Chinese companies should be how to fight for justice in USA?

American is a legal society. In the Chinese community, many Chinese choose to start their own business, and when their rights are being infringed upon, know to find a lawyer to help adults. However, a lot of people, to pay wages to employees, think as it should be; but to pay a lawyer, you feel wronged. Borrowed yesterday calling information of a person's words: "I was completely justified. Why do you follow the standard fee?"

In American, social thought, for their own interests, the company operates as part of the normal cost, companies need to pay their own. In the law, this is called "American rule", namely "the American rule" (America rule is not limited to commercial law). According to the American rule, if there is no clear legal provisions or the contract clearly stipulates the losing party to pay the lawyer fees, then the parties, pay all attorney fees.

Once, I was a civil rights case to the federal court. In accordance with the conventional, the judge in the civil case before trial, the first trial of criminal cases. That the only case criminal court is a Chinese ran America to buy counterfeit goods. The first question the judge asked the prosecutor is: "you don't deal with them? This kind of case is generally not by the aggrieved, Sue?" prosecutors hanghang and did not answer. The judge blamed be completely bared there and then. His meaning is: you procuratorate have so many things to do, why do these victims have the ability to do?

If so, you have such a problem: "if the company deliberately bully me, so I will not necessarily lose? Because even if I win the lawsuit, then because I want to pay his legal fees, loss or not?" In fact, in practice, even in the American under the law, that is not going to happen in the very great degree. The primary premise here is to set up an effective, including self protecting mechanism of legal counsel. On the one hand, this mechanism can reduce the legal risk of the company; on the other hand, once a problem, the company will have a lawyer to understand the situation, so you can immediately begin to solve the problem; otherwise, a strange lawyer in a very long period of time, and understand the situation of the opposing counsel, there will be a knowledge deficit. In accordance with the "knowledge is power" rule, do not understand the situation of the lawyers will lack the strength to understand at the time of.

I perennial legal adviser said, when he was no accident, to understand the situation and a lawyer to reduce risk. Not like yesterday another call to ask people do, a start with much money asked perennial legal counsel for each month. Slightly talk a few words, we found out he has encountered a problem. Asked how much money each month, want to get a cheap lawyer service, to solve the dispute has appeared. I perennial legal counsel about work, is save, prevent the company encountered legal issues.

Today some people call it, several companies owe them a lot of money, despite repeated reminders don't pay. They want to find a lawyer to those companies, but they do not come up with lawyers, want lawyers risk agency pure. In general, allow so many companies owe so much money, itself shows that companies are lacking in this respect to protect their own interests. In this case, the lawyer unknown, the guests do not bear risks, risk agency. To us at least, the risk is too big. The man heard that we cannot risk agency pure, also lose interest on us.

If we don't mention the perennial legal counsel, speak disputes, and properly solve the best lawyer. The Ordinary Company legal affairs, it is best to find a competent lawyer in the United States the average lawyer price, then the lawyer and work out a most suitable solution to the problem. Too cheap commercial law can not be commercial car accident, divorce, bankruptcy is more complex, immigration. Involved in intellectual property cases especially complex.

If we take the dispute you sort, is nothing more than three kinds of circumstances. For simplicity, we use examples to illustrate. The first case, a Japanese cuisine restaurant ("A") rent a house. The lease stipulated explicitly, the landlord can not put the other store with a shopping mall rented another Japanese cuisine restaurant. However, when the A business fire, the landlord took another store price to rent to a Japanese Restaurant ("B"). A went to the landlord, the landlord to ignore, one to two on three. A failed to find a lawyer, B will soon open for business.

For A, there is naturally a fair question. Initially, the landlord in the lease, which is equivalent to give him a Japanese restaurant franchise. Under the lease, after he opened the Japanese market, in the shopping center, within the lease, he has a monopoly. After he ate Japanese food guest attracted, the landlord took another store to rent another Japanese cuisine, and he divided his client. In this way, his economic interests will suffer a loss.

The landlord one to two push three depend on the reason, is to let the B store to open up, the landlord's idea is: when the B has dried up, A also like him? Time really lawsuit, the landlord is a defense. In law, the defense called "laches". Simply put, A is a part of the loss, is due to the A delay caused by legal action, rather than the cause.

According to our experience, the landlord not everyone bully. Many landlords, through years of experience, learned a rarity in the soft persimmon knead mules. The routine's not brain usage, is to put all the tenants to pinch again. Then avoid against tenant, further to pinch the soft persimmon, but also more pinched weight. Because the tenants are not ventilation, so this approach can often work. Yesterday there is such a tenant to call us (not open a restaurant), expressed don't understand why he is in principle also need to pay fees according to the standard.

In this case, although it is wrong not to hire lawyers, blindly to find the cheapest lawyer is wrong. Because Chinese populated areas, there are many Chinese entrepreneurs do not understand the law, no legal counsel. After the accident, also try to find a cheap lawyer, so some cater to the customer's lawyers emerge as the times require. In this group of lawyers, a man called Li Xiaosheng (James Hsiaosheng Li). He mobilized people and he "of Lee lawyers succeed can save you much money in advertising." A Mr. Wang Li, according to the lawyer's advice, later in 2007 to and Lee lawyers discussed, think Mr. Lee is indeed cheap (Lee lawyers guarantee to win his case, otherwise return most -- is also thirty thousand yuan of attorney fees), so they replaced the original lawyer, hired a lawyer li. The result, Mr. Lee in 2008 put the case to the lost, forcing Mr. Wang compensation to the plaintiff to hundreds of thousands of yuan. Li lawyers refused to return 30000 yuan lawyer fees in accordance with the law of employment contract. Mr. Wang not swallow this tone, and hired several lawyers told Mr. lee. Yesterday, the current representative of Mr. Wang's lawyer told me, because Mr. Wang wins the case, the association of California gave Mr. Lee to revoke the licenses of 90 days. The interested reader can read the details of the case to the following websites.

