As a foreigner, how can I ask a lawyer to help in (Shanghai)
As a foreigner, how can I ask a lawyer to help in China?
There are several prerequisites for the issues we discuss here:
You are a foreigner holding a passport other than a Chinese passport.
You have encountered some things that need to be handled within the jurisdiction of Chinese law.
You are willing to pay a certain amount of money to exchange the professional services of Chinese lawyers.
In addition, we will not discuss here how to find a Chinese lawyer who can serve you. Although Chinese lawyers who can really serve you may not be easy to find: they can only be Chinese nationals, they need to first take one to two years to prepare and pass the legendary China’s top difficult judicial qualification test (as far as I know, the recent pass rate is 40,000 per 650,000 people), and then another one to two years full-time professional internships, which are not counting the four to seven years of study time they spent in law school. . . and they have the ability to serve a foreign client, in addition to the necessary legal English (not ordinary communicative English) ability, they also need to have the ability to understand and view things from your perspective and background and can give you feedback on his professional opinions from a way you can understand because these two points are the basis of communication. If you can't find a Chinese lawyer who is trustworthy and qualified for the commission you are encountering to, I suggest you to talk to me. My email address is Protected content .
What we are discussing here includes a few pieces:
1. What you may need to ask a Chinese lawyer to help you for;
2. How to distinguish between middlemen who call themselves “lawyers” and real Chinese lawyers and why you should consider finding a Chinese lawyer without a middleman to help you;
3. The privileges and values of Chinese lawyers within the jurisdiction of Chinese law;
4. Some other legal requirements you need to know about Chinese lawyers;
1. What you may need to ask a Chinese lawyer to help you for?
In fact, you may need a lawyer more than you think. Let me give you an example:
You signed a labor contract with a company, but the contract was written in Chinese. The employer kindly provided you with an English translation for your reference, but it clearly stated that if there is a difference between the two languages, the Chinese version shall prevail. You may think that you only need a qualified translator, but in fact a qualified Chinese lawyer is the right choice because:
1. Translator does not know whether the terms of the labor contract are legal. For example, for a labor contract with a three-year term, the probation period must not exceed two months, and the wages must be paid in these two months. The salary amout must not be lower than 80% of the payment of the same work in the company or local minimum wage.
2. Translator does not understand sufficient vocabulary and phrase at the legal level, such as competition restrictions, parachute clauses or the difference between labor compensation and reimbursement, letting along explaining the meaning of them to you.
3. The most troublesome thing is that many statements on labor contracts, such as job descriptions, compensatory rest and relocation, statutory dissolution and dismissal, labor arbitration, etc., are directly related to your work environment, income, loss and preparations before a dispute, such as obtaining evidence or resigning complying with a legal process, which often leads to a situation that many foreign workers start with getting a satisfactory job in China, but leaving with regrets. In order to protect your legitimate right of workers, a Chinese lawyer is required to provide you with contract review, consultation and legal advice. There are many other similar things. For example, if you bought fake and shoddy goods in China, if you are injured or have been illegally violated, if you have encountered divorce, property dividing or a child custody dispute with a Chinese citizen or a marriage concluded in China, or if because of certain behaviors, you have been investigated by the state's public authority or restricted freedom, or if you have to do house sales or financial planning, sign a service or purchase and sales contract, etc., a qualified China lawyer can provide advice or representation service from a Chinese legal perspective in a way that you can understand.
2. How to distinguish between middlemen who call themselves “lawyers” and real Chinese lawyers and why you should consider finding a Chinese lawyer to directly help you;
Chinese lawyers, or Chinese licensed lawyers, have the following characteristics: (a) must be Chinese citizens holding Chinese passports, (b) must hold the "People's Republic of China Lawyer License" issued by the Ministry of Justice of China. The license has a unique license number (such as the majority of Chinese lawyers in Shanghai are with numbers starting with Protected content , (c) must rely on a law firm to