Two mistakes beginners

Entry level novice facing the "contract", especially easy to make two mistakes. For example, the boss said to him: * * * law ah, I want to have something talks tomorrow, you help me draw up a contract. So, this guy really sincere, quickly find the format text of some kind, efficient set out a contract, to the customer....... Error out: not to the whole transaction background, foreground, mode of understanding, he rashly shots, one; he has not been in accordance with the "contract law," regulations proposed ideas in-depth thinking, to format text, to give up the opportunity to hone thinking, two wrong. The detailed analysis of the.

"What is the contract"? To put it bluntly, the contract parties to the transaction records to the whole transaction is finally formed the pattern. While the trading mode, not only reflect the basic conditions of the transaction, "the product is thought, looking back and looking" negotiations. Therefore, formation of the contract must be sufficiently for information and ideas on the parties to the transaction. If the parties to the transaction has not yet been pondering and thinking, "harmony" and "the same" where to start? As mentioned before customer requirements, explore its original intention, it closer to the lawyer for a transaction mode negotiation guidance or ideas. Therefore, at this time, the lawyer offered him, should not be a "contract" appear, but should be reference a set or several sets of transactions, the difference between the two obvious. Firstly, the two different perspectives. Transaction mode is not limited to one, according to the difference of customer transactions, purpose and conditions to distinguish between the situation, issued separately; secondly, the connotation of the two different. Obviously, the transaction mode. The more rich content; third, for different customer persuasion. Hastily issued "contract", will bring the parties "elsewhere" and blame, because this time issued "contract" has no basis, content can not be detailed, and some key trading links and is blank. In this way, the lawyer's job is not only unable to meet customer requirements, are more likely to cause customer questions about lawyers level; and to provide "trading mode", which not only provides guidance for customers, more importantly, the lawyer can stand a good, objective point of view, perfectly justifiable to customers of idea., guide the customer more invited lawyers involved in the negotiations, and discuss several scheme which is more suitable for this transaction. In this way, the work of lawyers, not only not questioned, in contrast, are more likely to obtain customer trust and recognition.

And to apply the "contract", which itself is a very lazy approach. The novice is a novice, in addition to working time is short, more important is, as a lawyer, in the face of "subject" idea is not clear, incomplete, or even blank. For example, if want to provide our customers with "transaction mode", then, for those who have never had contact with similar deals to novice, this "transaction" ideas come from? One is from the "contract" laws, regulations. Legal, regulations from one perspective is a "thinking": why is this so? Why so many regulations? Why are these to be specified in the "general", while those who are "special provisions". Of these, is a kind of thinking, a thinking of standardizing for social games. So, look at the contract law, important is to find a way through the provisions. The transaction model plan idea two is from "the format of the contract". The format of the contract is embodied in certain types of transactions in common. "One guest ladder", called "white quasi constitution". The new face of a transaction, only refer to the relevant contract laws, regulations, no reference to "contract", the white paper, students write the "contract". This process, must hold to the novice is sweating, extremely afflictive, everything can, but can not much valuable articles. Never mind, just like that, the more difficult to write the more progress in the time to come. Really can not, can not write, find a "contract", a comparison, "ah, So that is what it is!" Memory and feeling the emotions, can not forget, can not be replaced. So, for more than a few times, your steel, also as pliant. "The format of the contract" would be so used.

Litigation and non litigation

Sometimes, listening to the young lawyer said: "I only do non litigation, litigation does not do". Speech, there seems to be very pleased with oneself of color. Wrong is wrong. Litigation and non litigation of this can not be separated. Well, in the "V" in the field, there are indeed some "judicial corruption," sometimes always let some lawyers "very injured". In the course of time, to the field of alienating business, more yearning "non litigation" "pure land". But employees for beginners, if no good "v." basis, "non litigation" is not done well. "Non litigation" essence "landing" is what? "The prevention of disputes". But how to prevent if for possible disputes "point" is not clear,? And "v." to do well, actually five factors: 1) total control over the factual basis; 2) evidence of retained; 3) the legal application; 4) the trial skills; 5) network. For China's current judicial present situation, the existence of "contacts" needless to say, but the lawyer, the key lies in how to think and how to deal with the "connections". Always want to use the "black box" means to judge the corrosion, and achieve the purpose of practice, not our pursuit. And through their first four elements of professional, dedicated to grasp, and "contacts" positive, positive recognition, this should be the novice practitioners benchmarking. Therefore, in the face of "v." business, can not give up eating for fear of choking, only to see the dark side, and give up the comprehensive improve traffic types on their own capabilities. Only can easily handle "v.", can effectively solve the "non litigation". Litigation and non litigation are using the same set of laws and regulations, there is no essential difference between the two is mutually, reverse thinking. While the contract, it is necessary to combine the two. From the novice in the first few years, cereals have, to grow strong, long zhuang.

When thinking of dialectics, the simple things complicated things more complicated with the same; and when the essence and natural, and the simple things complicated things with more simple. With simple eyes look at the contract nature, we know the contract is so made.

