As a criminal defense lawyer, I often provide consultation on China criminal law rules. I received a consultation on a questions about self-defense. Let's say that Person A has a gun and pursues Person B. Person B gets away and Person turns around. Has Person A done enough to break off the pursuit? Person B comes out and beats up Person A. Who is the aggressor now? What I am wondering is at what point does the aggressor become the victim so that self-defense is a valid response?

Below is my answer to above questions.

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.

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.

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.