consulting

To brief your case or requirements and I will respond it timely

present position: - Nonlitigation - Private Counsel

James Ling with his team place the greatest emphasis on the quality of their legal services, while remaining focused on the most appropriate solutions to clients' individual private problems. We attach great value to personalised, one-on-one client service as well as to continuity by establishing teams tailor-made to foreign clients as required.


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Foreign-related private legal advisory services - a symbol of your status as foreigner in China!

   Living, working in China you may encounter many legal problems, especially living in a country with a completely different language and culture. If you have a private legal counsel in China to help you identify the risks and prevent them in advance, you can avoid economic losses, save time, free of trouble and worry. If you wait until a dispute arises, then you may have a large economic loss due to various restrictions of language barrier, transaction procedures, and evidence furnish. If you have a lawyer friend around you daily routinely putting forward involved legal opinions when you make large purchases (such as buying a house) or project investment, to initiate the precautionary details, and when you do business with others, you will avoid falling into the trap. Long-term litigation entanglement! To this end, pay a small amount of lawyers' fees (this fee is often much smaller than the litigation costs and attorneys' fees). "With the help of the law, you can help you to control your life, career, and risk in China before it occurrence" is the purpose of a private-retained Chinese counsel to serve you!


For ordinary foreigners who work and live in China, when it comes to legal issues such as marriage and family, property splits, housing sales, inheritance, large amount of debts, labor disputes, etc., don't rely on layman friends around you to do things. Maybe at this time, you can call an English-Chinese speaking lawyer who can give you professional instruction. May just an inquiry call or an email can avoid future disputes and litigation and troubles.


For those small and medium-sized business owners, professional managers, business executives, and other social organizations with more economic and legal affairs who often have more economic and trade contacts with Chinese business partners, it is even more necessary for private legal counsel to make suggestions too much. For example, if you cooperate with others to invest or partner, you can ask a lawyer to participate in the negotiation, draft a cooperation agreement, and protect your legal rights to the maximum extent; do business with unfamiliar Chinese companies or Chinese citizens, and entrust your personal retained Chinese attorney to investigate the authenticity and credibility of the business counter party, from the very beginning of the transaction process, to do a good job in legal risk prevention, to pay attention to collecting evidence. Lawyers as professional legal persons have extensive litigation experience and have sophisticated experience in obtaining, collecting and risk control of key evidence for winning a case. If preemptive to engage a local Chinese lawyer as your private legal counsel in early intervention in economic issues , can not only save a lot of time and energy, and the most important thing is to collect and save the evidence that is beneficial to you in the process in time, and The important thing is to collect and preserve evidence in time for you in the process, to be prepared in advance for future disputes in the negotiation, mediation and litigation necessary to keep you in a proactive position.


Moreover, what is more important is that Chinese peoples generally attach importance to "create wealth by harmonization". In addition, the current domestic judicial system is still not perfect, and judicial corruption has occurred from time to time. Therefore, it is not necessary to bring disputes to court for the first time. Both sides may try to avoid litigation, which is a way to harm the feelings and relationships of the two sides, and use negotiation and mediation as the first choice to resolve disputes. However, it is very difficult to reach a mediation agreement only by both parties. First, disputes are often due to the misunderstanding of the culture and legal concepts of both parties. Second, disputes often lead to conflicts between the two sides. In the state of emotional opposition, mediation is not alleviated.  Therefore, at this time, if there is an independent third party to intervene in mediation, it can often have a special effect. In practice, lawyer can often play an important role in the mediation process of various civil and commercial disputes in China.


First, lawyer is familiar with the litigation procedure, and can predict the litigation outcome of the dispute so as to inform the parties of the risk in a timely manner. It can be recognized for legitimate interests of both parties. If the benefit that is difficult to obtain reasonable ground for legal support, the two parties can negotiate to give up, thus avoiding unnecessary litigation.


 Secondly, the lawyer can propose a dispute resolution within the scope of the referred the PRC laws for your reference, so that the mediation of both parties has a basic bottom line of mentality. Finally, the lawyer can participate in the mediation and promptly reach the mediation of written agreement, meeting minutes, and which has legal effect and is binding on both parties. And effectively prevent unilateral withdrawal after oral mediation and harm the interests of the other party. It is necessary to pay special attention to the fact that the conciliation agreement reached by the parties for mediation can be confirmed by competent PRC court in writing or be notarized by Chinese public notary, which has effective legal bonding for enforcement. If one party breaks the agreement, the other party can directly request the court to enforce it, thus reducing the lengthy litigation process, thereby greatly saving the time and monetary effort of the both party upon disputes.


