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How do lawyers and businesses approach each other?

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Lawyersandenterpriseshowtocooperateeffectively,whichforbothsidesisaveryimportantissue OnNovember29,2008,the2008LawyersDevelopmentForum,jointlyorganizedbytheGuangzhouLawyersAssociationandtheLegalDailyJ
Lawyers and enterprises how to cooperate effectively, which for both sides is a very important issue
On November 29, 2008, the 2008 Lawyers Development Forum, jointly organized by the Guangzhou Lawyers Association and the Legal Daily Journal, was opened in Guangzhou. Nearly 600 lawyers from all over the country attended the forum. Senior officials, lawyers, as well as Tencent, ZTE, Minsheng Bank and other well-known enterprises of the legal person in charge of the forum also attended the forum and published a wonderful The speech.
In this forum, a lawyer to ask the Shenzhen ZTE intellectual property minister Wang Haibo: how to establish a cooperative relationship with large companies? Heard this issue Wang Haibo also want a question: how to find a suitable lawyer to cooperate with their own law How effective cooperation between enterprises, which for both sides is a very important issue.
The largest service market in the lawyer industry is in the enterprise, and the marketing activities of enterprises and the management of various legal risks also require lawyers to provide services. This is the two industries that need each other, with Professor Dean Lv Zhongmei, Dean of Hubei Institute of Economics, saying that their cooperation is not only related to their own survival, but also directly related to the state of the market economy legal system. However, from the domestic point of view, the two industries docking there are still many problems. The first problem is that the services provided by lawyers are often not required by the business, and the services that the business needs are, and the lawyer can not provide it well.
Where is the problem?
There is a real problem between the demand and supply of legal services. Lu Zhongmei thinks that the crux of the problem is that lawyers use legal forms of action in the past against the lawsuit, and now the legal services needed by enterprises have changed from confrontation to service. In the past, the transformation of the confrontational model into a service model is the key to the lawyer's entry into the enterprise.
Shenzhen Tencent Technology Co., Ltd. Vice President Guo Kaidian said that in the country, the biggest role of lawyers in the field of litigation, the mainland lawyers in the litigation is an absolute strength, but in other professional services, Tencent approach is to rely on Hong Kong and overseas lawyers.
Lu Zhongmei had worked as a corporate manager for three years in China's Three Gorges Project Corporation. He was responsible for a large project of 5 billion. She told the veterans that the project had to be attended by lawyers. "From the enterprise point of view, of course, hope that the law firm to provide a very familiar with the investment lawyers throughout the participation." Lu Zhongmei said. But when the lawyer came in, she saw the phenomenon can not help but disappointed: five months of negotiations to provide legal services for this law for five lawyers came to negotiate, and these lawyers professional vary, good at the project Also different. Lv Zhongmei has been dealing with lawyers in exchange for change, every time to the new lawyer to re-speak of the problem again.
When companies are aware of the importance of legal services and inviting lawyers to participate in corporate decision-making, some lawyers treat themselves as outsiders, providing services that are satisfying in ex post and temporary, lack of professionalism and professionalism. Founder Group Founder Group Microelectronics Co., Ltd. President Wang He Guang, pointed out that the current lawyers to provide legal services for the five specific issues:
First, the law firm's professional division of labor is not enough, many law firms are large and complete, what to do, but what may not be done well; Second, the comprehensive ability of lawyers to be strengthened, many law firms are graduated After the direct lawyers, the lack of experience in the work of the enterprise line; Third, there are some lawyers are full-time, especially the well-known domestic lawyers, busy to let the assistant on behalf of the disk; Fourth, preventive legal services to be In the strengthening of corporate risk is the best preventive, but now are remedy; Fifth, the law firm to provide legal services lack of systematic, often headache, foot pain footsteps.
Of course, the supply of lawyers and the disconnect between business needs can not be attributed to the former out of the problem, companies have to bear some responsibility.
Lv Zhongmei pointed out that the sense of seeking legal services is still relatively weak, the lawyers as external people, the exclusion of lawyers to participate in corporate decision-making, in the eyes of some enterprises, lawyers should only produce a lawsuit timely, this business is difficult From the litigation model of the important reasons; the other hand, the management of enterprises in the decision-making process, will be a lot of legal issues are ignored, in their eyes, these issues are not even a legal issue.