Http://members.calbar.ca.gov/courtDocs/11-O-14430.pdf

The vast majority of looking for the lowest price law guest is Li Xiaosheng such as lawyers bullied, do not spend a lot of lawyers, lawyers, delay for a long time to play several years of litigation; in 4 years, winning a revocation of Li law license for 90 days, to pay 30000 yuan fee results. While Mr. Wang could get 30000 yuan lawyer fees in pay, but the chance he can get other money is very small. Mr. Wang 4 years of legal fees, court costs, plus 4 years of struggle, Mr. Wang loses claims (hundreds of thousands of yuan), and Mr. Lee and 90 days can be listed business reality, only for 30000 yuan, a lot of people will think Mr. Wang to throw the helve after the hatchet.

Second cases in addition to not hire an attorney or a hired cheap lawyer, is to hire a competent lawyer to face processing, to solve the problem. Using the previous example, if time permits, we write a general practice lawyer letter to the landlord, carefully explain our legal position, and shows that our next legal action. In general, the landlord will put our draft letter to his lawyer. If the landlord's lawyers will have objections to the law of our point of view, they will respond to us. In general, the lawyers on both sides will negotiate, based on the two letters of the reconciliation. Of course, details of the settlement according to the specific circumstances. For example, B has opened and B has not yet opened is different.

In addition, there are third kinds of situations, that is the landlord not reasonable, forcing A to accuse him. However, the landlord will need to respond to pass. Although the court procedure for A is very expensive, but the landlord is also not cheap. Litigation together, spend tens of thousands of lawyers is commonplace. In the above example, the A in science. If A's lawyer is a lawyer, so A can use the court (i.e. the state machine) to safeguard the rights and interests of A. Because the landlord often knows this, so it will not choose this after legal fees, but also damages the downhill road.

We received a case at the end of last year ("X"). In this case, the other ("Y") began to completely be savage and absurd. The reason is the Y before be savage and absurd to a relationship and my client a person ("Z") when, Z treatment on the case is not very effective (because Z simply looking for cheap lawyer). Results the Z, Y to force bankruptcy. Then, Y is turned on to initiate the attack on X. In 11, 12 and two months of last year, including a Christmas, I wrote several letters to the opposing lawyer. At the beginning of this year, and finally to stop the other rampant arrogance, forcing the other to stop all of X's legal action. First, X also told me his lawyer Fei Taigui, but in the Y after giving up, X will immediately understand "no war and enemy soldiers, friendly friendliness". This result, not only is the good results, but the most money. Society requires the company to pay the lawyer, but also forced the company to try to save money (but not hire a lawyer, because lose compensation is often the most expensive). This thing if you give a cheap lawyer, is likely to come up, so for X, it is likely to take more money, but also may like Z, was pushed into bankruptcy court.

So, actually said, the above three may, high possibility is the first (A does not pursue its interests) and second (A pursuit of interests, forcing the other side settlement). The possibility of a life-and-death struggle in third, reasonable attorney's hands, is not high.

According to my personal experience in commercial law, commercial law in this field, to any person, are broad enough. (our law firm's service scope limitation in business law, intellectual property law, occupation immigration.) For any individual, even a small team, are impossible to "proficient" criminal law, traffic accident, body injury, divorce, bankruptcy and so on the outside of this range. So find a lawyer, or to find experts to better. That is to say, the accident found the accident lawyers, the divorce will find a divorce lawyer, bankruptcy for bankruptcy lawyers. If the enterprise out of the legal issues, find specializes in business law, rather than in the "specialization" business at the same time, also "specialization" body injury, family law lawyer. Li Xiaosheng in his advertising is claimed to be a "specialized and fine to do a serious car accident, bodily injury, property disputes, criminal defense lawyer". "Knowledge is power" is still in accordance with the law, not professional lawyers in front of professional lawyers, there is a lack of knowledge. The lack of specific performance, in the actual operation, is the lack of strength.

Normally a brand of the enterprise while the need for a part of the legal costs, but the cost is entirely reasonable, can bear. Large companies all over the world emerging, mostly in the USA. There are many Usa Inc from advertising in Europe and Japan's start-up company, emerging Foreign Company and advertising in the America was relatively few. This shows that, America system, including law system, is reasonable and effective, not small firms are strangled in the cradle. When a company to society (such as the landlord or partners) that they have legal protection and reasonable, but also time in the play, most people will not act rashly and blindly in the company. In contrast, no understanding of the law of the company, no legal counsel, often become the object of it.

From the social perspective, social only requires individual in the society they burden their own legal fees, in order to ensure the efficiency of legal agent, because only the legal fees of the company, will do its force, the agency to do the most effective. At the same time, the society also through this mechanism, to those who cannot find a lawyer, or find Li Xiaosheng such a cheap lawyer a lesson (such as the above mentioned Z), forcing them to choose between improvement and die.

If Chinese companies want to receive fair treatment, not bullied in American, must Do in Rome as Rome does., normally a brand.

2012.2.22