You are here: Home Law Topics

China Lawyer Blog - We answer your questions

China Law and Its Development

A Successful Day in Court As A Divorce Litigation Lawyer in China

I must confess that it has been a while since I did a full civil bench trial. It's not good for a China litigation lawyer, especially when I often boast that I am experienced!  I thought the one scheduled this afternoon should settle for a specific dollar.  When it didn't O/C and I rather quickly it pulled together for a brief trial (two hours), which ended up in settlement for exactly what I predicted - along with a stipulation for my client that resulted in no issuance of a judgment.

The judge was fairly new, but complimented both of us old war horses for presenting a calm, precise, well represented case.  So both clients were pretty happy at the end of the day.


Assets division in divorce cases in China

When I handle divorce cases in China, I often see parties play tricks or tactics when facing assets division.

I'm representing someone in a divorce case whose spouse was moving money around between pre-existing and newly opened accounts in a complicated fashion, to say the least. One of the arrangements (according to said spouse at a settlement conference) is that he receives money via a check from his sister, deposits it into an account in his sole name that he considers a "trust" account, and then writes a check to his aunt's nursing home.

On occasion he has made errors and written the nursing home payment out of the parties joint account but then reimbursed the joint account from the "trust" account. That part appears to check out but is only a small amount of the total. He has not provided proof of invoices as to the amount paid and the nursing home is requiring a re-issued subpoena.


Some Thoughts On China Law Office And Legal Assistant Hiring

China law office hiring or Legal hiring new support legal staff is always a leap of faith, and it can take some time to find out whether someone is the correct "fit" or whether it's time to move on.  Before you start the interview process, take some time to figure out what's really important for YOU in YOUR law office, not what the experts tell you to look for.  Generic interview questions won't give you the information you need.  Of course you want someone who's intelligent, who can file correctly, who shows up when scheduled.  But there are skills and tasks that are going to drive you crazy if they're not done to your specifications.  Figure out what these things are, and find the person who either has these skills or  is trainable (and make sure you have the time/patience to train them).

After legal hiring your legal assistant, it's a good idea to give performance feedback on a regular basis.  I uploaded a Performance Evaluation to my docs online a couple of years ago.  Change it as necessary to suit the needs of your particular law office. I usually recommend legal hiring on a 60 or 90 day trial period.  This gives you both time to evaluate the situation and decide whether it's going to work, and gives you a smoother "out" if it's not working.  At the end of the trial period, sit down with the new hire and review the form together.  BE BRUTALLY HONEST ABOUT YOUR EXPECTATIONS. 


An employment dispute more difficult than wrongful dismissal or several pay

This is one of my numerous employment law cases representing an employer in China. This case is more difficult than other employment disputes I handled, such as the wrongful dismissal or several pay cases.

My friend (let's call her "FRIEND") owns a tax preparation service  ("ABC Tax Services"). FRIEND's former employee (let's call her "FORMER EMPLOYEE") filed a false lawsuit against FRIEND in federal court.

Also named as a defendant is what we assume is intended to be her company but the plaintiff got the name wrong (let's say "ABC Tax Shinola").  The caption looks something like this:



What happens when a trademark conflicts with a website in China

Client has asked me to trade mark Brand X for use on a web site. There are no competing marks on the CNPTO but somebody already has a website up called Brand Xing (the same name as my client with an "ing" on the end). As an experienced China intellectual property lawyer, we often face such tough issues that unspecified by law.

They provide exactly the same service.

My client's mark is not in the stream of commerce. The competitor's is in the stream of commerce. In other words, the competitor is already using it.
We haven't used it yet.

If I get our trademark registered, does that mean we can force the competitor to stop using it even though he was using it first?

Page 8 of 36
  • Goal

  • Fees

The law blog is running by a China lawyer working for a full-service law firm, offering practical, results-driven advice on employment law, divorce, company law, and other legal issues. Our goal is to manage these issues effectively so that our clients can focus on what they could do best.

China Lawyer Blog will charge you under your specific circumstances in the following styles:
(1) Hourly fee arrangements
(2) Contingency fee arrangements
(3) Flat fee arrangements
(4) Percentage fee arrangements

Learn More...


China Lawyer Blog China Lawyer Society

China Lawyer

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

Latest Comments


China law society award

Style of Service

This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

You are welcomed to ask for a quotation pursuant to your specific circumstance.

About author

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.