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Find A Professional Lawyer When You Are In Trouble - Even You Are Lawyer Yourself

My fellow lawyer approached me today and shared a story.


Casual acquaintance of mine bought some meat & cooked it.  The next night she and her son were eating the left overs when she bit down a piece of metal in the chicken.  The piece was small - smaller than a fingernail. Her tooth was chipped and she had to make an emergency dental appt. In her naivete, she contacted well known chicken company.  The  "really nice guy" has been very helpful and sweet.  She sent him the piece of metal per his request. She also gave several statements and answered all questions.  He was very nice. He sent her a letter and told her that they ran it through their metal detector and it triggered the alarm.  IE, Ergo, Therefore, it would have triggered the alarm before it left the hen house and ie, ergo, therefore, the metal must have come from her house especially since she was eating leftovers.

 

Res Judicta and Claim Preclusion Under Chinese Law

I received an inquiry from a fellow litigation lawyer here in Shenzhen. A case arising out of a Guangdong was dismissed in district court for failure to state a claim and the decision was upheld on appeal. I am looking into whether there is any avenue possible to file a complaint in a Guangdong court. Any input or ideas?  There may be claims that weren't included in the original complaint.

In my view, I would ask that was the decision dismissed with or without prejudice?  Usually (and it can vary by local rule) if it does not state WITH prejudice it is assumed without and thus no Res Judicta.

 

Another Story About Lawyer Client Relationship Story in China

When a potential client starts with an attitude that implies that he thinks your work really isn't worth what you are charging for it, as if he could just do it himself and not hire a lawyer, then this raises a huge red flag for me that this will be a problem client who will never be satisfied and whom I will have to chase for payment. Also, trying to talk me down from a reasonable retainer is another red flag. I would decline the representation. This is the lesson I learned from another occasions I dealt with clients...

I'm talking with the client this afternoon, but let me set the stage.  I am asked, without full knowledge of the issues, for an estimate of the cost to do a number of infringement opinions.  I do so, and emphasize that it is, indeed, just an estimate, and based upon incomplete knowledge of the scope of the effort.  (I have only skimmed the claims to see how many there are and of what type.)

I next send along an engagement letter and ask for a retainer to cover slightly more than half of the estimated costs.  Client writes back and says your approach looks sound, go ahead.

Based upon the client's OK, and realizing that time is of the essence, I begin phase one of a two-phased evaluation.  After putting in about five hours in the first phase, I decide to suspend work until I can at least talk with the client.  On Friday afternoon, I finally get a chance to talk with the client and we review my issues.

 

Stories About How I Deal With My Clients

Rolling three posts into one ball o'wax:

I'm talking with the client this afternoon ... I am asked, without full knowledge of the issues, for an estimate of the cost to do a number of infringement opinions.  I do so, and emphasize that it is, indeed, just an estimate, and based upon incomplete knowledge of the scope of the effort.

I next send along an engagement letter and ask for a retainer to cover slightly more than half of the estimated costs.  Client writes back and says your approach looks sound, go ahead.

At which point, I write back and say, "I appreciate that time is of the essence.  I anticipate X hours of review, which is necessary to fully understand the scope and details of your matter before I even stick my foot into this tar baby (see Uncle Remus, children).  I'm ready to proceed.  Send the retainer as detailed in paragraph Whatever, along with the signed service agreement.  If/when the potential not-yet-a client says, 'gee, that sounds like a lot," I explain . . .

he's welcome to do that and then I pause.

 

A Question About Real Property From A Friend And My Answer

I talked with a client recently and he raised a question to me. He said, you are a lawyer, and if have no good idea over this, never do I. With his permission in advance, I am putting the case here for you to have a look.

Here is the story.

A few years back, my father divided and deeded his property to his children retaining a Life Estate in each parcel.  My brother built a fence on the property deeded to him which encroaches on the property that my folks currently reside on by a few feet.  My father pointed this out while the fence was being built.  However, my brother continued to build it.

My understanding is that legally, my father has possession of all the parcels by virtue of the life estate retained.  So, he could just remove the encroachment if my brother refuses to.  However, he wants to keep the peace.

 
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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.