Key school and enterprise legal risk management law advanced skills Seminar

How to build the enterprise legal risk of top management team

 

Compere: each lawyer good morning, is by Wang Silu lawyers gave a lecture to us today and in the afternoon. Lawyer Wang is responsible for the man of wisdom of the lawyers' network, but also the Yingke Law firm partner, is China first hundred lawyers, 2010 year Chinese hundred lawyers. King lawyer or Southern Newspaper Media Group Legal Expert Advisory Committee, Professor of China University of Political Science and Law, guest lecturer Zhongshan University distinguished professor dotting the school manager studies, but also for hundreds of units to provide legal services, but also in research and practice of our country government and the enterprise legal risk management guide.

The morning of the topic is"How to build the enterprise legal risk of top management team"Now, ask king lawyer.

 

Graph / lawyer Wang Silu

Wang Silu: everyone has heard of the first few classes? Ye Xiaohua teacher, teacher Wu Jiangshui front, they all talked about the legal risk management of lectures, you heard not?

Audience: heard.

Wang Silu: I want to ask what is the legal risk management? Who can answer this question? In fact, the legal risk management is a new thing. In our country the lawyers on legal risk management research and practice of the law is not much.

The concept of legal risk management

First,What we want is the definition of "legal risk management"? Each study on legal risk management of lawyers have different interpretations, but I think clearly what called legal risk management is a very important premise. In the long-term work in process, we believe that the legal risk management is a cross subject between law and management. The law is a skill, is a professional, you use this skill to serve your customers.

What is the legal risk management of the law? The law of this skill as a resource for enterprise management and service. The ultimate goal of legal risk management to customers develop, is this skill in customer service goals. According to the enterprise, is the enterprise legal risk management.

So what is the enterprise legal risk management?It isIn management science perspective, using theThe law, the law is a kind of management resources, legal use this skill into enterprise management, help enterprises to achieve maximum benefits with the minimum cost.

Unlike the traditional understanding of legal skills, legal risk management is not to solve the enterprise a certain legal issues, not to fight a lawsuit for enterprises. If the enterprises want to sign a contract, lawyers involved in the negotiations and drafting a contract only, it still stays in the legal skill level. While the legal risk management of the considered problem, solve not only legal issues, but also pay attention to what time need lawyers involved, what time does not need a lawyer to intervene, because lawyers involved in the cost. Also, what use the format of the contract, what time can not use the format of the contract, which is on the risk and cost control. Only this time, can we talk about is management. If only the law as a skill, it services to customers, often will consider whether to help customers achieve zero risk. In fact, in management science of law, is the legal risk management. Because the target if it is zero risk, so is the zero profit. One of the important content and legal risk management helps enterprises -- quantitative analysis, analysis of risk rate is high, and then by the enterprises to decide whether or not to take the risk. With the traditional legal this skill understanding is different, must first be clear about this point. If there is no clear this point, it is difficult to understand the difference between traditional legal risk management and legal counsel. What is your opinion?

Audience: I very much agree with the teacher's point of view, is the entrepreneur in the process of operation is inevitable to take certain risks, but the preference and enterprise operation depends on the enterprise risk capacity. But we hope that can hold a number of enterprises in the operation process of some adverse effects, but also the legal risk.

Wang lawyers: then a question, I heard some students say, legal risk management in our country, there is no market? What is the difference with the traditional legal consultant? What do you think of this problem?

Audience: legal adviser traditional belongs to a kind of remedial measures, and the enterprise legal risk management now talking about is the advance guard, the risk for some law firms may occur on, prior to take measures for system management.

Wang Silu: in fact, legal adviser to the traditional process in practice, but also regard the law as a skill. Let me give you an example, two weeks ago, we performed the legal aspects of training for a foreign legal consultants, the morning is to do foreign contract aspects of training, the afternoon is the human resources management legal training. Especially in the human resource management training, they all find everything fresh and new feeling. We demonstrate a very important concept, which is legal risk management in human resources management, how to help the enterprise to realize the prevention and control of legal risks of human resources management effective use of human resources cost expenditure to the minimum. The staff has been to the whole process of how to help him leave, established between cost and risk prevention of the balance? As long as the managers think that we are in him, he was especially interested in our enterprise human resources management as the main line services, is the law is dependent on the entire business operation process and management system of enterprises. They think we in this industry many lawyers did not do it, so he need a lawyer to lawyer's job dissatisfaction. This is the difference between the traditional legal services and legal risk management in the value of.

Today's topic is "how to build the enterprise legal risk of top management team". We all know that the traditional arbitration litigation can be solved by the individual lawyers. With professional level and experience for you, with the last assistant, can be the perfect way to an arbitration or litigation deal. For some small enterprises to provide legal advisory routine can be completely alone, but the enterprise legal risk management business, it is difficult to finish. Legal risk management main service object is the medium and large enterprises and government agencies, many people think that the legal risk management is the enterprise legal risk management for the government, in fact, is also very effective.

The government two plate is the most important, is in urgent need of legal risk management:

The first plate is how to avoid the emergence of group events and public events. In the prevention and control of the group events and public events, legal risk management have great market, but also has a great help to the government.

Facing the second plate is the government and public events, group events problems, lawyers serve as government spokesman.The management level of professional legal risk high lawyers to act as the spokesman of government? This is the demand of the government, a space is also a lawyer business development. Guangdong provincial Party committee in recent years specifically for government spokesman was carried out some reform. In fact, the most suitable as a government lawyer agency spokesman. In this field, will be a larger market space for lawyers. The government agency spokesman, their work based on the situation to consider, subject to many restrictions. The lawyer must have the independence, because he is authorized to speak, so in foreign speech, can have the leeway. Second, because the lawyer is crisis management experts, to deal with a large number of arbitration proceedings, accumulated rich experience, can be instead of chaos. So there's a big market for the government legal risk management, which in practice is somewhat lacking in.

Return to the enterprise legal risk management, team based intervention is aimed at large enterprises, but for small businesses, there is no help? Legal risk management research of lawyers that "legal risk management" service is the existence of the dispute. In fact, in the course of our work, experience of my own is the legal risk management also have great market space in the small and medium-sized enterprises. Legal risk management is to maximize the help your clients with minimum cost to achieve the interests, the concept is the most fundamental concept in the service business. You think about it, not only small and medium enterprises, is the person is also need this service. The lawyer service is really out of the ivory tower to pay attention to customer concerns, the legal skills into customer needs to go, and service to the customers, this is a very important point. So for small businesses and even some celebrities, to use legal risk management of this concept to provide service to him, with the traditional legal consulting service is different, also have the corresponding market space. So in the experience of our work, legal risk management is a revolutionary service to subvert the traditional legal system and include the traditional legal adviser inside the corresponding content.

For medium and large enterprises, is the need of team, no team is no future. Because the legal problems in large enterprises which involves many aspects, conventional contract risk management, human resources, legal risk management of two important plate. And for some to better develop even listed companies, corporate governance structure plate is also very important, the intellectual property management of high-tech enterprises, it is the legal risk of enterprise content. If there is no legal team, is impossible to do the work well, so for large enterprises he needs legal risk management team.

This morning is the subject of how to build the enterprise legal risk of top management team.

This topic is mainly divided into three parts: the first part is the introduction of legal risk management of some of the top enterprises of China team. The second part is to introduce the value and significance of the construction of enterprise legal risk management team. The last part is the core part of the lecture this morning -- how to build the enterprise legal risk management team, what is the key point to construct the enterprise legal risk management team?

A legal analysis on the risk management, the top enterprises of China team

In fact, the lawyer in this industry and any other industry is the same, you can not do the car door, you must stand on the shoulders of giants, must learn about the giant can have better. Our lawyers in this industry has a problem -- many of them are two ears do not hear the window, just do their own thing. If you are with a broad mind to face the top master in the industry, learning their strengths, find our own things, then you will have in the future. I think from the customer service as well as lawyers for the development this is very important. Below I introduce the characteristics of legal risk management team Chinese leading enterprises.

(a) Chinese legal risk management preacher -- Lv Lishan

First to introduce the Chinese legal risk management preacher -- Lv Lishan. Did Lv Lishan tell you after class?

Audience: No.

Wang lawyers: Lv Lishan is an American, he speaks good Mandarin, received a doctor degree in law from American, also in the America law firm for eight years, but he did not feel to America lawyers that "knife light see blood" expansion of culture. I was deeply impressed, Lv Lishan's view is the same with me. Two weeks ago, with USA there law firm cooperation in handling a case: a tour of Guangzhou to USA out of the car accident, two dead eight injured. They all claim in America and Guangzhou, so we need to American there with our law firm, with USA communication, but they clearly told we cannot provide any file. In USA, between the lawyer and the lawyer's case the communication is very conservative, Lv Lishan talked about this in his book. In the words of Liu Guiming, Lv Lishan is the new China Bethune, a person has the dedication, so he can't adapt to the characteristics of American that lawyers work. He was USA work eight years later to Hongkong, he Hongkong through this window of the Chinese. Enter the world in this century ten of the law firm, and then sent to the Beijing office. However, in Chinese, he is not in the law firm Beijing office, but in a big Canadian company Asia headquarters, the headquarters in Beijing. His counsel on the inside of the work, then to Lu Wei LLP Beijing office to do the responsible person.

