regulations and rules and processes around the transactions or this type of property.

Another speciality, for example, is criminal law and lawyers who specialise in criminal law will usually only deal with criminal cases and mostly on the defence side of criminal cases because government lawyers generally conduct prosecutions. Another type of speciality is taxation law, because the taxation law is extremely complicated and requires a highly specialised lawyer to accurately interpret and understand the taxation system and the rules and regulations which surround it.

Yet another specialty is family will, lawyers with the speciality only deal with a law-related family which may involve filing divorce papers, conducting divorce settlements, drafting binding financial agreements and advising clients on the implications and effect, seeking parenting orders from the family Court of Australia and any other tasks which are related to China family law. The scope and breadth of all the specialities means it is very difficult for one individual to have all the knowledge which relates to a particular area let alone be copied in a number of areas. For this reason it is often necessary to seek out the advice of a China law specialist in a particular area.

Some of the questions you should always raise with a lawyer include whether or not they have the appropriate expertise to conduct your matter, if they can give you an estimate of costs, how much money they would expect upfront to begin working on the matter, and what the expected outcome of the matter is.  
The issues of competency and costs dominate all of the disputes which lawyers and clients get into when the lawyer client relationship becomes sour.  So if you can screen out these problems before they occur it is always to your advantage.  If you would like to speak with one of our lawyers, we have lawyers available online to chat with you or you can post your legal query to the contact form to the right, or you can post your question to a lawyer in question box below. We would be more than happy to hear from you and our China lawyers truly value their relationships with clients, we pride ourselves on this trait in our lawyers.

 

What to consider when selecting between China lawyer handling seocial security

Now that you have a list of possible China lawyers, you need to make a final selection. I have these suggestions. These are general rules, almost all of which have exceptions, except I guess the first two:

• Be careful when choosing a China lawyer you have never been able to work with.

• Talk to several lawyers before hiring one.

• Ask questions, and look around the office. Does it seem like a well run machine, or are people wandering around looking lost? Are people pleasant to you and to each other? Are they working hard, or chatting?

• Experience is important. I would want a lawyer with at least, say, 5 year’s experience as a Social Security lawyer.

• The lawyer should emphasize Social Security. I would want a lawyer whose practice was 70% or more Social Security law.

• Be sure you can get your lawyer by the throat. Be sure you can get the lawyer on the phone if you need to, in a couple of days if there is no emergency, and right away if there is. But if you think about it you will decide you want a lawyer who is busy. If there were two restaurants side by side, would you want to eat at the one with lots of cars in the parking lot, or the one with the empty lot?

• Talk to the staff. Ask who besides the China lawyer will be helping you. Meet that person, and size that person up. Make sure that the lawyer you are talking to is the one with the experience, and the one who will handle your case.

 

How to find a good China lawyer handling estate planning

Most people seem to be somewhat uncomfortable with the idea of seeing a China lawyer.  First, the task of finding one you like can seem daunting.  But even if you find a lawyer you like, it can be difficult to determine whether the lawyer is actually doing a good job.  The average person has little to go on by way of comparison of a lawyer’s work against any sort of standard.  After all, one cannot go around looking at other people’s wills or trusts to see if they stack up against the will or trust your lawyer is drawing up for your elder loved one, or for you.  So, how does one begin to look for a qualified China lawyer?

Communication

Unfortunately, law schools do not teach communication skills as a part of the standard curriculum.  One does not need to be good at "people skills" to pass the China bar examination.  A qualified lawyer can be very good at the technical aspects of legal work and terrible at relating to people.  By way of analogy, some physicians are really great technically, but have no "bedside manner".  Having practiced as a lawyer for the past twenty-nine years, dealing with hundreds of individuals, my perspective is that the client deserves certain basics if he/she is willing to pay an attorney for time, work, or legal representation.  One essential is that the prospective client deserves a chance to briefly meet with or at least, talk to the attorney without being charged for the attorney’s time, to simply see if it feels like a good fit.  There is no law which grants any consumer this right.  Rather, it is simply courtesy.  My perspective, which may not be shared by lawyer colleagues everywhere, is that if someone who doesn’t know me is willing to trust me enough to pay for my time, that person has a right to meet me and ask questions before writing a check. So, I recommend that you contact the lawyer you are considering asking for assistance, and interview the lawyer briefly.  If you like the tone and type of answers you get, go forward.  If you are put off by an abrupt manner, the lawyer seems to be in a hurry, or you are not comfortable with anything about the China lawyer, keep looking.

 

China anti commercial bribery system and lessons learned from GSK scandal

China anti commercial bribery system

China does not have specific anti-commercial bribery laws dealing with domestic business corruption and bribery. Instead, this is provided for under the PRC Anti-Unfair Competition Law (“AUCL”) and PRC Criminal Law, which applies to all Chinese citizens and any persons within China. Both laws also apply to all companies and institutions organized under China’s laws, which include Chinese domestic companies, Sino-foreign joint ventures, wholly foreign-owned enterprises, representative offices and even foreign companies doing unincorporated business in China.

The AUCL prohibits business operators from “giving bribes in the form of property or other means for the purpose of selling or purchasing products.” The PRC Criminal Law, however, criminalizes the act of “giving money or property to any employee of a company or enterprise or other entity for the purpose of seeking illegitimate benefits.” If an entity commits such a crime, it shall be fined, whilst a person who is directly in charge and other persons who are directly responsible for the crime could be sentenced to imprisonment or detention. The PRC Criminal Law also has specific provisions governing governs against bribery to government-related officials.

 
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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.