For all litigation matters undertaken
by our team, we provide the full range of related services as required in each
particular case in accordance with the instructions of the client, as further
described below:
Preliminary Analysis and Evaluation of
the Case
Prior to the commencement of the
proceedings, our lawyers will conduct a legal analysis and assessment of the
client's proposed case, and provide written reports and recommendations for the
client's reference, so that the client may make a decision on whether and how
to initiate the proceedings.
Drafting of Documents
Our team collects and sorts out
evidence of the case in order to develop a comprehensive understanding of the
facts of the case, and on this basis, will draft the pleadings, evidence list,
preservation application, letter of authorization, and other litigation
documents.
Taking Preservation Measures
With respect to any case in which it
is difficult to enforce the judgment on the case or other damages may be caused
to the client due to the conduct of the opposite party to the litigation or any
other reason, we will file an application with the court according to the
instructions of the client and request the court to make a ruling to take
preservation measures such as sealing up, distraining or freezing the property
of the opposite party to the litigation, order the opposite party to the
litigation to conduct certain acts or prohibit such acts, so as to ensure the
smooth enforcement of the judgment after it becomes effective in the future.
Participation in Court Hearings
We will represent the client in court
to state the facts and arguments of the case, adduce evidence and conduct
cross-examination; admit, change or waive claims on behalf of the client; apply
for forensic expertise or witness to testify in court; present arguments;
refute the counterparty's arguments; mediate under the auspices of the court or
reach a settlement outside the court; and withdraw the claim, in each case as
instructed by the client. Within two working days after the end of each court
hearing, we will submit to the client a written report on the court hearing so
as to enable the client to timely understand the progress of the case.
Appeal
If the client has any objection to
the judgment of the first instance, we will, on behalf of the client, appeal to
the court at a higher level within the statutory period, requesting the court
at a higher level to hear the case in accordance with the case facts and
applicable laws and change the judgment of the first instance or remand the
case for retrial by the court of the first instance.
Retrial
For civil judgments that have come
into effect, if so instructed by the client, we can also on behalf of the
client file a request for retrial, and do our best to start the retrial
proceedings.
Enforcement
For civil judgments that have come
into effect, we will comprehensively and carefully investigate the property of
the losing party for purposes of enforcement of the judgment, and provide a
customized plan for the client for implementation and enforcement of the
judgment. We will exhaust all means to resolve difficult problems which may
arise in the context of enforcement of the judgement. In the course of execution,
we often change or add the party subject to execution, or may initiate
proceedings to pierce the corporate veil, to seek subrogation, or to apply to
initiate bankruptcy proceedings against the other party. At the same
time, we do not give up on related reconciliation efforts, and will continue to
actively negotiate with the other party in an effort to reach a a final
settlement which will obviate the need to pursue additional legal measures. If
the person subject to enforcement refuses to perform it obligations under the
reconciliation agreement, we will apply to the court for resuming the
enforcement of the original judgment or institute a lawsuit with the
enforcement court regarding the reconciliation agreement, requesting the person
subject to enforcement to perform strictly in accordance with the terms of the
reconciliation agreement. We will also closely monitor the expenditures
of the person subject to enforcement, timely report the status of assets
expenditures and related trends to the court, urge the court to restrict the
extravagant consumption activities of the person subject to enforcement, and
include the person subject to enforcement in the list of dishonest persons,
adversely affecting their reputation and ability to continue normal business
operations, thus forcing them to actively perform the judgment. As for
the person subject to enforcement with normal production and operation
activities and full solvency but refusing to perform the effective judgment, we
will, by taking advantage of relevant provisions of the Criminal Law on the
crime of "refusing to perform the judgment rendered by the court",
apply to the public security organ for case filing, so as to induce the person
subject to enforcement to perform the judgment rendered by the court in a
timely manner.
Settlement
Although the settlement may reduce
our legal fees, our first priority is to maximize the protection of our
client's legitimate interests, whether at the stage of litigation or execution
stage. Accordingly, we never close the door to negotiations, never give
up on our reconciliation efforts, and always strive to reach a settlement
satisfactory to the client.
Consultation and Advice
During the course of providing the
above services, we always keep close contact with our clients, and provide
daily legal consultation and professional advice related to dispute resolution
according to our clients’ needs.