At this time, Lv Lishan first put the concept of legal risk management as well as his theory, the introduction of China template. In foreign countries, legal risk management is to depend on the risk management. The last century two, thirty time put forward the concept of risk management. Then why mention the concept of risk management? Because of the economic and legal aspects of looking for a lot of business advisory services, that continue to be service, continue to pay tuition, or will be constantly. Then in the last century two, thirty time when, produced a study of risk management. Fifty time became an independent discipline in American, seventy time is generally applied to the enterprises and the government. In Chinese, legal risk management is in the beginning of this century by Lu Lishan sermons and came in.

In 2005, Lu Mountain and make full use of Lovells firm in legal risk management and the concept of template, spent three months on the Chinese 100 strong enterprises as a legal risk assessment, then issued a China 100 strong enterprise legal risk assessment report. Prior to this, Lv Lishan has a close correlation with the SASAC, through lectures and other means of SASAC marketing his philosophy. The report was issued in 2005, the SASAC legal risk management in international forums, caused great repercussions in China; in 2006, the SASAC issued a formal document -- "central enterprise wide risk management guidelines", not only refers to the legal risk management including financial, market operation and other risk management. Can say legal risk management of China's rise to national policy is the Lu Mountain drive. In 2007, the National Association of industry and Commerce has issued a document advocates, legal risk management in our country private enterprise.

Lv Lishan at the law firm, he in the legal risk management of these ideas to our national policy, in order to have a larger share in the market China, he told China's domestic top law firm cooperation alliances, he provides templates and when the union chairman. For example, Shanghai Kam Tiancheng law firm, Wujiang water attorney in Zhejiang the day book law firm and the law firm, guangdong. In fact, our country in the legal profession, law firms in many professional lawyers legal risk management services are influenced by Lv Lishan, were born in this league. For example Shandong Deheng Law Firm, the Shao Hu Luan in this area is also a very famous lawyer, is the vice chairman of the alliance. Lv Lishan in the last year to leave the law firm to the Shanghai Kam Tiancheng law firm, which recently went to Zhong Lun law firm. We will have to question why Lv Lishan from the law firm to the Shanghai Kam Tiancheng law firm, later to Zhong Lun law firm? In fact, as far as I know, Lv Lishan is a preacher in Chinese legal service market, provide legal risk management services for China's central enterprises, as it is difficult for foreigners to intervene. There are several important reasons: first, it relates to national security and state secrets. In this case, foreign capital is difficult to intervene in the plate, including some top foreign lawyers of our law firm. Because the legal risk management makes an enterprise in a foreign state and is fully understand, this is the first reason.

The second reason, China currently in the rule of man to rule of law transition stage, the rule of law level is not high, is still in the process of pursuing. Then the text on the law and the law in reality are often out of joint, the text of the law is dead and the reality of laws is alive. In this case, if the Chinese conditions without understanding, there is no way to do this work. Especially since the law from the text on the law and reality, if not rich in arbitration, litigation experience, then you have no way to provide legal services in place. Based on the reasons mentioned above, foreign capital is difficult to legal risk management in our state-owned enterprises, but simply a role. But why would Lv Lishan enters Zhong Lun law firm? China's enterprises to overseas face legal risks, considering from the angle of legal service market cake, legal risk management of domestic legal fees far below our enterprises to go abroad and legal risk management need foreign companies the cost of. So Lu Mountain enters Zhong Lun law firm is an international brand of lawyers and our brand firm cooperation, they can better explore the market. For them is a cooperation of the icing on the cake. You have to understand the legal risk management team on Lu Mountain.

Audience: I think Lv Lishan lawyer this team with our team is a bit different, such as their law firm is taken by the international rules, because we had studied in europe. The team has not the same place and our team: the team has specialized marketing team, they do not do business, is only responsible for market development. In addition to their own product development team, is that they do not do business only product development, combined with the characteristics of the lawyer to market selling point, the market some products. And our domestic law itself is a product designer, product marketing and product providers, three-in-one, difficult to adapt to market competition.

Wang Silu: you do some research on this aspect, in fact China Kindu law firms, Zhong Lun law firm Lovells in learning the international top law firms, but study hard enough. In popular language, they are divided into several sections: the first section is the professional people to do professional things, he has a special team of lawyers to do business. Their lawyer team to implement the management of the company, I do the simple introduction to the construction team here, later I will systematically. Second, they will develop the corresponding product. In the high-end market in non litigation, no product is no future, he will pass the professional lawyers to study the corresponding template. His product is two concepts: a professional lawyer products, there is a professional lawyer do template is also a product. The third aspect is very important, is also our country law firm serious lack, is a non legal person to marketing lawyer. He has to develop the corresponding marketing team, equates to star broker, broker will put the star to fully understand, have a reasonable allocation mechanism between him and star. He used his professional marketing means to display the lawyer the biggest bright spot and his products to the target customers, this is very important. Any lawyer team, as long as the R & D personnel, professional lawyers and marketing personnel with good, so in this market will be able to stand on the peak. This was still in law firms in China continue to explore the process, can achieve this point is quite small, on the team building I will fully developed. This is the first we're going to talk about is the Lu Mountain team.

(two) the Dacheng Law Firm

And then down about Dacheng Law Firm.Last year I leave at the end of Dacheng Law Firm, to Yingke Law firm. Dacheng Law Firm is a firm that wants to do a real lawyer person is yearning, it does have a lot of celebrity lawyer. In this section the legal risk management, several top partners are attention and intervention, director Peng Xuefeng, a founding partner of Xiao Jinquan, Xu Yongqian, Xu Yong to say no? And Qian Weiqing, Qian Weiqing a lecture? There is a strong, the lawyer Lv Liangbiao, too?

Audience:. The coming.

Wang Silu: Dacheng Law Firm of great research and practical experience in legal risk management of this plate is, it is a true sense of partnership law firm, each partner below can create their own team, have independent space in his style to do. My feeling is Dacheng Law Firm lawyer is more like a lawyer. Dacheng Law firm for the central enterprises to provide legal services representative -- service team Xu Yongqian. Construction of China Mobile communications group legal risk management mechanism is started in 2004, completed in 2008. The mechanism is mainly depends on the team building, completed the construction of legal risk management mechanism, feel the need to improve, hired Dacheng Law firm. Completion of this work, Xu Yongqian will have the effect of central enterprise legal risk management model and experience.

Then Qian Weiqing, he served in the army, from the grass-roots court to the Supreme Court, 99 years out of a lawyer, he is come from the rich arbitration, litigation in the. He serves mainly for private enterprises, in 2003 began to pay attention to the legal risk prevention of private enterprises, Wahaha and Danone dispute of international commercial disputes is he interventional treatment. He recently made his legal health management legal risks to private enterprises. Yesterday he in Guangzhou's south of the Five Ridges forum, in a lecture -- legal maintenance life. The concept of legal risk management is imported from the west, legal risk management is to regulate the customers through appropriate means to achieve the purpose of risk prevention and Control Act, and the law of health Qian Weiqing is what concept? He is mainly from the controller inside the perspective, the legal science of health preservation with legal risk management is equivalent to the relationship between traditional Chinese medicine and Western medicine, but the goal is always the same. I think the law of health Qian Weiqing study which cannot be separated from the legal risk management, but in some ways he there are marketing elements, because the high-end customers are more concerned about the health, legal means as a kind of health to look at, I think from the perspective of marketing to see him with his value.

Attorney Lv Liangbiao is a thoughtful, can write can tell the lawyer. He joined the time is not long, but his personal potential based on, and provide a platform for him, he has become the leader in the field of law. In the legal risk management section, I think he is a preacher, he to the enterprise legal risk management is of great significance. This is based on the Yu Dacheng law firm, and I believe that if he had his own team, will be better. There is a big legal risk management team in the lawyer's office of the situation here no one understand? Just tell the lawyer Lv Lishan team.

Audience: Dacheng Law risk management team, is a dream combination temporary received in the mobile communication group business, has more than 20 senior lawyers involved in the. I feel the team the main benefit is involved in legal risk management mechanism of mobile communication group construction, truly mastered the large enterprises and state-owned enterprise template, is a real guns and bullets. After the game, we will all return to their team to go. The Qian Weiqing team itself has a marketing team, market analysis, design a product concept marketing. Because the highest state of marketing is an idea rather than a product, Qian Weiqing achieved this point. As for Xu Yongqian, I think he is more of the research institutions, such as the national standards committee, crossing the river by feeling the stones, and create some achievements in legal risk management.

Wang Silu: that is to say, law firm with his hundred years of experience as well as the template and international level, coupled with their marketing means to the marketing of our national policy, whether this concept? A prerequisite for law firms have their own professional skills, deep understanding of China situation, our country state-owned enterprise legal risk management, intervention to get official recognition is this?

(three) - dimensional law firm

Speaking in front of all large law firm, to introduce below, in fact, legal risk management, small law firms can do. Lawyer Chen Xiaofeng class you heard? You have never heard of Chen Xiaofeng suggests that you are not enough understanding to the legal risk management.

Audience: heard of, doing justice Bao software.

