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China Litigation Lawyer

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.

 

 

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.

 

To be a good China litigator is not easy, but it's definitely rewarding.

To be a good China litigator, not only do you have to have a sound understanding of Chinese law, but you need to be able to apply your knowledge to the commercial realities of the situation and come up with a strategy, which you will then need to communicate clearly and effectively to clients. Good communication and drafting skills are also vital when working with counsels and witnesses to prepare your client’s case and when dealing with the other side.

An exciting and key role for the solicitor in litigation is to play the detective. To build your client’s case, you need to spot the strengths in your own evidence and the weaknesses in the other side’s case, often hidden amongst large quantities of documents. A forensic eye and attention to detail are therefore important attributes, as is the ability to step back from the detail and see the overall game plan.

Finally, being organised will help you to keep on top of your caseload as there are often a lot of elements of a case to juggle at the same time and you are likely to be handling a number of matters simultaneously, all with differing issues and deadlines.

To be a good China litigator is not easy, but it's definitely rewarding.

There is no such thing as a ‘typical day’ in litigation and in fact, it is the variety of the work that makes it such an attractive option. There is also plenty of scope to be given responsibility for aspects of a case, or even a whole matter, right from the start. In any one day you might be working on several different cases, all at varying stages of the litigation process. You might be attending court or a conference with counsel, meeting a client for the first time to discuss a new matter or a witness to go through their evidence; you might be reviewing documents to find a ‘smoking gun’ or drafting a settlement proposal to the other side.

 

China Alternative Dispute Resoluation Practice

Alternative dispute resolution (ADR) in China includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation.We are China dispute resolution lawyers, and our China attorneys are experts in ADR practice.

It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.

In the late 1980s and early 1990s, many people became increasingly concerned that the traditional method of resolving legal disputes in the United States, through conventional litigation, had become too expensive, too slow, and too cumbersome for many civil lawsuits (cases between private parties). This concern led to the growing use of ways other than litigation to resolve disputes. These other methods are commonly known collectively as alternative dispute resolution (ADR).

 

CIETAC South China Branch Now Turns Out To Be A New Entity

As a renowned China dispute resolution lawyer, we have been keeping a close eye on the development of disputes between CIETAC Shanghai and Shenzhen branches. Now an update for those who are concerned: Shenzhen branch has declared independence.

South China International Economic and Trade Arbitration Commission (also known as the Shenzhen Court of International Arbitration; previously known as the China International Economic and Trade Arbitration Commission South China Subcommission, the China International Economic and Trade Arbitration Commission Shenzhen Subcommission; hereinafter the “SCIA”) was established in 1983 in Shenzhen Special Economic Zone. It is an arbitration institution founded to resolve the contract disputes and other property rights disputes amongst individuals, legal entities and other institutions from domestic China and overseas.

SCIA is the nationally first Arbitration Institution established by legislation with its legal person governance model. According to Regulation on the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Special Economic Zone and Provisions on the Administration of Shenzhen Court of International Arbitration (for Trial Implementation), it adopts the advanced international commercial arbitration systems and implements the Council-centered management model with effective check-and-balance in Decision-making, implementation and supervision, to ensure the independence of the arbitration institution and arbitral tribunal.

 
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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.