En 中文

Frequently Asked QuestionsBus 减少商业纠纷的常见问题

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Business Contracts 商业合同

  • Can I use an online template for my agreements? 如果可以从网上下载合约,为何需要咨询律师?

    You can, if you understand the contents and know what suits your business. However it is like buying clothes off the rack – it may fit you but not very well, and in some cases the template may not even be the correct type.

    网上下载的合约,不一定适合您各人的状况。咨询过后,我们能提供符合你商业需求的合约,减少纠纷引起的机率。

  • How does having a business contract reduce business disputes? 合约怎能减少商业纠纷?

    Business disputes arise when a party’s rights or obligations are not clear – therefore having a contract before you start the business relationship can help you reduce business disputes in certain areas, such as payment terms, fulfillment of service standards and how disputes are to be resolved.

    商业纠纷引起的主要原因是一方的权利、义务不清楚。有了合约,能防止另一方乘虚而入。

  • I don’t understand the terms and conditions or risks of a contract that I’m being asked to sign – can you help me? 如果不了解合约的条例或风险,是否能寻求咨询?

    You can, if you understand the contents and know what suits your business. However it is like buying clothes off the rack – it may fit you but not very well, and in some cases the template may not even be the correct type.

    即使还未签约,我能审核合约草稿,提供减少风险的建议。一旦签署了合约,就很难推出,所以应当在签署之前进行审核。

  • How do you charge for different types of agreements? 起草合约的费用如何计算?

    I charge fixed fees based on the complexity of the agreement (starting at $1,000 and generally not exceeding $3,000), as well as any special requests to change the scope of the agreement. You can contact me at the link on the top of the page to find out more.

    起草合约的费用平均约$1,000-$3,000,有关因素包括复杂性、紧急性等。您可以通过本网页的网联寻求咨询。

Relationships 法律关系

  • How can your advice on the type of relationship help my business? 法律关系咨询,对我的企业有什么利益?

    Different relationships have different rights and duties. In a case of a dispute, it will also affect the type of judgments that the court can make. Picking the right relationship reduces the risk and scope of a future dispute.

    不同的法律关系会造成双方享有不同的义务、权力。如果引起纠纷,也会影响法院的管辖与下判权力范围。适当的关系自然会减少纠纷引起的机率。

  • The other party insists on using a different term to describe our relationship. What should I do? 对方坚持某些字眼来形容我们之间的关系,我应当反对吗?

    Generally Singapore courts prefer to look at substance over form, so the terms and conditions of the agreement, as well as how parties carry on after signing the agreement matter more than the label.

    新加坡法院通常注重内容、轻视表面的形容词,所以双方应当注重合约的条例。若对内容有疑问,可通过联系页寻求咨询。

Disputes 纠纷

  • When do I need to engage a lawyer? 如果引起纠纷,应当在哪一个阶段寻求法律咨询?

    If you are a company and you have received a Writ of Summons, you have 8 days to appoint lawyers to enter appearance for you. However it may be prudent to seek advice once you have received any letters of demand, to avoid compromising your rights or position in court.

    一旦收到诉讼状(英文称 Writ of Summons),被告有8日期限声明有意反抗,而公司必须聘请律师当代表。当然,如果对方已发出要求信,通过律师回复能担保法律立场。

  • Why is litigation and arbitration much more expensive? 诉讼、仲裁的费用为何那么昂贵?

    Litigation involves at least 3 stages before the case will be heard by a judge, so there’s a lot of preparation work to do. Arbitration costs even more due to the upfront institutional fees, as well as the compression of the equivalent preparation stages into a shorter period of time, so even more preparation work is required.

    诉讼程序有至少3阶段,律师必须做充分的准备,案件才由法官审判。仲裁程序把同样的准备阶段压缩,造成时间紧迫,因此费用比诉讼更高。

  • What are the benefits of mediation compared to litigation or arbitration? 和解与诉讼、仲裁相比之下,有哪一些优点?

    To provide a quick summary, you have more control of the outcome, make the discussions private and confidential, and overall will cost less than litigation or arbitration to resolve the dispute (at least by a factor of 5).

    和解主要优点包括能掌握后果,谈判内容能保密,而且总共费用与诉讼、仲裁相比之下低(至少5倍。

  • Why should I mediate? Can I simply negotiate with the other side? 与其和解,不如直接与对方进行谈判?

    With the presence of a mediator (who is someone with the necessary knowledge and experience in the subject matter of your dispute), the discussion will be much more guided and grounded compared to simply having both parties present.

    有了拥有相关经验的和解员协助,和解的过程更加实际、有效,况且和解员的中立能使对方愿意聆听您的和解建议。

Other Services 其他服务

  • Do you provide other business support services such as corporate secretarial support or tax? These are also what my business needs to thrive. 你是否提供其他商业服务款项,例如公司秘书或税金咨询?

    We recognise that other professionals are better at providing such business support services, and with your permission we will refer you to them. However we do not take any referral fees in such situations, in order to avoid any conflict of interest.

    我们坚信行行出状元,因此经过当事人的应许会介绍第三者提供非法律咨询服务。在介绍过程中,我们坚持不付收介绍费,以免利益冲突。

  • Do you provide retainer services? 你是否提供聘用服务?

    I do provide retainer packages for repeated or volume work. Please contact me using the link at the top of the page to find out more.

    如果有反复、大批量的法律需求,可直接与我联系。

Fees 费用

  • How do you charge for your services? What is your hourly rate? 费用如何计算?

    All work is done according to an agreed scope of work and agreed fixed fees. I do not charge by an hourly rate or by time spent.

    工作范围与费用都是固定,我并不以时间计算费用。

  • Do you charge for consultation? 咨询需要缴费吗?

    I prefer to have an initial conversation to find out whether I can provide you with a solution. Such conversations are usually not charged. After discussing the facts and your desired outcomes, I will then give you a fixed fee quotation for a solution.

    首次咨询是为了了解事情背景,才能判定我是否能提供方案,所以不需要交费。经过咨询,我会以您的现实状况和目的提供固定费用预算。

  • Are you able to give me a fixed fee for bringing a case to trial? 可以提供诉讼程序的固定费用吗

    Litigation or court proceedings take place in stages. Further, the court or the opponent may take certain steps which we cannot foresee. While we can provide estimates for each stage before starting, we may have to revise these estimates depending on how the situation changes. Even a chess grandmaster cannot tell you exactly how a game of chess will turn out.

    诉讼程序可分为至少3阶段,况且我们无法在第一阶段判定法院或对方会采取的行动,所以只能在每个阶段之前提供报价单。

  • Can I pay only when the work is completed, or if you achieve my desired outcomes? 是否可以在工作完成或达到目的之后才付款?

    We will request for some upfront payment as services rendered cannot be returned (unlike physical goods). In addition, we cannot be paid only upon certain events, such as successfully obtaining judgment against the other party, as Singapore law does not allow a lawyer to charge such contingency fees.

    是否可以在工作完成或达到目的之后才付款?

Need Help With A Legal Dispute? 需要关于解决纠纷的法律咨询?

If you have any questions relating to business dispute prevention or how to settle a business dispute in Singapore, feel free to email or drop me a LinkedIn message. I will do my best to respond within 24 hours.

Or leave a message here (your personal particulars will not be shared with third parties without your permission).

若有关于商业纠纷防范、和解方案的疑问,可通过电邮或LinkedIn联系。我会尽量在24小时之内回复。

您也可以通过以下表格留言。我们不会在得到您的许可之前把个人资料传达给第三方。

Need Help With A Legal Dispute? 需要关于解决纠纷的法律咨询?