Private legal counseling services guarantee the privacy of the client. Because some private legal matters, such as marriage and family, inheritance and other issues involve the relationship between family members and personal feelings, if you consult a private legal counsel, you can maximize the protection of your personal privacy. In front of a lawyer, you can give your lawyer a complete account of your problem and get timely assistance from a lawyer, without having to worry about the personal secret being known by others and affecting the relationship between family members or individuals. Lawyers will follow the requirements of the Lawyers Law of the People's Republic of China and the lawyer's professional ethics and practice discipline to keep secrets for the consultants and ensure the privacy of private affairs.

Our team of china foreign-related lawyers has developed different service contents and service items with different cost standards through years of service experience and actual needs of different customers, including the following three categories:


●Category I (10,000 CNY per year, applicable to ordinary foreigners with normal personalized demand for legal services), which includes:

   1. Provide and explain the legal provisions, such as laws, regulations, rules, judicial interpretations, etc. related to the life, study, work and investment of our clients;

   2. In accordance with the Chinese Family Marriage Law, answering the legal issues concerning marriage and family involving joint property of husband and wife, personal property before marriage, division of divorce property, child support, maintenance payment, and access rights;

   3. Consultation on legal issues concerning the sale and purchase of real estate in China.

   4. Consultation on legal issues such as wills, property division, inheritance and child adoption;

   5. Consultation on legal issues concerning labor rights, labor injuries, occupational diseases, etc.

   6. Consultation on legal issues such as personal injury, traffic accidents, medical disputes and other infringements.


●The second category (20,000 CNY/year or equivalent foreign currency  , applicable to foreigners of legal services for middle and senior managers of Chinese enterprises or operators of small and medium-sized of wholly foreign-owned enterprises), the services include:

   1. Consultation on all legal issues in above categoryⅠ;

   2. Answer daily legal issues such as personal investment, operation methods, agreements, capital protection, and daily operations.

   3. Answer the basic methods and ways of legal risk prevention for enterprise labor contracts and employee labor dispute resolution;

   4. Answering the contracts, debts, debits, receipts, creditor's rights management during the performance of creditor's rights and debts, legal techniques and methods of recovering creditor's rights, litigation protection of creditor's rights, and legal issues such as statute of limitations;

   5. To answer the legal issues involved in the litigation of the parties, and provide consulting and reference opinions on prosecution, response, defense, evidence submission, evidence collection, and judgment execution.


●The third category(30,000 CNY/year or equivalent foreign currency, applicable to foreign-funded enterprise owners with frequent daily economic exchanges and large demand for legal risk prevention). The services include:

     1. Consultation on all legal issues in Class I and Class II;

     2. Answering questions about legal issues such as the conclusion, performance, breach of contract, change, cancellation, and cancellation of economic contracts;

     3. Answer the company's establishment, registered capital, company charter, and company issues such as company change, merger and division, equity management, shareholder contribution, equity transfer, equity transaction, equity inheritance, etc., and equity management;

     4. Solve the legal problems of enterprise labor and employment legal risk prevention, the definition of labor relations and labor relations in enterprise employment, and coping with the strategies of enterprise labor disputes;

     5. Solve the legal issues concerning the design of creditor management system, the management and management of creditor's rights, the inquiry of the debtor's basic industrial and commercial materials, the collection and preservation of evidence, and the methods and methods of litigation.

     6. Provide consultation on the latest legal and regulatory information related to the industry as needed, and provide consulting and reference opinions for other laws encountered in the daily operation and management process;

     7. To answer the legal issues involved in the litigation of the parties, and provide consulting and reference opinions on prosecution, response, defense, evidence submission, evidence collection, and judgment execution.


Remarks:

Our lawyer's working language is limited to providing Chinese and English services, no other language services, and our lawyers can communicate directly with you, but at the time of business negotiation, they do not play the role of translation at the same time.

  1. The service methods of the above personal legal counsel include another agreement should be signed.

telephone, online and offline e-mail legal consultation. If necessary, you can meet with a lawyer for face-to-face consultation;

   2. The expenses for travel, transportation, postage, telephone, fax, typing and copying, and all other reasonable expenses incurred for providing legal services (except legal consultation) shall be borne by you.

   3. We are not obligated to provide any of the above legal services to any unit or individual other than you.

   4. If you need to entrust a lawyer to provide agency services for litigation or arbitration, another agreement should be signed.





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Email: linghuiming@yingkelawyer.com     Copyright  reserved by James Ling
Email: linghuiming@yingkelawyer.com     Copyright  reserved by James Ling