设定会谈内容和范围 VIA REGULAR INTERNATIONAL MAIL May 18, 2004 Mr. Johnson Smith Providence Group, Inc. 620 - 5th Avenue New York, N.Y. 10002 The United States of America Dear Mr. Smith: Please allow this to confirm our telephone conversation early today. First, thank you for agreeing to meet with me on May 25, 2004 at 2:00 p.m. sharp in your office. I appreciate your squeezing time out of your busy schedule to discuss the services that we are providing to you. The following is a list of the questions that we could cover. However, they are only intended as suggestions, and the conversation may cover whatever you wish to discuss. These suggested questions are: - What is your overall satisfaction with Zhang, Wang & Lee, L.L.P.? - Are you pleased with the legal services provided to you? - Specifically, how are we doing in the following areas: - Avoiding surprises? - Meeting deadlines? - Billing process? - Communicating often? - Work product? - Would you recommend our firm to others and, if so, why? Second, your concern about proving your case in the People’s Court is misconceived. Similar to corresponding concepts in American common law, burden of proof as used by Chinese courts actually describes two different components: first, the “burden of persuasion,” which never shifts from one party to the other at any stage of the proceeding, and second, the “burden of going forward with the evidence,” which may shift back and forth between the parties as the trial progresses. Except as otherwise provided by law, the burden of proof in a civil case tried by the People’s Court requires proof by a preponderance of the evidence. If you have any questions prior to our meeting, please do not hesitate to call me at 1234-5678.Sincerely, Zhang, Wang & Lee, L.L.P. Deguang Zhang, Managing Partner
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