Wang Haibo said that for a long time between enterprises and lawyers, is a customer and service provider relationship, this relationship led to the status of both sides is not equal, and then led to the business as a lawyer can be free to choose, you can treat the object, ZTE earlier in the treatment of external legal services providers also exist on this issue.
Whether it is a lawyer or a business problem, both businesses and lawyers operate their own business in unilateral thinking. They do not look at each other from the height of common growth. To change this situation requires companies and lawyers to The spirit of bilateralism to carry out in-depth cooperation. As Wang Haibo said, "between enterprises and lawyers is an equal partnership, the two sides should support each other, help each other in the process of common development." This is after such a long period of development, ZTE's most profound experience.
What kind of legal services do companies need?
What kind of legal services does the enterprise need? The executive vice president of the China Enterprise Confederation, Feng, thinks that this issue can not be made in a nutshell. He pointed out that in the study of this issue, we must preset a coordinate, that is, in the current and foreseeable period of time, what kind of legal issues the most prominent in different industries, in different ownership enterprises, in different Size and different market trends in the enterprise, what will be obvious and potential legal services needs?
As a representative of the emerging industry, Wang Haibo that enterprises in the internationalization of the state, the international legal services is a clear legal needs. China's law, the laws of the United States, the civil law system, the Anglo-American law system is different, a lawyer can not know the global law, but at least should have the ability to cooperate with the global law firm, but let Wang Haibo feel more depressed, When I went to Brazil and went to Pakistan, I did not know how to find a law firm and my cooperation, the Chinese law firm often can not help us solve this problem, the result is our own to find resources.
The same is the representative of the emerging industry, Tencent vice president Guo Kaidi Wang Hai Bo is very understanding of the depressed. "In the Mainland, Hong Kong, the United States, South Korea and India, our legal departments are faced with how to mobilize the local legal resources, the results we found to help us solve the problem of the middle of the bridge are Hong Kong lawyers, almost no mainland Lawyers figure. "This is also a good understanding, because a few years ago, foreign investment in China is very much, so the Hong Kong lawyers are easily accepted by the outside world, but with the further development of the economy, Chinese enterprises to overseas listing gradually increased to China Internet Games, for example, the original domestic companies are agents of South Korea, the United States game, but Guo Kay days predicted that after a few years China will become a big game export power, and then can become the Internet's export power. In this case, they very much hope that the mainland law firm can become an intermediate bridge, to support enterprises to promote overseas markets.
Wenzhou entrepreneurs for the group, the international legal services are also very urgent. Wenzhou model advocate, Wenzhou Economic Association Ma Jinlong pointed out that Wenzhou is now facing a more, more difficult thing is the international lawsuit troubled. When foreign companies bring litigation, Chinese enterprises in most cases are not responding, not responding to the reasons in addition to our own possible infringement problems, the more important is the lack of international services to provide legal personnel.
In addition to international legal services, for the enterprise, another urgent legal needs are specialized. Early lawyers can be "contract law", "Labor Law", "Marriage Law", "Lawyers Law" and so familiar to be proud, but now if a lawyer to give Wang Haibo say this point, will not get Wang Haibo Favored. "Specialized service is a must walk you a way, if you can not provide such a road, then the enterprise will not spend the money, even if you are cheaper, and even you zero cost, I will not spend the money." Wang Haibo so Said.
As the representative of the financial sector, China Minsheng Bank Law General Manager Chen said that Minsheng Bank is the first implementation of the cause of the reform of the joint-stock banks, it is in full accordance with the development of specialized ideas, and therefore need more professional legal services. "We are a total of eight industry sectors, our retail from low to high end, our business from ordinary retail banks to distinguished private banks, each service needs level, characteristics and rules are very clear, so we need In this industry, said clearly, thoroughly, control of the lawyer services. "Chen said.
In addition, Guo Kaidian pointed out that the crisis will lead to major business problems, and even determine the fate of an enterprise, but in the field of crisis management, lawyers do not participate too much. In Tencent's history, there are several times the crisis lawyers do a very good participation, played a very positive role, so he believes that the lawyers in this one can compete for the enterprise to play a better role in promoting and protecting, This is also a great opportunity for the lawyer community.