Wang lawyers: last year I went to Chen Xiaofeng's home in Houhai, he is very open to embrace us with a broad mind, and we speak with fervour and assurance for more than five hours. In this section the legal risk management, Chen Xiaofeng is a character, he has a special legal risk management of triv law firm. Chen Xiaofeng's 2008 previous experience is not to be found on the Internet, in 2008 after many places left his mark, they have a team devoted to the study of legal risk management, ed about the legal risk management of more than ten books. He told the Peking University law school cooperation, set up a research center of enterprise risk management, legal, later renamed the Institute of risk management of enterprise law. By his own research in the field, run on the director of Legal Risk Management Committee of Beijing lawyers association. Reportedly, the legal risk management committee is a committee of the Beijing municipal largest. Chen Xiaofeng founded the triv law firm heel Lu Mountain to seek for law firms to cooperate in Shanghai, northeast, Guangzhou, he did the alliance leader. He also established Research Institute of risk management of business law at the Peking University law school, and Management Institute of the Joint Forum, the Chinese listing Corporation released the legal risk assessment report. As far as I know, Chen Xiaofeng and his team is a bit of a mystery but he is not bad money, not bad money means he has a market space. In the field of marketing, Chen Xiaofeng Ye Maozhong left traces in their own development. Ye Maozhong is the top master our marketing field, and Chen Xiaofeng said Li Qiang trainer was his brother. Therefore, Chen Xiaofeng's marketing planning and training speech, are first-class in China's lawyers in. He said his team can check out the legal risk of a central enterprise more than 3000 in three days. Chen Xiaofeng from the development point of view, small law firms can also have the legal risk management market. We have no Chen Xiaofeng in legal risk management team of this knowledge? You should understand?

Audience: of course, Chen Xiaofeng has its own team, but he is the most core part is: first, through his research institutions jointly launched a dozen books, this is the results of their research. Second, they combined with Li Qiang such high-end trainer, and Ye Maozhong the top marketing and China times jointly launched a variety of legal risk management forum. Research institutions, with the help of external professional marketing planning agencies and media add fuel to the fire, let him become China's most influential one in the field of legal risk management of lawyers in a short span of two or three years. If he is only common route, rely on internal R & D and internal marketing, will certainly go not so fast. Because of the large into the team have also done a very long time, money Weiqing them from 2000 has already begun, with the accumulation of time. But Chen Xiaofeng is by the professional organizations to plan, and they use the technique has exceeded the lawyers of the imagination. In fact, their marketing gimmick not what mysterious, It is quite common for the business community. Later in the BOC law firm in certain degree was also borrowed this method.

Wang Silu: Chen Xiaofeng in the Chinese lawyers should be top commercial marketing master, if he have the legal risk management services team more professional, so he will go further more, have a greater share of the market.

Audience: This is why Chen Xiaofeng lawyers can do four two dial one thousand jins, then gradually improve a development team after the master discourse. If according to the conventional technique, to construct internal team to promote, it takes at least seven or eight years, but the lawyer Chen Xiaofeng is only two years to achieve this effect.

(four) Zhongyin law firm

The fourth part introduces the legal risk management team BOC law firm. There are no lawyers on Zhongyin law firm web site? It reveals two ad, "listing Corporation founder, legal risk management", Is it right? So ah? Zhongyin law firm is China's heavyweight law firm listed in this field, especially in the domestic market. As we all know, the listing Corporation is very natural in this plate of legal risk management, also is the most important target customers. BOC law firm listed business, he has many customers in this area, and this is the law of risk management in the largest cake. Zhongyin law firm, is Zhao Cenghai, Zhao Cenghai is a professional and marketing is very strong comprehensive ability of lawyers.

We all know that Ye Xiaohua is what person? Ye Xiaohua's class teacher you the first class just heard? Ye Xiaohua after graduation in Anhui did the teacher, in 1995 admitted to graduate students. In 1995 he and I don't know, I told him not to know, but I understand his thought. In 1995 he was admitted to the Peking University graduate, I am 95 years admitted to Peking University graduate student, but failed in the exam. I go to my alma mater Zhongshan University graduate school. Ye Xiaohua 98 years the economic law graduate students after graduation, in worked in law firms and management company, and later to America abroad, obtain finance MBA in American degree. After returning home, because of his personal experience, Ye Xiaohua management consulting company with some of China's top university cooperation in the sector of legal risk management, is mainly from the management angle of view to construct the legal risk management template, he is an advocate of fine management, is also this aspect do experts more refined.

When it comes to the quantitative management of legal risk management, to the legal risk management process to do a simple introduction. Each team of legal risk management processes are different, but all the same.

 The first is to assess the legal environment. That is to say, the target customers of external legal environment and legal environment to do a survey and assessment. For example, the external supervision, law degree, competitors, industry risk, customer risk preference, the internal structure of the system, the degree of perfection. In terms of services or the marketing point of view, has great significance to a legal professional environmental report. This is the first stage of the legal risk management. This stage is equal to the prelude, is equal to the University before the preview class. After the enterprise is approved you intervention, intervention after the recognition of legal risk, really started the first stage.

Evaluation of the second stage is the legal risk.

Prevention and control of the third stage is the legal risk.

Maintenance of the last stage is the legal risk management system.

To assess the legal risks in the whole process is very important, in the assessment of legal risk is divided into two parts: a qualitative analysis, a quantitative analysis. Qualitative analysis is from the law to the law, according to legal risk investigation's condemnation, in violation of the regulations lead to what consequences. Quantitative analysis of what is the concept? Quantitative analysis is a part of the quantitative management inside, quantitative analysis is the key to determine the accident rate situation, it is very difficult to. In this study we practice of legal risk management in the quantitative analysis and translation is always a failure of industry. Later we will see the problem about quantitative analysis, to introduce to you here. For example, according to statistics, in percentage of the representation of the results of quantitative analysis, the accident rate is probably how much? 80%. We now have several enterprise legal risk management services, there are also private enterprises, we believe that this analysis is invalid. As the lecture started, some lawyers asked me this question, from the feedback situation is good or bad, need to be perfected. For an act in the reality of the accident rate, to 80%, the 70% is how to be counted? Statistics from the existing dispute in the case, this is not accurate. Because there are many of you don't know "black number". In addition, this way, from the management perspective, easy to mislead the operator. He believes that the accident rate of 10%, that is not a problem, the trouble. You might ask, how do you get? I think the quantitative analysis, should be high, low, in this division, can't completely according to the statistical data. In fact, quantitative analysis is mainly based on the lawyer's arbitration, litigation experience, such as false qualitative analysis of registered capital is? What is the false registered capital in case violated the provisions of criminal law, is less than three years in prison, this is called qualitative analysis. Then the quantitative analysis? If I give you a false registered capital of quantitative analysis in the quantitative analysis, later I would say the accident rate is extremely low, why the accident rate is very low? False registered capital is the highest legal sentence of three years in prison, the prosecution for a period of five years, after five years will no longer pursue. In practice, there are a large number of companies false registered capital, a contract fraud or tax evasion, only behind, will be involved. Then the quantitative analysis we show that the accident rate is very low. You may ask, if abetting crime? This is not, we make this judgment is the duty of the lawyer category, which is a return to the lecture before I give you an idea about: the lawyer is stem what of? The lawyer's goal is not justice, not just. If the police say he is impartial, procuratorate said he is impartial, the lawyer said that he is fair, there is no justice. The lawyer's goal is to help the parties to achieve maximum benefits with the minimum cost in the existing law frame, a quantitative analysis is the work to the customer the lawyer responsible in this case a, this is a key point.

Further down is the entire system is open, has formed a management process, the formation of the template by computer software. In the maintenance phase, according to the new enterprise policy, laws and regulations to adjust, enrich to this process, documents, system inside, the possible problems in the process of enterprise operation will issue a warning, disputes will sum up experience, improve the building template. This template is to rely on the management of consulting company and software companies. In general the template part, is composed of several aspects of legal professionals, managers, software technology are combining to make it out. But be wary of a problem, as this does not understand the professional legal risk management how to do? No problem, the main work is really an enterprise service is professional lawyer. For a legal risk management template training, a week can be completed, you may not know this thing before. But you know this template after contact with the concrete work, contract management work such as the need for professional lawyers contact. You have to really study the plate in school, work out after immersion in the field of contract in three to five years, and must be treated more relevant aspect of this arbitration, litigation in our previous work, in order to deal with this work. With the growth of your own, has the very big relations incentive mechanism of your team. If you are alone, all lawyers, west east hit one gun shot, it is very difficult for you to do this work, it is difficult to accept this kind of constraint. The intensity of work particularly large, demanding. But if you don't pay attention to arbitration and litigation in the senior white-collar, nature of the law of corporation operation called the team of lawyers in this work, then you can only reach the level of standardization and can not reach the perfect level. What is the standard? It is specious writing on the table to the good-looking but useless level. Method and the text Chinese reality of law is out of touch, ask your arbitration and litigation experience. So you must be this type of law, and that the word does not succeed team training incentive mechanism not such a person. The back story involving this section. In fact in legal risk management work, cut into the legal services on your body of professional skills. So, you do not have to worry about no market, do not think that this is the management and lawyer. Attorney Ye Xiaohua is itself very understanding of management and has certain legal skills of lawyers, he told Zhongyin law firm hand in hand and make full use of Zhongyin law firm which resources advantage service, behind his market space is be obvious to people, you are not on the Zhongyin law firm I just say that understanding?

