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Things for a Divorce Lawyer to Know before Representing Client of for Divorce

  • Time:2018-01-29
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Things for a Divorce Lawyer to Know  before Representing Client of for Divorce
 If a client requests to establish a client-attorney relationship with a lawyer, the lawyer shall first check a few things before taking the case. The first thing that the lawyer needs to analyze is whether China has the jurisdiction. If the jurisdiction does not fall into a  Chinese court, it might be an issue if no Chinese court accepts the case.
The divorce lawyer also needs to know whether the verdict decided by a court ruling divorce has already taken efforts if the verdict is already legally effective, such marriage case would be in no way to be granted for re-trial. Therefore, there is no basis for an attorney to accept such case. However, if the client requests retrial only for the property division or the child custody portion, the lawyer may accept the entrustment as the case may be.
When a lawyer’s service is retained for applying for recognition of a divorce decree produced by a foreign court, the lawyer should advise the client that Chinese court would only recognize the divorce part in the divorce decree judgments, it does not recognize the division of marital property part or the child support part of the divorce decree.
For a divorce case litigated less than six months ago and the client is again filing the case without new reason or new circumstance, the lawyer shall advise the client not to file so early unless six months have passed. If there is any new reason or new circumstances occur, the client may sue despite the time restriction.
A lawyer shall also need to make sure the client is a person with full civil capacity, if the client lacks civil legal capacity, the lawyer may only accept the entrustment made by the party’s guardian. A lawyer shall not accept entrustment made by both parties.
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