The lawyer explained the differences between family lawyers and ordinary lawyers in terms of expertise in the field, evidence-gathering methods, mediation strategies, and cross-disciplinary coordination, and provided selection advice.
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The lawyer explained the property risks during the 30-day cooling-off period: back up the evidence in advance, keep the transaction records, find fixed evidence of the transfer, and apply for preservation and claim a smaller share in the litigation process.
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The lawyer explained the statutory circumstances of a marital breakdown and the corresponding evidence: police warning letters, diagnostic photos, chat records, proof of separation, etc., emphasizing the importance of systematic evidence collection.
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The lawyer outlines five strategies for custody cases: evidence system, age rules, fault linkage, environmental demonstration, and dual-track mediation and litigation. He also cites three cases handled by his firm as examples.
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The lawyer explained the path to withdraw from the unfinished housing project: Article 563 of the Civil Code stipulates the termination of the contract, and Judicial Interpretation No. 1 of 2023 establishes that the repayment of the purchase price takes precedence over mortgages and ordinary claims, including the key points of preservation and creditor's declaration.
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The lawyer explained in detail the "Measures for the Payment of Litigation Fees", which stipulates that litigation fees are charged in stages: property cases are charged progressively according to the amount, and non-property cases are charged 50 to 100 yuan, which shall be borne by the losing party, including preservation fees and key points of judicial assistance.
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The lawyer explained the response of the company's executives after their involvement in the case: According to Article 34 of the Criminal Procedure Law, they should hire a defense attorney as soon as possible, strive to pass the arrest approval stage within the "golden 37 days", and seek lenient conditions for bail pending trial and pleading guilty and accepting punishment.
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The lawyer explained the elements of a claim by shareholders against listed companies for false statements: Shareholders can file a lawsuit if they purchased the shares between the implementation date and the disclosure date and suffered losses, without the need for prior punishment. The statute of limitations for such lawsuits is three years, and it includes guidelines on evidence and costs.
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The lawyer explained that it is an illegal act for private placement promoters to promise guaranteed principal and returns. The party making the promise may bear administrative, civil, and criminal liabilities. The lawyer also provided advice on how to preserve evidence and protect legal rights.
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The lawyer explained that if the fund makes false claims about its returns, investors can negotiate with the fund, file complaints, or sue for compensation. If the fund constitutes fraud, investors can request the return of their principal losses and file a report to recover the funds involved in illegal fundraising.
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The lawyer explained that if the penalty for breach of contract is excessively higher than the actual losses, the party concerned may request to reduce it. In judicial practice, the amount of the penalty should not exceed 30% of the actual losses. The party claiming the reduction must provide evidence to support their request.
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The lawyer explained the key points for the involved enterprises to strive for non-prosecution in compliance with the law: admitting guilt and accepting punishment, making restitution and mitigating losses, and conducting genuine rectification. If the enterprise passes the third-party review, it may be granted non-prosecution or lenient punishment.
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The lawyer explained that a contract signed under duress can be requested to be revoked within one year after the termination of the duress. After the revocation, the contract will be invalid from the beginning and the party can request the return of the property. It is necessary to pay attention to the preclusive period.
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The lawyer explained that the statute of limitations for contract disputes is generally three years, starting from the date when the party knows that its rights have been infringed and the obligee's identity is clear. A reminder can interrupt the statute of limitations. After the statute of limitations expires, the party can still file a lawsuit, but the other party can raise a defense against it.
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The lawyer explained the remedies for the other party's breach of contract and failure to perform the contract: continued performance, rescission of the contract, and compensation for breach of contract and losses. He also cited an actual case in which the arbitration award ordered the payment of 583,000 yuan in contractual damages and all legal fees.
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