Audience: I have a question, I have to get to know Ye Xiaohua's website, he issued are exponential law risk industry, area and company, whether his team has some itself is very understanding of various professionals? For example, the energy industry, chemical industry professionals? Another, he is a senior LR test software, as long as the listing Corporation in accordance with the requirements of input data to test the level of legal risk it, they have the computer software team?

Wang Silu: you ask the questions you on these has the attention. Ye Xiaohua's management company can be found on the Internet, there is a China legal risk management network. In fact, he formed a partnership with many organisations, he combined quite well in the legal and management of these two aspects. First, he has a corresponding resource. Second, he launched the investigation report this to cut the big enterprise legal risk management. He issued a diagnosis report or legal risk test software to the enterprise's own risk assessment, we can obtain the corresponding data. He has the skill, but is more of a good marketing tool. For lawyers, I think you know marketing their own products is a very important skill.

Audience: you mean he created a report or software is mainly used for marketing, rather than using the enterprise to go inside?

Wang Silu: because nothing in this field who has had very successful cases, all in the dark. Legal risk management is a worldwide trend, in the world are walking in the dark, need to constantly sum up.

Audience: do you think Ye Xiaohua's management team took over the management tools, he has the mathematical models, computer software, and he himself with the State Department, Academy of Social Sciences, some cooperation, his grasp of the macro data of many countries, and that this situation he told Zhongyin law firm combination with lawyers, combination, formed a very strong competitive power?

Wang Silu: I think he will have the corresponding market space. Later we will introduce him to the private enterprise system of state-owned enterprises and the service fully market oriented service is different. In view of the system of state-owned enterprise service but also reflect the characteristics of our country, have a great relationship with the enterprise service policy is needed, and the enterprise requirements of services you offer is a must satisfy the enterprise index color. While the private enterprises will pay more attention to his actual utility, such as lawyers, you ask him what is good lawyer? To solve the problem of my lawyers are good lawyers, you read how many lawyers, professional level has nothing to do with me, can effectively solve the problem of my lawyer is a lawyer. But the legal risk management in the private enterprises involved, there may not be systematic, more may be "Sanda", but private demand is effective. To some extent what he asked? Considering cost, he asks you to correct the idea, is to maximize his benefit service. Further down is required by law to risk management. He can really realize the value-added benefits. The private enterprise market need is effective service.

Audience: as far as I know, Ye Xiaohua company is doing the listing Corporation listing Corporation index, but most are state-owned enterprises, if they pursue a standardized effect?

Wang Silu: I believe that the teacher and the combination of Bank of China will keep pace with the times. In our country, the legal risk management team law firms are not many, the representative of several.

Two,Creating the enterprise legal risk management team significance.

(a) loners decline has come of age

I think the loners decline has come of age, it has no future. Twenty years ago, in China's foreign business and other high-end non litigation business, leading man is the beginning of the last century heading back to lawyers, they just come back no experience and no master, with their shares ChuangJin self-taught, and become the leader of our law firm.

Two months ago, an article on a comprehensive law firm in the net that China is now legal services and foreign contrast is in the initial stage. In talks with the lawyer asked me, now can I hit a fresh record way? I'm very frankly, the legal service market in a monopoly status. In this case, in the absence of experience case want to by your ChuangJin intervention a field is quite hard to break a piece of heaven and earth, alone is not suitable for this time. Because there were many new areas of cultivation, and now very few. More than a month ago, we in Shanghai's all a lawyer Zhang Shiju, his former occupation in Ningbo, is one of the more successful young lawyer. His image is good, eloquence is good, have the marketing consciousness, then to Shanghai Pacific institute. We invited him to give us a lecture, lecture before a demonstration: in a large container. There are big stones, and then try to put it into a large stone, it won't go in, and then take the stone is put in to fill. Through this example to explain what the problem? He said that the legal market are barrister monopoly, now we also want their entry to big lawyer, not into, how to do? We can only cut they didn't do business. What do you think of this problem? First ask you "do not it wants, I open up the lawyers don't market" what do you think of this problem? Agree with this point of hands.

I'm very frank and told everybody, I admire the lawyer, but I don't agree with his point of view. The potential field of legal services to customers is the same to the lawyer and the insurance salesman feeling now, are you fooled many times. Never come into contact with the clients, you think a way in his business, even if you get the business off, also a thankless task. You think he gave too little money, he will hate you than his driver, the driver is 2000 yuan / month to do a week. He thinks that you're not, call up, make a report to say the money. So for example of this is easy to understand. The most typical is, a girl is not talked about love, you to her motives need how long? You can think about this question, many male lawyers. I think he this view is not in reality, do not pay attention to those customers who did not have no contact with lawyers, recognizing the importance of lawyers.

We are now in a marketing infested era, so who is our customer? Our customers are contacted lawyer quality customer. We must use our ability, our marketing means to take it into their own customers. Then you must achieve this point should establish legal team, for example, now I ability is insufficient, the starting team to do or I have contacts, the advantage of my contacts in exchange for my professional contract, shall be cut in order to have a market. So how do you get customers to take it? The eight words "I have no people" is not the others you have; "I have excellent people" is what some of you be better than others. In fact, as long as you clear goals is not hard to do. If the goal is not clear on the trouble, for example, always go for the customers who do not know, do not understand the legal services lawyers is invalid labor. What are the customers? Don't call here, our country has a lot of good lawyers is not the market, because they start is the weak voice. For example, in the real estate market for legal services, some lawyers began to pay attention to the owners, who have good eloquence, high level of service, the integration of marketing means, also had many monographs. Finally, want to provide services for developers, but developers believe that there is a problem with this Law in one's heart, that he was small owners voice, don't believe him, so he is no market. I think a lawyer by paying attention to vulnerable groups to reflect your focus on the process of rule of law, reflect your conscience, should do, but you have to live. Attorney this occupation with commercial components, so the target customers are high quality is particularly important. If you look at is not a big cake, may spend a lot of effort have no corresponding effect.

(two) team in hand, no worries

The second aspect is the team in hand, worry free products. In view of the legal risk management, you must pass the team to the product development. In fact, many products are belong to this kind of situation, if no team, you can't finish the work. Such as the legal risk management in this template, we will have to be responsible for process of the plate plate, process often need him management background. The process is what they should do every step, every step should involve what documents, should pay attention to what the problem? When starting a business services, will have the procedure division to carry on training to the professional lawyers, process division of the legal need not be very high, but for the management of the affairs of the requirement is very high. A lawyer is very easy to make is: you want a person independent R & D products is not possible. In the product development, you can go online to look at a Shanghai marriage lawyers -- Jia Ming, the lawyer was successful.

(three) team in hand, worry free sales

In this lecture, the lawyer asked me how to open up the market? Here I use an example that a problem, legal risk management of our work last month in an enterprise. In dealing with the enterprise, we find that, if your service or product is indeed very good, first love you is the law people in the industry, is the enterprise's legal staff, because they know the law. We used to communicate with him, several very important point there are: first, he needs the effective legal services, but the legal risk management stage a brand management consulting company made out of service does not work. His previous work showed us, we find that they are image work, specious writing. Specious writing is reflected in what respect? In two aspects, our lawyers are likely to make a mistake, such as the design of the lawyer's civil and commercial legal affairs department, Ministry, criminal professional division, this division is the ontology of law perspective. The prevailing channel marketing, we will concern the customer care. This is the concept of marketing concept and customer service, cultural industry department, Logistics Department of legal affairs, is from the customer perspective. In fact, the popular international brand law firm is to handle the. This is an effective customer service, such as the Ministry of culture industry, your service an enterprise template can be copied in other enterprises, input and output can reach four two Stubbs Flemingia effect. Such enterprises, we look at the original template knew something was wrong. He to the corporate legal risk investigation, is divided into tax law, contract law, company law this investigation method, and truly meet the needs of enterprises is how to check? You should set the Department to decide, we must first understand the organization of the enterprise, such as the inside of the strategic development department, financial department. Specifically for the strategic development department, check out what it involves legal issues, and then implement to every point, every employee. For each employee, are not all risks associated with him, you just tell him what the legal risks associated with him, to do many things on it. If the legal professional division of legal risk, then the application to the enterprise management, will not carry out. In front of the brand management consulting company did not do this, so the enterprise legal person is not satisfied, because it is difficult to execute.

Second what is the point? He put forward the prevention measures are not operable. For example, the legal risk prevention main contract inconsistent, will be subject to review the contract. But without a guide, how should be subject to review the contract? For industrial and commercial bureau or a unit? How to find? Because he is a management consulting company without a lawyer, because of cost considerations, external lawyers can not make a corresponding effect. The results of this enterprise use of public funds to buy a useless things. The biggest victim's legal department, Ministry of justice of the people think that law risk management company do not reduce his workload increases. They love our products, there is a channel to the deep involvement. This is the first point, is to let him know what others have.

You say that someone is not, you have to convince others that you can, then you want to display the template, is veiled to consider from the marketing point of view, and this afternoon I show them to you as the template, the template displayed, you like to his analysis. What are you, what are the advantages? You want to clear this problem.

 The third aspect is about your past to cooperate with each other, not by a person to sing leading role supporting cast, but many people sing leading role. For enterprises to talk about, who contract terms? Process who is? We provide legal services to foreign companies as an example, we are more than three lawyers dress uniform, unified brand computer door-to-door service. Speak with English foreign contract, have the corresponding interaction, unity of "VI" show, English control contract. And human resources management, by the rich experience of the labor arbitration lawyers said the case. The division commander, who is? Who is a professional? This way will receive a good effect, others will judge this team service from your ability to this group of people. In the following content, I will also involve the team construction. So in our experience, if you really have a professional team in front of the combination of product, you the market is free, do not have to worry about.