6: compulsory for what you want to be partners

The young lawyer, when a certain degree of ourselves, become firm "partner", is a clear goal. Proof of this is their ability to self, is the industry recognized, is to continue the development of lawyer profession booster. Therefore, the pursuit is very worthy of affirmation.

But I wonder if you have not thought about, "partner" and "law" is not only the difference in the title, the nature of identity; there is not only the differences in the legal responsibility, more important is the connotation of the two occupation have significantly different.

On the "lawyer", summed up the work, two things -- what to do; how to sell. Specifically, efforts to study business, and establish their own expertise, improve customer / client service, from the "professional" angle through careful research, the lawyer business "how to do"; at the same time, but also a broad field of vision, the segmentation of target market, choose to use legal service promotion methods, from the "market" perspective wondering "how to sell". Therefore, these two themes constitute the main melody of "lawyer" occupation connotation. In view of present situation of partnership law firms, "lawyer" beyond the two theme ideas, most of them only to "suggestions" in the form of carry out, can be implemented depends on the partner's decision. Therefore, the majority of "law" to do business, in addition to this, it was "not in its place, out of administration".

And when he was promoted to "partner", meaning the occupation will undergo profound changes. Partners should strive to do three things:
(1) do their business, including the maintenance of market, customer;
(2) stood firm owner's point of view, from the macro allocation, integration of various resources firm;
(3) training of lawyers, the construction firm culture.

The three complement each other, be short of one cannot, can become a qualified partner. When the number, a partner in their business quality problems, not enough time convincing, personal decreases in firm's influence, persuasion. A set of jargon, is called "the evidence is insufficient, the claim is not supported". Although this kind of phenomenon also contains questionable ingredients, but, it is mostly the internal facts. "Don't tell me so many ideas, don't talk to me about so many thoughts, you still put their own business to do it." This is the most members of the firm to partner primary evaluation attitude. Well, this is the consulting industry directly reflects the "full stop" principle. How to say? "Full stop" principle means that the person was brilliant, performance, when made, will end -- end. Those with the brilliant performance, no direct link. To continue the triumphant, must start all over again, continue to pay hard sweat. The "full stop" effect in the consulting industry is particularly cruel, but this "case" operation in the bar industry is more obvious. Therefore, never lax, never stop, "lawyer" will be promoted to "partner", must be well prepared.

And "partner" and "law" of the core difference is that partner of the second tasks. Partner is required to operate or control of the business of the "lawyer", and is the firm owner, it must be from the perspective of institutional advantages, problems, opportunities, share, social influence...... These concerns, the development of common problems, not just to consider his "a mu 3 distribute land" what kind of questions.

They are not in the position,; in its place will be for its governance. This is manifested as a partner's basic responsibility. Partner position means not only the right, is in fact more obligations, is the risk.

Young lawyers through their own efforts, to become a partner, not good may adjust or find the feeling that this point. Because this depends not only on their own thinking, cognition, attitude adjustment, also depends on the firm level and the state of the overall cultural construction. Existing partner team form, the concept is a unified? Objective approach, method, step harmonious? Market share in the expansion, the quality can meet the needs of lawyers behind? But when these contradictions between the unity of opposites coexist, with the method of mechanism, what to solve?...... And so on, all the partners each firm feel shoulder -- heavy. Of course, these can not think, do not feel that "heavy", but if so, it can make a qualified "partner"?

Often heard people say the word "core competence", and what is the "core competitiveness"? Some people say that very straightforward -- is the kind of people to see, know and learn things don't go. Well, excuse me, what is it? Tongue-tied. And American GE summed up the "core competence" said, GE's core competence is "the design and implementation of the system the ability to face the market target". This is Jack Welch's greatest contribution. This is a let a person consider. In order to contrast our firm, our core competitiveness in what level? How to design and implementation of the system in our power? Our overall business environment, corporate culture? As the firm's owners -- partner, what are you going to do? Want to be partners of the brothers and sisters, this thought?

The source power firm development mainly rely on the partner team. Several lawyers for the, so called "job hopping"; and several partners change, called "separation". Firm cooperation and division, is not among the partners cooperation and division? To sum up, cause the more concentrated in the "both ends". The head end -- partnership concept, target, path is convergence; end, fair distribution. A number of years, some of the lessons of experience or, or, all proved this point. The disordered division, hurts really is: don't mention the past, how many storms of life....... Therefore, the "both ends" is the core of the partnership system, firm problems in cultural construction. Young lawyers if no do some psychological preparation, so as to examine oneself: join the partnership, the time has come to?

Asked him what so clear, as has the springhead. As the firm's "source", "you"?

7: compulsory for three kinds of attitude to see your partner

In the face of "partnership" two words, many young lawyers think not deep, because the body does not cut. In partnership, thinking, doing things with three kinds of attitude.

