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A Single China Lawyer Represent Client in Both Trial and Apeal Court

A question that arises in appellate law practice is whether a trial lawyer should also handle the appeal of a case. This is a complicated issue that deserves more than the simplistic answer it is usually given, and really depends on both the appellate experience of the attorney as well as the specific situation involved in the case.

There are some situations where it is perfectly natural for trial counsel to press on with handling the appeal, especially if the trial lawyer is experienced in handling appellate cases. In other situations, the start of the appellate process is the time for trial counsel to step aside and let a different attorney look at the case from a new perspective. This is sometimes referred to as letting another lawyer look at the case “with a fresh set of eyes.”
There have been a few occasions when appellate courts have commented on the issue of whether trial lawyers should do their own appeals. Most of those court opinions have recognized the specialized nature of appellate work, and have indicated that appellate argument is best left to those who do it as their primary law practice. A couple of particularly interesting comments from appellate courts are shared below. While the cases are not from Beijing, the comments directly address the issue of whether a trial lawyer should also be the attorney for the appeal.

Actually, we see no disadvantage for a trial lawyer represent the same client in the appeal procedure. As China litigation lawyer, we frequently appear in Shanghai, Beijing, Tianjin, Xian, Wuhan, Hangzhou, Suzhou, Wuxi court, both as trial lawyer and appeal lawyer.

 
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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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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.