Three,The key to build the enterprise legal risk management team of top

In the last part I speech may be a bit upset people, because of this, I do not want to curry favour by claptrap, want to tell you some very real things, why? At this time the truth is impetuous, everyone wants to be the emperor. Is behind me to tell you, , things, some lawyer friend of you don't necessarily support, but I am in the process of working experience, I think to do this effectively. I think the key to build the legal risk management team of top:

(a) height decides the height of the team leader

The first point is his leader, the leader is the height of the team's height, leader style is the team style, it is the same with any industry. We listened to, may feel great pressure, I don't have as leader influence what now? This is no problem, do not have now but later may have, as long as you walk well, may soon become a leader. You may have to do after the leader and the first potential down can be. Step by step, but remember, you don't have the ability when the leader is not a leader. Let me give you an example, I have a friend, he opened a law office. But my friend is not a lawyer, but investment opened a law firm. Because of the need to get the business, he let me help him to participate in the negotiations. I used to prompt before him, I said gently: the other enterprises come into contact with many lawyers, and you don't know much about the lawyer industry, he doesn't know your name, your level, you should pay attention to the past. He panicked at the time to ask me to pay attention to what the problem? I said: customers often from the director of a law firm to look at you this law firm level, I think you should consider. Finally, we used to talk to break up, he asked why the breakdown? The manager of the enterprise with many lawyers contact, look at yourself as a senior lawyer in the talk, then talk to him into the problem of the legal issues. In the whole process, the director said irrelevant. Other than the director to talk more professional, he decided that the boss is very proud, very grievance to ask me what happened? I say: if I were you, I will strengthen my ability of organization and coordination capacity, tell him I'm not a lawyer, but we here in the lawyer's professional. In order to change people's thinking, even if do not have to change, because the lawyer in this industry have a common, have fixed thinking -- the director of the height is the height, head of Department of height is high, lawyer team is capable but not brave. He needs to ring, need of sedimentation long time accumulation of the corresponding experience, also need to influence. So the leader is the team leader of benchmarking, how far to go, the team leader may go far; not far away, the team has no future.

First, if you want to devote themselves to research on legal risk management, if you want to leave a better life, you need to consider your current situation, what is the latent to others to learn or start from the professional lawyers, and now form a team, it is vital to. About this, but I talk through it, we can think about this question, you observe the front top lawyers around the lawyer's team and this morning, the situation is very clear.

(two) the flow division is the optimization software team

Legal risk management is a process management, into the enterprise work, every step of what needs to be done, what documents involved, who will do what work, are a division of labor. Who is responsible for contract plate, who is responsible for human resources, who will do the compliance officer, who will do the director, how to operate? The management process using computer software to deal with the corresponding work flow of things, every step of progress to what extent are on the computer records. To optimize this process, ensure the work of team work in an orderly manner, process division plays a role of software quality. Generally the process division, only one person can be, but he must have the knowledge and understand certain legal to operate. Here, just the lawyer ah, you should be very aware in this respect, a flow division problem?

Audience: flow division in the legal profession is relatively small, mainly in the management of the company more some, because the enterprise legal risk management itself is a newborn thing. Professional lawyers to the legal risk management did not have too much understanding, therefore need to assist the process division. For example, entered the legal risk management contract of an enterprise, so he must formulate a work program, this need at least a month working arrangements. What needs to be done? What a lawyer? How to get into it? After he would take out the questionnaire, the questionnaire relates to each section, such as contract management system of survey, for each subdivision of the professional lawyer. Because of the professional lawyers versed in the contract, he knew the contract management system which must have what project. The questionnaire to the professional lawyers, to confirm the need to adjust the content. As for different industries, some contents need to be adjusted. Complete the questionnaire after the adjustment, flow division took questionnaire to enterprises to go inside, and the feedback information, process division with the software to data statistics to show the lawyer. What about the authenticity of the data? How is adequacy Can make a more accurate judgment? But if the data reflect the situation is not true, so professional lawyers to do interviews with the various departments, interview must professional lawyers can do. The key point of professional lawyers know where legal risk, interviews to collect data after, or by the flow division to statistics. In fact, flow division belongs to the action in the whole team work, lawyer to the data afterwards gave him, he understand management knowledge and the use of management software, the analysis results to the lawyer through mathematical modeling and statistical software. Statistical analysis of results also need professional lawyers to control, such as statistics reflect the payment of letters of credit risk is very low, but in the management of contract management system is reflected, he to this letter of credit in document management is not standard, if a new customer, the risk is likely to break out. Then the professional lawyers to see that the results you out of the investigation is required to adjust. I think a foreign lawyer knows the letter of credit is a huge legal risks in international trade, how could the results of statistics is very low risk? Then the professional lawyers to make an adjustment according to the lawsuit, the process division was in the background of the support and coordination ability. And I think the process division has one advantage is that he can guarantee the template, the mathematical model and the software of a team of no leakage. If the process division in small groups can be a bellwether, understand their can do. This has the advantage that a firewall on the inside, the liquidity of the professional lawyers might be a bit high, if not a good, perfect distribution system under the circumstances. Especially in the Chinese this impetuous local professional lawyers, liquidity is too big, latent do a year or so away in a team, taking template, commercial secrets. But the process division itself is management without the law, he took the template may be promising but not so.

Wang Silu: you're very accurate, in fact return here,Professional lawyers and incentive mechanism is very important. But in the team building, there is a very important thing is that you as a team leader is inside, is impossible, if you are not a good team. Talk about a problem behind, as a leader you can pursue perfect, but the team needs to perfect. My personal view is opposed to the word "there is no perfect person but perfect team", should be the perfect man and perfect combination of team. What role do process division and inside, as just the lawyer introduced. I found all of law itself is the expert legal risk management attention.

Three.Professional lawyer is the backbone of the team

Just have a lawyer friend asked this question, how many professional lawyers? In fact, many from the big, you enter the school, you first must sign the documents, is to choose three professional. Many people have such experience, including I just out into our brand law firm, the first need to sign this document, choose several aspects, and then go to the several directions to do.

How many people are in your team, a professional lawyer as to what direction? Have a great relationship with your service enterprises, have mentioned, for large enterprises, risk, contract management, human resources management, corporate governance, intellectual property, taxation, investment, M & A, there is a special service, you need one to two professional lawyers in every field, but if you specially do the law of contract, then just do contract law, this is not reality. In fact, a lawyer should be one to three professional direction can be, but you may be involved in the enterprise service, you may enter into contracts plate. But if in a small enterprise, is the legal concept of risk management to provide legal consulting service, may be the three plate a lawyer responsible for human resources management, contract and corporate governance structure can be. It is not a lot, so do not need a lot of people, depending on the specific circumstances.

Wujiang water teacher to tell you after class, teacher Wu Jiangshui best's contract law plate, plate in the contract law in China is at the top of the actual sending lawyers, and the company governance structure plate is his long, now more concerned about this plate. Not only a common law, actually any lawyer, including me, can not be exhaustive. In the field of legal risk management ability, that I have is to guide the overall situation, each work and concrete which has done, is not my people inside the team. Such as contract plate, we people inside the team is the study of economic law graduate, legal work after the professional processing contract. He dealt with four years of time, have a good knowledge of the contract law of our country, the system and the classical cases, in the specific work he does not leak any law and common law. A team of professional person is very important, this is the third point.

(four) for beginners is a new force team

Why should emphasize beginners? Originally a lawyer is a lawyer and lawyer industry development business slump, many law discipline class people who don't want to be a lawyer, even if it is not good to do. Law graduates far from oversupply, but law firms or not to enrol a person. Now the university graduates have grandiose aims but puny abilities, not ideal, for instant success, cannot bear, cannot coordinate, would rather not work back to neet, this situation is quite serious. This and the social environment, family environment, a great relationship with the child. But must want to have new strength in you become the reserve forces. If no backup power, you can't get the job done. Because the legal risk management in this kind of work, if you from airborne law firm another lawyer to your professional team is in trouble. Why bother? Many law firms are contracting, contract law firm which trained lawyers are our own creation, Tiger Balm type lawyer. They have a certain income, west east hit one gun shot, like freedom and personality, so in your team, he may have on your salary, you have the opinion on the strict management system, but also unable to provide professional services. So the legal risk management team is good, is like a piece of blank paper, inside the university through strict recruitment system for their own team for the people. The intern starts to carry on the devil training, then according to his situation, find out the corresponding areas of life planning. In general, we refuse to have work experience. We will be inside the University interns team pick out for us, but our people with Jin Du and other brands in Lun all different. This is a return to a problem, come from a large number of arbitration proceedings of my own. Many experienced such success stories over the lawyer is more personality, more emphasis on the experience from the reverse thinking arbitration proceedings to provide non litigation lawyers. Our team people must deal with arbitration proceedings, I think the Arbitration Litigation experience is to provide a basis of non actionable, if you do not have the rich experience, the provided service can only say that the specification, but in fact is not necessarily a good effect, it is very important. Beginners should choose is now in college there for you, after you meet your team training to become team asked people. If you from other grafted over there will be two situations: one is to contract law firm grafting, he does not recognize you, and you don't approve of him. Another is the operation management team grafting from completely, they may be a tool, can only provide the norm rather than the effective service.

