3/26/2008

Good Lawyers Are Legal Supporters, Not Simply Money Takers from Clients !

One of my clients has recently introduced me a minor case with less money to claim, sincerely expecting that I can handle the matter. The story goes as follows:

A private-owned company in Guangdong province sued a Hong Kong company a few years ago at Zhuhai Intermediate People's Court(the "Zhuhai Court") and then appealed to the Guandong Provincial Higher People's Court, a judgment was ultimately issued in favour of the Guangdong company. The loser Hong Kong company, however, did not perform the judgment, the judgment was then duly applied to the Zhuhai Court for enforcement.

Given that Hong Kong and Mainland China adopts "one country two legal system" state policy, the judgment issued by any Mainland Chinese courts can not be legally admitted and acknowledged for enforcement in Hong Kong, the Guandong company Chairman has to come down to Hong Kong several times, expecting to have good talks for getting most of the money back

Since the judgment amount is just over RMB320,000(equivalent to US$45,000), not much not less for the Guangdong company boss, in additions, he has always been refused to meet with the Hong Kong company boss or management, even though it almost takes him a whole day each time to come down to Hong Kong and return home, the boss becomes extremely angry and is introduced to my firm. According to the boss, if I can help get back the RMB320,000 or whatever, all the claimed money can be used as our professional fees, for he just wants to get completely released of irrigation and upsets.

I am a Hong Kong based Mainland Chinese lawyer, having rights to issue Demand Letters and to have talks and negotiations with the Hong kong company boss or management,if they do not respond to us, we may cooperate with Hong Kong solicitor to make a new lawsuit at a Hong Kong court against the Hong Kong company by using the Chinese judgment as a cause of action or as a strong legal evidence. I reckon there is a great possibility to get back the money, for the Hong Kong company is still in operations and its boss or directors or management staff are said still frequently to travel to Mainland China, by the Chinese immigration rules and regulations as well as legal practices, their Home Return Permits for entering and leaving Mainland China may be detained via certain procedures(i.e. to apply to the Zhuhai Court at first and then the court may contact immigration departments), under such circumstance, they can not leave China after arrivals unless they settle the the judgement.

I have told my client that my firm can not accept his 100% offer, 50% of the successful claims is enough or at minimum, for good lawyers are legal supporters, not just money takers from clients, even though all lawyers like to make more professional fees but on good faith and in the best interests of clients as well. Sound correct ?!

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