Face to face: "type"

The island of blue green military confrontation is not over, the ocean donkeys like buzzing noise again; Iraq did not put out the fire, on the river Jordan gunfire and...... The cruel struggle, conflict and collision, directly is not due to interest, faith. A number of different interest groups like medieval dueling swordsmen, "face to face" to give each other a thunderclap. Well, "face to face", this attitude is facing "rival" best "type". Because of this, you can maximize the prevention, at the same time, given the fierce attack. Therefore, when you choose to "face to face" attitude, in essence you hint: you're my interests are opposites, not you. I, I you up, you cannot move on. In partnership, if people consciously or unconsciously adopted this attitude, that each other is difficult to achieve the consistent and harmonious. Therefore, in the "partnership", the "face to face", never desirable. Because, fundamentally said, between the partners shall bear unlimited joint and several liability, is not the "type". "Harmony but not sameness, the villain rather than the same". The lawyer, the elite crowd, should know this well.

Side by side: distant convergence

Since the face is not desirable, so in the team, different individuals have different thoughts, ideas, ways of thinking, or even different expectation interests, how to do? Look into the distance. Since it is a partnership, there are bound to the common long-term interests. Find it! Side by side to look into the distance, when the last point of interest can not find, then see farther, farther, will eventually find the conjunction point. After the find, may each person will choose a different path of realization. Never mind, then, without debate about who is right and who is wrong, superior, everyone toward the distance that fit to run side by side. See who ran in front, path to see who choose the most conducive to the close to the distant convergence of objectives. Run in front of the people, naturally become the leader. Let the market with the "invisible hand" of the people, things, objects placed in it in the position, all self-evident. "Side by side" out of the most let a person be sincerely convinced. But along the journey, if fortunate enough to feel the happiness and help each other with force, then, Congratulations, you find real walk with you "partner". With such a person, you can with him:

Back to back: open and sincere

When a person is the "heart" to you, he is not open to you, the sincerity is really sincere, not "put on airs", this is the true state of partnership. Is the interaction between people to get along, he will also require you to "heart" to him, the back-to-back attitude once formed, breaking the benefits. Everyone has weaknesses, have "soft rib", if a person is at high speed, but also distracted camouflage or protect their weakness was not found, weakness is not just, it is a very tired matter, reach also directly restricts the pace and goals. And when the trust each other to some extent, will remove the disguise and armour, go to the battle-front without any burden. Therefore, trust, support and cover between the partners is particularly important. And this kind of back to back posture, also means a potentially high risk. That is, when a person using back posture in the initial stage, we also obtain the same response partners, but in the process he has quietly changed the original intention, slightly twisted neck, heart and eye sight with their partners, the catastrophic consequences that may arise. Because of this, your partner is open to you, is the most easy for you hurt, but once his unguarded sincere is used, be deceived, hurt, back to back will collapse instantly, replace sb., many would be "face to face".

And those of us familiar with the game rules of society's elite, why should the "partnership"? To put it bluntly, not to "shake clever", calculate associates, but to help each other, foster strengths and circumvent weaknesses, in the market, obtain the biggest benefit legitimate. Gentleman's love money, in the context of the market economy, needless to say. But the key is to "take the money", and this way, the first solution is to "gentleman" to get along. Throughout the groundless talk, skelter, can not help but ask, hold high the banner of "integrity" of the US, in the face of their partners, and "good faith" geometry?

Face to face, shoulder to shoulder, back to back three different partnership "attitude", worth pondering. With this principle to look back -- "partner" this question, you may feel a bit:

"Divided" confusion

1. partner "points" -- who, on the basis of what?

2. 's classification, and the distribution of practical interest? If not linked, then the classification of what the true meaning? If there are other role, has nothing to do with the allocation of interests so, this kind of "role" must be solved by "points" in this way? If the distribution of interests and reality, it is "past contributions" as a reference, or to "get" the future benefits for reference?

3 if "past contributions" classification, that is about to see "the past contribution" will give people, what's left to the office. And these things left if not transformed or cannot be quantified into "real benefits", and with what take "past contributions" to measure the real quantitative interests?

4. if "the future benefit" grade, it is just a contingent, has not yet appeared, and with what take future possibilities for the realistic necessity of Qi?......

This is also wrong, it doesn't work, how to "split"? Some people have asked this question, but in fact, the logic and the question has entered "the cat by the tail" of the cycle. I'm afraid to jump out.

Partner's level is not man-made "points". Because if that's the case, it is a strong partner "face to face" to tell a minority partner, "you than I, and I want to get equal pay for equal work, with shares of the same rights, no way!" This partnership results can good? This is called the "partnership"?

In fact, the partners "level" also is objective existence, but not human "points", but formed naturally in the market. When a partner "side by side" to the convergence of the distance, before and after, is a natural formation, who do not divide. And before it rigidly queue before practice, contrary to the laws of the market, this is not the true sense of the "partnership".

The lawyers work for twenty or thirty years, and now we are still at the start-up stage in fact. Toward the distant, toward the future, in a fairly long period of time will be the main theme of our. Abandon consciously or unconsciously "face to face", "shoulder to shoulder" run, come up with their own "back to back" the undefended sincerely, tomorrow, it is possible to better.