Here can give you an example, this example would have a role of inspiration to everyone, and the special relationship is not, in the lecture before a lawyer asked. He is very interested in what we say the crisis response, I'll give you an example, the importance that arbitration, in inside legal risk management mechanism construction in litigation. This time last year, when Foxconn "Fourteen jump", I was involved in a foreign company staff Dutch act events. A foreign employee leave home to date is not successful, do not continue to leave don't come back to work, and then Dutch act. Dutch act is the case: he eat psychotropic drugs, confusion himself lying to the middle of the road, and others alarm, he ran off, went to a high-rise building to climb out of the water, climb four floors down seriously injured in hospital, responsible person and the company's human resources department to handle the things. In fact, the company has enough attention to him, have to pay for his medical expenses, but the director of human resource in turn to help the injured employee and expressed dissatisfaction with the company. This last dying families of employees, the lion big mouth to require the company to compensate him for about one million. Then I stepped in, generally no arbitration litigation experience lawyer, will provide a legal opinion, how to deal with how to handle. At that time I was treated in the same way, first of all to his analysis that, from a legal point of view is not the responsibility of company basically, but the director of human resource to help employees, why would help him? Is the performance appraisal system of incentive mechanism of their human resources department has a problem. Their human resources management system should be linked with the interests him, put this to pay up. The results appeared a traitor, traitor is system. A good system so that the ghost become people, bad system makes a person into a ghost. I was in USA, company called me, I said: your first step to convey a message to that side of the injured family members of staff, our company will USA returned from legal counsel, to deal with this matter and bring my mobile phone to each other. The results, the other called me, we are very sincere, all his words down and express a meaning: went to deal with this thing tomorrow, guaranteed to give you a fair view. Our past, our first step is condolences to the families and the injured. Recording our sympathy, the staff oral story are recorded. Then we look for a doctor to understand the situation, no declaration of liability company. For communication, local Labor Bureau police station, at the same time, their words are recorded, and he made it clear that others may find them, but the company is not responsible, then return to communicate with family members. Behind these words may make you sad. I told the family statement from the perspective of legal considerations, without any liability company. But from a human perspective, with the company, can give you thirty thousand dollars compensation, settle the matter. I only stay here for three days, after something to go, you consider. If accepted, will settle the matter, if not accepted, I will leave, so he agreed. However, the second day they would change his mind, we used to talk to him, he called the twenty people, starting at about three hundred thousand in compensation. They claim to be looking for the media, we responded to: find the media is your right, but the media may also interviewed companies and law. He will lift person to go to the factory, we say: you can lift the past, but how to deal with the police, the police have their power. He said to him, to the law firm to carry me to say: you can also carry the past, but it is hard to expect what. I once again clear: the money you would now take then settle this matter, otherwise I'll leave. He did not agree, I'll go. We feel that he might go to the police station, because the employee injured when police station has been involved in the hospital, but he is not dead. So we immediately to the police station to tell the police that companies do not have any responsibility, and their representations, as they may come looking for you, and that our previous recordings. Back to Guangzhou, this time on this matter is very nervous, don't think we have to deal with, but we have confidence, we can't make any communication with the company, the phone, if you call, A rout is like a landslide. They must be sure to ask the police station, the labor bureau, finally will know we have no responsibility. Second days afternoon four points, the family to call me, I don't agree to his demands, but temper with him, said it has no right to handle, but can communicate with the company. An hour after the reply to him, let him second days to the lawyer's office, the bench let him sit for two hours after the formalities signed with him, to give him thirty thousand dollars, an additional two thousand pieces of red envelopes, settle the matter, let them know how to be grateful. In the face of such things, if you do not have rich experience to arbitration proceedings, no opponent, you dare not to get down, is very difficult to deal with.

Company operation team untreated arbitration proceedings is unable to provide effective non litigation legal services. Legal risk management which is also have this situation, but you must own culture, or in the work is not able to take on this responsibility.

(Five) Professional marketing team is the weapon siege

In my previous lecture, all about the lawyer marketing topic, lawyers need appropriate marketing. Today I in dotting the school speech is also a kind of marketing way, in our country a lot like Chen Xiaofeng, Xiao Jinquan, Xu Yong, Wujiang water and Ye Xiaohua legal risk management in a future leader to speak. But I can say "a future to speak, create the future" to write, can do to create your personal brand, achieve the limited income. But you should really have a larger share in the market, it must have a professional sales team, which is the fundamental. Lv Lishan, Lu Zhi Wei Wei Chen Xiaofeng, the Qiu Dailun family is China is one of the few to rely on the strength of the team, one of the three-dimensional marketing was the most incisive lawyer. There is a important role in the legal profession in China, most do not understand the law or do the most poor people are often also do best. Do the best is what? He is the leader, was introduced to integrate, three-dimensional marketing strategy and management mechanism, this is very important. For example, how to marketing? The true is the lecture began to speak, the lawyer should concentrate on doing your own team of business or management of their own, so that we can do a good job. But let the law lay people to help you marketing, he according to different characteristics of each lawyer, would you highlight packing up, then the target customers at launch. Professional marketing team involved in the system of training and the corresponding distribution mechanism. I think the allocation mechanism is very essential, we will refer to the content. In view of the small and medium-sized enterprise service, providing legal services in legal risk management concepts and templates, the sales team is more important. In fact, I think the market in the whole of speaking, small and medium-sized law firm sales team is more important, more easy to form a compact, efficient team to help you to develop business. Way you possible interests than in the inside to lecture, writing, participate in the forum or rely on their own network of resources by the lawyer himself promotion means is more effective. Only the sales team to budget next year's revenue, step by step to go one year plan.

Six.Incentive mechanism is the fundamental group of sustainable development

Tell me something about incentive mechanism failures. Have a fixed salary, pay by the hour, 6000 yuan, 10000 yuan / month. Study of their lawyers from the school students, through the devil training can accordingly, become a worker on the production line. Many lawyers say this is the top team and I think that is the failure of the team. From the flow of people can be seen, they offer is the norm rather than professional, do the work for a period of time at the same time, unlike the lawyer did not dare lecture admission stage, when emergency, major issues, also cannot solve. Every day to work as a tool, the salary, the space is limited, less than three, five years left to do contract law or the partnership. This team is no life can not face the market competition.

There are second kinds of, in the contract system in law firms more generally, is a base salary plus commission or no salary. I tell you more recognition of the base salary plus commission, for example, a base salary of $2000 plus 10% Commission approach, this approach is not promising, why? Because of the professional lawyer's income is fixed and no cost, as long as the case to him, he can get commission. So what is the result? He may make you can't make money. In addition, a situation of team work, this method of base salary plus commission, encourage him in his desires expansion, the final result is to cause destruction to both sides. We used this mechanism previously, discovery is not successful. In the world the best mechanism is popular in the market set a higher percentage, good and bad, the difference is only 10%, the rest of the 90% is the same. Is the core of the 10%, a quality of the system and the success or failure. I think, in the 40% to 45% should be in the market cost, everyone can open source, can get percentage around 30% of the Commission, including professional lawyer. Therefore, the sales team and lead the Commission Commission proportion is 30% to 45%, this ratio is quite high. To really do team highlights is to exploit the market sector rather than business plate. How much is the investment business in proportion? This aspect with Jin Du, Zhong Lun law firm, Lu Wei is the same, I can tell you proportion, lawyers assigned to the proportion of professional work, should be 20% to 30%, the other is the logistics, administration, risk, the leader of the profit. But in the law service team people points should be according to the Commission, the chief negotiator, the lawyer, lawyer, lawyer or Process Instruments Co division, compliance officer, director, supervisor, different positions and different. The commission ratio should be increased. Finally, the fixed salary allocation mechanism in our law firm with some of China's top of the same, but added a new element. The lawyer is set to "fixed salary" grade, a total of nine grades, the first grade to nine grade lawyer lawyer. For example, now your level is 5000 yuan / month, 5000 yuan is the advance of wages, the end settlement according to your case number and played in every case role (sponsored and co organized, negotiation and documents), calculate the amount of the total percentage. If the Commission is 2000 yuan / month, you can still take 5000 month / yuan salary, and no commission; if the Commission is 7000 yuan / month, then you in advance salary 5000 yuan / month, get 2000 yuan / month commission. Therefore, we call the "base" is a kind of advance salary.

Experience in our work, the operation mechanism that what benefits? The first benefit, do you do any business is to make money. Second benefits, you don't pass, you how ability gets what benefits, you can play initiative. Third benefits, great promotion of space. Although chief lawyer can get as a leader in points, but this number accounts for a small proportion, if not the chief lawyer, will not be able to make more profit from. After deducting the chief lawyer, lawyer points, the rest to get people, about people and the people all. Therefore, everyone is equal. When he rose to a certain extent, such as promotion for the lawyer, or become a lawyer after grade nine, he can be on an equal footing with the chief lawyer partner, he can also form a their own team. However, under this mechanism, as with the brand effect and business profits, is enough to make him long term as a member of the team, not eager to partner. Why?

