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PDF Editor FAQ

How do lawyers decide which clients they won't take?

Thanks for the A2A.Writing from the perspective of a Barrister practising in England and Wales means that my answer to this question is different from most others. If I am asked by a solicitor to undertake a case on behalf of a lay client, I may well have no choice at all. The Bar of England and Wales operates a “Cab rank” rule under which, if a solicitor offers me a case that is within my capacity to conduct, offers appropriate remuneration and I am not in a position of conflict of interest, I have to take it. That said, I do sometimes decline instructions where the remuneration is inadequate.I am also one of the Barristers who is permitted to accept work on a direct access basis, that is, the lay client does not need to go through a solicitor to instruct me. The “Cab rank” rule does not apply, and I can decline to act. In my own practice, I tend to decline cases that are likely to bring me into conflict with any limitation on my practising certificate. Like most Barristers, I am not authorised to conduct litigation, that being primarily a solicitor’s function. Conducting litigation includes things like serving formal documents and providing an address at which documents can be served, paying court fees and issuing claim forms and application notices.If I think that my lay client will not be able to undertake the often extensive administrative work than an action needs, or that too much of the burden of supporting the client through the process will fall on me, I will decline to act unless a solicitor is instructed. I am disinclined to travel long distances to attend court unless the fee is adequate to cover my costs as well as being suitably remunerative and if I am invited to quote for representation at such a hearing, my quote will be higher than the average - which the prospective client may not accept.I am often asked to represent clients whose cases are hopeless. I do not refuse to act for them, but advise them (for a fee) that their cases are doomed to fail. I find that many clients will then refuse to instruct me to help them put an end to the case in the way that harms them least, and will battle on regardless.

What are the implications if an employee does not serve the notice period in Infosys?

There are 2 possibilities both of which i will discuss:1> Resigning from Onsite Positions: Technically, when you are on deputation, the notice period prevalent in that country applies (Even though Infosys HR will insist that its not applicable to people two are sent on deputation). Typically onsite notice periods are shorter (2 weeks in USA) and it makes no sense not to serve that notice period.2> Resigning from Offshore positions: At offshore, notice period is 3 months which is usually enforced.Now lets talk about getting around the problem and implications:If you choose to resign from onsite position to switch to a different job without serving your notice period, you may not get a clean experience certificate and relieving letter. If you preserve your initial offer letter letter and last 12 months pay slips to prove you were employed, that should be sufficient for your next company.Downsides:1>Infosys can hold back your Provident fund payments. Legally they cannot, but delays will be there. Also, because you have left without serving notice period you will be designated as "Absconding". Eventually after a period they will terminate you and release your PF money but the process will be long and painful.2> If you need to apply for US visa from you new company, there may be a need for your experience letter for back ground verification purposes. It may create a problem for you. (i had a big problem on this regard even tough mine was a clean separation because lets face it who cares for ex employees. For my us visa application i had to do rigorous follow up with Infosys HR for 3 months and had a lot of nervous moments because mine was an onsite separation. So even tough i got my relieving letter on my last day, experience certificate was not given at that time)PS: For onsite resignations infosys gives 2 letters and for offshore one letter which is both experience cum relieving letter.3> If you want to get hired by an Indian company they will insist that you have a proper relieving letter (HCL insisted that i have it with me before joining)Getting around the problem:1> Negotiate hard: If you have an offer, you have the upper hand. Infosys knows it has to let you go sooner or later so try and negotiate a shorter notice period with a clean break. Be polite in your conversations and avoid aggression.2> The next company you are joining can always wait and so don't be under the illusion that if you join 10 days later, the position will go. (I joined HCL in a hurry and was on bench for 6 months)3> Negotiate with the HR of company you are joining, they will make adjustments as well. Because its a hassle to find a right candidate and make him/her accept offer.Final note: My personal view is that you should try and have a clean break with your existing organisation as that reflects on your professionalism. Worst case scenario, there will be consequences but nothing which will be earth shattering. Best of luck.

What is the process of setting up a WFOE (Wholly Foreign Owned Entreprise) in China?

Beijing WFOE Company Set up-Application Documents for WFOE in Beijing1.Investors for the foreign company registration certificate (chinese-foreign control) and the legal representative passport;2.The new company legal person passport copy,3.The application form;4.Feasibility study report;5.Articles of association;6.Members of the board of directors appoint letter;7.Members of the board of directors identification;8.Investors have legitimate business;9.Investors reference;10.The certificate of using the new set up company property (including the agreement that rent a house, house property card, copy);11.Business name registration approval notice (copy).Beijing WFOE Company Set up-General service content.1.Name authorization;2.Business bureau approval: no fees, according to the specific circumstances;3.Organizations with code (bureau of technical supervision);4.Enterprises with foreign investment approval certificate copy;5.Business license of enterprise legal person is copy.6.Official seal, contract seal, financial seal or the special invoice seal, the legal representative of right one;7.Organization code certificate, copy and legal code certificate;8.The tax registration certificate (positive, copy), the registration form;9.Statistical card (is, copy);10.Business registration certificate of foreign exchange;11.The copy of registration certificate, and the registration form.Total Time required-7~8 weeks.Beijing WFOE Company Set up-Taxation service content of WFOE in Beijing1, the first to open a bank tax agreement (with related documents)2, report to the national tax, fill out the company's basic information.3, after the report, with the member that agreement to find tax deducted for online tax deduction, for after what shall pay tax (usually the business tax and surcharge) will give the company a user name and password.(sign (binding) online tax and tax, duty, if any, to handle the duty, land tax, if no duty, then only go through the land tax.)4, then report to the local tax, fill out the financial system and the software for the record report:5, buy the invoiceIf you have more questions, Please feel free to email me.My Email Add.:[email protected]

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