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The non-disclosure obligation of Chinese lawyer in practice

Working diary dated March 4, 2025

· Transnational Commerce,Lawyer

A question from a potential client:

Before we share any more documents with you, could you send us your NDA to make sure our information is protected? And what is your charge?

Our lawyer's answer:

It will be my pleasure to help you with your case in China, if possible and you need it.

1. We are Chinese lawyers, so disclosing the paperwork to our lawyers' team, I think you will not need any NDA, as a matter of fact, we had never signed it before so we do not have such a document, while our obligation of non-diclosure is established in article 40 of Chinese lawyers law.

2. We will need to see the raw documents of the case, so as to confirm firstly that we do have a case, and then evaluate the difficulty and complexity of the case, before we can quote you our exact charge. In another word, our charge will be decided by the difficulty and complexity of the case.

BTW, we do have three alternative types of contingnecy charge rate:

a) First is flat fee; or

b) Second is contingency charge that is no win no charge; or

c) Third one is a part of flat fee plus a part of contingency charge which is most popular one in our practice.

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