There are two characteristics in the compensation mechanism: first you have the first order of business, the second single business is natural, because you do "I have excellent people, people I have" this point. Second, the system and the idea of pay, can ensure that the members of the team's salary in the hundreds of thousands to hundreds of thousands. In this case, if he will have difficulty to separate portal. And he established another portal, often in the same place the formation of complementary advantages, that is to say, he would keep house, to explore other new business areas, can not be repeated. Therefore, for him, is difficult. In the construction of team of lawyers in China, this mechanism is lacking. This distribution mechanism is often the top sales company, such as insurance companies and other Amway Corp, strengthen direct reference to the. So we feel, must be completely commercial incentive mechanism can be more conducive to the firm growth.

I have a lawyer friend, his undergraduate not in the law, do law firm after attending In-Service Master, his lawyer is using this mode of operation, to achieve a personal income of a year twenty million times, not a lawyer. We follow through many business owners ditch, they feel Chinese top lawyer a year income is about ten million, there are six million possible revenue about ten million to seven million do not know to what place. I hope you take the market route, according to this team operation mode, I think as a leader, the annual income of millions is possible, it is I (property) their own record, this is the market route advantage. Also, according to the boss, he think you as a lawyer, not the open thinking, without introducing real management knowledge, how did he take the enterprise legal risk management to you? He will think to yourself, your annual income to millions, not to a change in income generating enterprises. So I think in the construction of legal risk management team and development, professional lawyers are important, but the introduction of management, introduce the sales that conform to the modern trend of the management team is more important, complement each other to achieve take-off.

You can ask questions. As a lawyer, I found your early attention to legal risk management.

A lawyer: I want to ask you a question.

Wang Silu: don't ask, we exchange.

A lawyer: you just said the team inside, liability positions such as chief negotiator, host, association, documents, process division and so on, can you give me an example of how they work, coordination and cooperation in a specific project?

Wang Silu: whether the specific division with? Through an example, we compare the attention is growth oriented enterprises, a problem I have just told Lv Lishan, the legal risk management after the introduction Chinese spread in the central enterprises, the central enterprises after the spread has a plan, there are some lawyer keen to seize the opportunity to work in central enterprises. In fact, I think the development space for everybody back is fully market-oriented private enterprises, this plate is very important. But when you intervene in the plate, we experience is the current business point of growth is mainly in the legal adviser for legal risk management and team intervention to listed company work. For example, in team building, for a legal adviser to open, you have some brochures, the corresponding service package, service packages which are A, B, C packages, many lawyers not do. The A package is to provide legal counsel to more traditional management ideas, time and types of the same investment service. B package legal counsel and legal risk management of two or three key projects. The C package is a comprehensive legal risk management. But you must have a marketing concept to guide him to choose the second, and the team is introduced and some can open the template is also important. Then through the appropriate method to introduce these products. Marketing channel is a very good way. Such as the United Federation of industry and commerce or an industry association, do a survey of legal risk in this line, thus affecting the enterprises in this industry, and then to concrete enterprises, marketing team through magazines, leaflets, phone call, a layer of launch. Then, by negotiating with the customer professional lawyers. The main negotiator professional lawyers negotiations have the Commission corresponding points, business down, in charge of the legal advisers who have corresponding percentage, the human resources, the contract or other lawyers in the field have corresponding commission. Percentage points is the key, but it is difficult to give you solid points. Because, this is calculated by the actuarial insurance company, each team's situation is different, the calculated result is certainly not consistent. So, can only say that an overall investment proportion. Each member of the team work, the computer management software in one one records. Enterprise service is for your team can feel, because you have division of labor service. In the year-end summary, because it is a team approach, is the legal risk management perspective, be professional efficiency, and cost compared with traditional legal adviser is not high, so it is easy to get second years of business. Follow-Up Services, you should be good at mining business growth point. For example, he may enter into merger, investment or want to appear on the market, it is with customers and grow together.

Audience: I want to ask teacher Wang, for a legal risk management of projects total income, you mean the market their business into can reach 30% to 45%, professional services lawyers including sponsored and co organized, documents, they can get 20% to 30%, the mechanism of income that is set by the establishment of logistics administrative internal?

Wang Silu: This is not specific, in fact it is, your input on development is 30% to 45%, what this sector includes? The source and the team a development fund and risk fund, which is a very important. The second is the marketing team commission. For the business aspects of the commission ratio is 20% to 25%, and on the inside to segmentation, such as the person in charge of the Department, the Department in charge of negotiations, the main sponsor, organizer, person, documents etc.. The rest of the separately to the office expenses (such as space, utilities, telephone, office stationery, website, etc.), administrative personnel wages and profits in a partner. In fact, finally you this partner profit should control to about 20%. But the leader if you develop interventional case or the case handling, so you can get another commission. The Commission has a very important, is the sales team and the lawyer, he got the point percentage is controlled. For example, if his income is below one hundred thousand yuan, is between one hundred thousand to two hundred thousand may have a discount on the inside, why is there a discount? This is a balanced distribution of benefits, to find a balance, I am frankly this system, we have no way to design. Only by truly go to first-line, sales managers and lawyers can be designed with. The most important is to stress the inside a balance, coordination and balance is the key. In fact, lawyers involved in the enterprise services, emphasis is placed on the text, but the text is too cumbersome and more bad, you can see the market's top international companies to strengthen data and tables, this is the master Guozhao often lies in the 10% different with others.

On this point in the lecture I just give you ideas, and I think the idea is very important and determine your way out, you have this idea and used in legal risk management work, you will be a breakthrough. You don't do this kind of work, but the concept to provide legal counsel for individuals and small businesses work will be helpful. Some aspects need to rely on external power, is I just introduced legal risk management of our country at the top of the law, they are not entirely by themselves to complete, but also with management consulting company or some other research institutions.

Audience: I want to ask teacher Wang, you mentioned the marketing team, then you should feel what people to set up the marketing team?

Wang Silu: the marketing people inside the team's problem is the key. For example, you want to find the square accounts in every detail, in the elevator to the speaker, for you doesn't like people, this is my personal experience. I have two companies, a consulting company and a real estate conduit company, I thought the speech in the elevator man is no good people, but do have a glib sales must like speaking, this is a very important standard. Second is the square accounts in every detail, pay fifty cents to count. If you do not know how to fight for the interests of the people from the boss is not likely to open up the market, sales personnel with professional lawyers, and difficult to cultivate their own parachute, but airborne come according to your system work, know how to win in the interests of the boss man to open up the market. The lawyer is more rational, in fact provides legal risk management services for enterprises, already have their own emotional component, because you do not pursue zero risk, zero risk is zero profit, what do you want? Try to reduce the risk of an adventurer service, because the entrepreneur is the essence of adventurers, and sales in the plate, with the traditional view of law philosophy, more is to use didn't like people who can put the market open.

This is my personal experience deep, they do not have high academic qualifications, such as in our real estate conduit company, doing the best person, not those who read most, this is a characteristic. Another character, what is asked the man to have a glib doesn't mean his eloquence,? Is to communicate with others can make people feel very honest, have a glib man may also be hesitating in speaking, but convincing. Sometimes a lawyer Mandarin is very good, very good image, with you face to face communication, it is easy to put your emotions aroused, applause, but you go back after careful thought after that fooled. In the market development plate sales personnel should have the credibility of your speech is the key.

Audience: Miss Wang, whether can think so, market development needs of marketing personnel, a lawyer or law firm, need to follow the market route. I think you all want to know what to do in the initial stage. A lawyer team if you do need to develop, marketing personnel, may initially not so suitable marketing personnel. For example, the target industry is real estate, then I will be in the real estate industry to get familiar with the real estate industry people come to me to do the planning, marketing. Second, the sales staff is not only a sales call or send leaflets, he should be packing your products in this industry, how to marketing your product? Like Ye Maozhong, to achieve market share through planning. So, whether the choice of marketing personnel is very important? To understand a certain industry, according to the actual demand of industry, and planning a long-term marketing strategy and marketing plan.

Wang Silu: today we're talking about team building and development, which can not be comprehensive development, for example, has just joined the lawyer, he out through your lecture, interpersonal communication, and some people's cooperation, let him help you expand your case, it is very common, that today we are talking about is how to develop high-end business? How to build high-end management service team?

First of all, have a good team, but the leader said in front of the own ability, there is a very important is to dare to spend money, no money, no team. Of course, the money may be a pot of gold on the other hand from, may also come from the wind. No money doesn't cut it, you can't let someone else do poineering work together with you, it's not possible. Second points, just the lawyer also talked about importance today repeated "marketing". For example, in the real estate industry, in addition to above, can receive very good results, the product can be replicated, can spread the carpet. There is also a very important, you find some understanding of the real estate industry and know the marketing people in your work, it is easier to achieve a win-win. Finally is the lawyer of integrated marketing. I can tell you, the lawyer Ye Maozhong Li Qiang, according to integrated marketing is the top training, our planning master routine to launch, is the lack of lawyer industry must learn. But the subsequent do better, and the lawyer's professional services should be combined, professional construction team to combine. Reputation is very important, visibility is behind the reputation, which comes from your strength, and finally clinch a deal. You must not let others know you "know" and "after breaking up". So you really support the follow-up development is the construction with your own professional and team. Only in this way, the development can have better.

