Project Team
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• Civil litigation dedicated project team
This team handles civil litigation, pre-litigation mediation, mediation or settlement of cases already in litigation at all levels of the court system. The team also handles the execution and preservation of procedural cases and cross-trait arbitration cases. Headed by a senior attorney skilled in civil litigation cases and supported by attorneys specializing in civil litigation, this is a strong professional team for civil litigation that provides the best legal services to its clients.
• Criminal litigation (and investigation) dedicated project team
This team handles criminal cases at the criminal investigation stage and post trial stage, including escorting the suspect in prosecutorial, police, or investigative interviews, tutoring before the court, pressing charges, acting as an agent for pressing charges, motioning for review after a case has been determined as non-prosecutorial or passed on to trial, acting as counsel for the accused or as the agent for filing a lawsuit or informing against someone during the trial at all levels of the court, reviewing files and evidence, setting direction for argument, drafting defense strategies, pre-trial sand table drills, writing up of all forms and paperwork, preparing questions for use during examination or cross examination, and predicting various possible scenarios and planning action in each scenario. Headed by a senior attorney well known for criminal litigation cases and supported by distinctive attorneys experienced in major, complicated criminal cases, this is a strong professional team for criminal litigation that provides the best legal services to its clients.
• Administrative litigation dedicated project team
This team handles administrative litigation and appeal cases. Attorneys at Iustitia Law Firm handle opposition proceeding and confirmation of litigation type, act as litigation agent of the initial administrative agency to mainly defend the legality and validity of the original administrative decision and to prevent the withdrawal or invalidation of that decision. In cases where people claim that the government should have acted on their legally submitted application but the government did not act upon it during the prescribed period, or the government rejected the application and the applicant, after having exhausted the appeal process, sues the government for administrative actions, Iustitia Law Firm focuses mainly on accentuating the applicability of the government's rejection or its non-action. When Iustitia Law Firm represents the person initiating the appeal or the administrative litigation, and that person is the person to whom the administrative decision was issued, or Firm’s attorneys focus mainly on the negligence of the government's administrative decision or non-action. Headed by a senior attorney with several decades of practice and supported by attorneys experienced in administrative litigation, this is a superior professional team for administrative litigation that provides the best legal services to its clients.
• The dedicated project team that handles mediation and complaints about contract performance disputes under Government Procurement Act
This team handles mediation and complaints about contract performance disputes under Government Procurement Act, which provides mechanisms for settling disputes that arise during the stages of contract performance. In addition to arbitration and litigation between the disputing procuring agency and its suppliers, those mechanisms provide a more economical, quicker, and gentler channel to settle the disputes. Once finalized, the mediation takes on the same force as a final judgment from a court of law. Therefore mediation shields government employees from any suspicion of improperly benefiting others, frees the suppliers from litigation, and brings a quicker resolution to the dispute. Mediation is very helpful for government procurement.
To facilitate the establishment of mediation, government procurement regulations set forth that, in the process of mediation, a mediation committee member may in the name of the Complaint Review Board for Government Procurement (“CRBGP”) issue written mediation recommendations. If the procuring government agency disagrees with the suggestions, it should first submit the recommendations to its own supervising agency for a decision and write to the CRBGP and the suppliers to explain. The government regulations further stipulate that when the parties, though still in disagreement, are fairly close to an agreement, the CRBGP may, according to its charge, submit a mediation proposal after it has taken into account of all the factors and consulted the mediation committee to seek a balance of the interests of both contracting parties, provided that the proposal does not go against the primary intention of both parties. The two parties should, within ten days of the day after the delivery of the proposal, submit their objections to the CRBGP, and the mediation fails. If objections are not submitted in the period prescribed above, the proposal is established. The mediation is successful if the proposal from the CRBGP is agreed to by both parties. Once successful, mediation takes on the force of a final judgment from a court of law. However, if either the procuring government agency or the supplier does not agree to the proposal, the mediation fails. The parties then must seek to have their dispute settled through other mechanisms.
Government procurement contracts are contracts with private parties to accomplish public objectives, so they are handled in ways that are different from contracts between two private parties. After mediation has succeeded, the expenses that the government agency paid are entirely from people's taxes. Therefore, any expenditure or any concessions that the agency makes are subject to the relevant laws and regulations, which is unlike private citizens, in mediation at townships or cities, who can decide all by themselves how to dispose of their property. Furthermore, government procurement has an element for the benefit of the public. Therefore, the mediation by the CRBGP cannot be simply agreed upon by the two parties to take effect. Only with fair and reasonable suggestions made from a standpoint of fairness and professionalism, when agreed to by the parties, can the mediation become binding. Otherwise, other mechanisms are needed to settle the dispute.
If a supplier objects to the handling result for disputes of those more than the threshold for publication or its bid was not processed by the procuring agency, the supplier may, in accordance with Government Procurement Act and rules for reviewing procurement complaints and within 15 days of the day after receiving the appeal, such supplier may submit a written complaint to the CRBGP. Except bidding disputes for procurement, suppliers whom the procuring agency has notified as inferior suppliers based on Section 1.1.1. ~ 1.1.13 of Article 10 of Government Procurement Act may seek remedy through oppositions and complaint mechanisms.
This project team has rich experience in handling performance dispute mediations, disputes to procurement, and complaints in government procurements and BOT cases. This solid team is headed by a professional attorney with superior case results and supported by senior attorneys who are highly skilled in these types of cases. They provide the best and most reliable legal services to their clients.
Project Team Manpower Allocation Chart
