The lawyer advised SMEs to select templates or have lawyers review contracts based on risk classification, and listed the types of contracts that must be reviewed by lawyers and the methods of establishing a review mechanism.
Learn more >
The lawyer listed common trap clauses in contracts and explained the rules of standard clauses in the Civil Code, highlighting the key points of review and invalidation scenarios, in order to prevent contractual risks.
Learn more >
The lawyer explained that the company's external guarantees are not necessarily invalid if they are not approved by a resolution, which depends on the type of guarantee and whether the counterparty acted in good faith. The lawyer also referred to Article 16 of the Company Law and the obligation to conduct due diligence.
Learn more >
The company is suspected of committing a corporate crime, which is defined by three elements: acting in the name of the company, acting for the company's interests, and reflecting the company's will. The principle is to impose double penalties, but in some cases, only one penalty will be imposed. The responsible persons will be divided according to their roles in decision-making and execution, and...
Learn more >
There are three ways for civil and commercial lawyers to charge fees: by the case, by the proportion of the subject matter, and by the hour. Some of them can accept risk-based agency fees. Their fees are regulated by the government's guidance prices and market-regulated prices, and the specific fees shall be stipulated in the entrustment contract.
Learn more >
The breach of contract penalty for second-hand housing transactions shall be calculated in accordance with the contract provisions. If there are no contractual provisions, the party shall compensate for the actual losses; if the contractual breach of contract penalty is excessively high compared with the losses, the court may reduce it as appropriate, usually based on the actual losses.
Learn more >
If the contract does not specify the court with jurisdiction, it does not mean that the contract is invalid. However, the jurisdiction clause may be deemed ambiguous and thus revert to statutory jurisdiction, which, in accordance with the Civil Procedure Law, is governed by the court of the defendant's domicile or the place of performance of the contract.
Learn more >
Family law advisors can rely on the Civil Code and the Trust Law to plan the inheritance of family wealth from the perspectives of wills, trusts, and marital property agreements, and resolve marriage and inheritance risks in advance.
Learn more >
The lawyer explained that the annual fees charged by criminal legal consultants vary depending on the size of the enterprise and the industry risks, with base annual fees ranging from tens of thousands to hundreds of thousands of yuan, and special fees for cases being charged separately. He also warned against being deceived by promises of guaranteed wins.
Learn more >
The lawyer explained that criminal legal consultants are suitable for high-risk industries such as finance, medicine, and the Internet, in order to prevent potential risks of corporate crimes through proactive compliance and complement the general legal services provided by enterprises.
Learn more >
The lawyer explained that a long-term legal consultant can systematically address issues such as contract drafting, review, performance, and dispute prevention. For major litigations, they will hire specialized lawyers, and cited an example of recovering the security deposit in a franchise case.
Learn more >
The lawyer explained that the enterprise legal consultants' services cover corporate governance, contract review, labor employment, intellectual property, and compliance dispute response, with a focus on prevention to reduce the likelihood of disputes.
Learn more >
The lawyer explained that, for those with no fixed income, the loss of earnings compensation shall be calculated based on the average income of the past three years. For those who cannot provide evidence, the compensation shall be referenced to the average wage of workers in the same or similar industries in the area where the court is located in the previous year, and the duration of the loss of ...
Learn more >
The lawyer explained that the compensation for loss of income is calculated by multiplying the duration of the loss of income by the income status. For those with a fixed income, the compensation is based on the actual reduction in income; for those without a fixed income, the compensation is based on the average wage in the industry.
Learn more >
The lawyer explained that for multiple disabilities, a comprehensive calculation method is used to set the base index at the highest level, and the remaining ones are added as additional indices without exceeding the upper limit. He also provided guidance on the local policies in this regard.
Learn more >