Audience: Lawyer Wang, hello! We may view is not the same, because I work in the enterprise, and I just listen to you carefully think this contact is also very close, including the services of a lawyer may also have the follow-up tracking, maintenance and so on, involve legal and management, then you can be in other departments business, how to find a point of distinction? I am responsible for the contract section in the enterprise, but now the company human resources management has become more important, the enterprise will please some team to do consulting, so cross relatively strong, how to do is not the same with others.

Wang Silu: I jumped out of the question for you. The law in this area management, Shenzhen has a more influential lawyer named Qiu Xuyu, is "poor rich" lawyer lawyer and author of. Attorney Qiu Xuyu is one full of wit, literarily. He has a net is called heavenly bugs, the legal risk management of enterprise he is used to do a comprehensive risk management philosophy, a comprehensive risk management includes many aspects of strategic management, financial management, operation and management etc.. On this issue, in six years ago, I told you before into a colleague -- attorney Chen Mengjun Gou through, I remember he was told: the lawyer was against the law to eat, this is you made of this, if completely out of law to provide other services, success it is not a lawyer, is probably the entrepreneur. Because the ability of enterprise management practices you must be stronger than the legal skills. I told Qiu Xuyu the lawyer communication recently, he accept my point of view, because he is a perfectionist, know too much, it could undermine others to your impression on this aspect of law, this is the first to answer your questions.

What the second feeling is? In fact, a comprehensive intervention in legal risk management of enterprises, he is to all legal aspects need things into the system, manual, process, every staff as long as the attention of legal risk that about 10 - 20 on his post, according to the operation process to pay attention to the problem, so he is the basic work and carefree, don't take what. Small unit operation problem, what is the follow-up work? If after the new policy, regulatory changes, then to the timely filling, adjusted to the system process. There is a situation, for example, there is a thing, such as the Sanlu milk powder incident. By the lawyers or legal counsel according to the change of external legal environment and early warning, is reminded of what the problem is, the mode of operation of such. The establishment of legal risk management mechanism, control is largely dependent on the members of enterprises to real risk, but not by you the Department of legal affairs and external lawyers daily attention. This work is at the beginning is involved in all aspects, not much behind the lawyers involved, this work is after the new regulations policies need to be adjusted. Second, and issued a warning to the external legal environment upheaval. The third aspect is to return to the tradition of the arbitration proceedings. Generally speaking, when the enterprises to establish the legal risk management mechanism, does not exclude you from the outside, because this mechanism is you build. To provide legal risk management services for enterprises do not care too much about the first attorney's fees, if the mechanism is constructed and you behind if he did not find you, your system must exist a lot of problems. If you accept the service provided by the lawyer to private enterprises, the possibility for you to maintain a considerable behind, because in front of the mechanism in the construction of service is posted, effective, not the image project. You must understand the business situation, unless he enterprises went bankrupt or are you doing is really too bad, otherwise the enterprise will continue to find you.

Audience: King lawyer, you speak very well, but if according to practical calculation, this is a bit difficult. The other is in our business, if you like this platform a well-known lawyer is very good to do, but if only just joined the lawyers can be difficult, how he ran to show others his ability in this field?

Wang Silu: this kind of distribution system I speak not with some brand firms China according to the working time to count, but calculated according to his roles percentage, I whether he working time. But to take this Commission, he must complete the work, not to do things is no commission. I pressed against the work time to the lawyer as senior white-collar wages, this work makes the flow is large and services do not stick a. With regard to your question raises a question of Lawyer Presence, lawyers in the process to enhance their own brands, like the book marketing. From the results of estimation, we published in the legal press book sold five thousand copies, ten thousand copies, to want to be a lawyer or just as a lawyer to see, a lot of things inside is the correct nonsense, what is the correct nonsense? "As long as there is a professional foundation, accurate positioning, work hard, you will succeed." This is the correct nonsense.

There was once a lawyer told me, whether entrepreneurs like language to write our professional thing, then give the book to Wang Shi, Feng Lun's book together and placed in the enterprise on the shelf, directly reach target customers. If the target customers to read your book, was moved by your dedication and professional level, so the effect is very good.

Second, then for the fledgling how lawyers in this team? I think that humility is a great power. In these times, you are strong in front to learn humility, steadfastly to follow him, follow him grow up together, this is very important.

Third, how to build your personal brand. I think you are constantly learning professional knowledge and learn marketing in addition. Marketing is very important, I cite an example, there is a saying in front of my lectures in Wuhan, Wuhan's attorney Wang Tao has a well-known words, "go with expert, has the milk to drink". Talked about Chen Anzhi's training class, you want to become a millionaire, so as the millionaire go, to learn from him, and make friends with him. A recent book, Duan Jian Guo wrote "high court" offensive and defensive way, does anyone know? Duan Jianguo is a punishment on lawyers, the work in the field of criminal identification for more than twenty years. He is not very tall record of formal schooling, no strong contacts, a little place in Henan to Luoyang to Zhengzhou to Beijing. He has two great advantages: first, to the elite lawyers of praise, talk about the heart, embrace the world with broad mind. Second, in pursuit of the criminal identification field diligently this professional field. In marketing, the second book was "high court" offensive and defensive way, please Tian Wenchang, Li Guifang, Xu Lanting, Tang Zhongzan, Yang Kuangsheng, Professor Zhang Jianwei, and I wrote a preface. So one of the professional work, through has influence in the industry were invited to his preface, will produce a viral effect. From then on, we all know that this man Duan Jianguo, to know him in the field of criminal defense is very professional, very persistent. In the field of criminal identification, he must have his share of the market. Professional and marketing is very important, for example you pay attention to certain areas of a professional, you can mix into their team to become integrated with, then your voice. I think that in this respect Chinese lawyer is lacking, or return to the lecture at the beginning of the sentence "you can't do the car door, mind one's own business, you should be integrated into the strong team to go inside, there will be more development".

Audience: simple communication, Wang lawyers say beginners is a new force of the team, then a team needs the beginners is a piece of blank paper, but also need to develop into a lawsuit, arbitration to experience in person, which is contradictory, how to balance? The legal risk in service industry, we need plenty of suits to develop his accumulation. I am a little confused.

Second, incentives for you, I was so consider: points distribution is different, such as you focus on marketing, so it is possible to cause to do business lawyer discontent, feeling neglected. How do you resolve this contradiction?

Wang Silu: I found you are thinking, the first question you ask is also a lot of people to ask, which involves a question of style. I have long been engaged in business litigation, come from the battlefield. And I said, Chinese text on the legal and practical law is from, in this case, you must have the litigation experience. Our team has a lot of litigation, litigation and non litigation revenue is balanced. Enter our people inside the team, first of all do not non litigation but make litigation, and litigation is not let him do it yourself, but by our ability to guide the lawyer to tell him. I give a few examples, we have to communicate with a lawyer, a case was transferred to the procuratorate, the procuratorate stage there is a "non prosecution, non prosecution discretion" or not to prosecute, according to his plot can be considered relatively non prosecution, is a minor. He is not our team training, but it is subjective to tell us free of charge, but the prosecution is the concept of criminal law of the old. He is his own experience that find out, if you want to communicate with him, may have a quarrel. This situation many, because they run away like that it is very difficult to melt into the US, his understanding and we are different. In the team construction is based on our own corresponding litigation and arbitration service, there are corresponding guidance ability, so start from a blank sheet of paper, we can improve their ability, let them have a certain ability to integrate into the non litigation.

You ask second is also very important. Ye Maozhong once said a word, I am here to change the "good strategy as well as a good system if it is not effectively implemented, it is equal to zero." All modern market management system which is inclined to marketing, this ratio could not be made out, this is the first point. Second, why he won't leave you? You have enough money and enough during the operation of the mechanism, let him off. If there is no business, just let him console oneself with false hopes, then the system is invalid. In operation, the system can make the sales staff to take big, but investigators also can get the annual salary of hundreds of thousands, hundreds of thousands of income. This case why no one, after a few years may be many reasons based on leave you or another mode of cooperation, but the back constantly have new people coming in, introduce new belt guide newcomers, and can get the commission.

Audience: Miss Wang, you are marketing people inside the team is to understand marketing to make the marketing people to participate, or by some enterprises in which case or some government background to do?

Wang Silu: our approach is to understand marketing, people who know the industry marketing, if someone with the government or enterprise resource, he doesn't have to be in our sales team, he may come, I also give him 30% sources fees, it is very likely to be friends or other relationships. To do the business lawyer, also is such. For example, you are a professional lawyer team inside of us, just have a relative, introduces a business here, you can also get the case fee. Also is to let all the people in your team to marketing, set up a marketing consciousness. However, professional marketing team, is responsible for developing the source, so to separate. Our focus is on non litigation legal services for foreign high-end market, launched the dignity of marketing, you launch the products should have a unified VI, the VI should be international and professional, but not in the newspaper advertisements or the police station door with advertisement. The marketing team is using his marketing professional promotion law service.

   Audience: Miss Wang, hello! Today's topic is the enterprise legal risk management, the field of attention is paid to the management. In addition to the requirements of professional lawyers have a lot of arbitration and litigation experience, whether to require lawyers to learning management knowledge? If you go to school, through what channels?

Wang Silu: you ask this question is very important. First, every teacher lecture here, his style and his life experiences have a relationship. I am the scientific language, I graduated in 1988 to enter the job seven years of time, go back to graduate school, I do work management and translation in foreign companies. I worked as a lawyer, dealing with a large number of arbitration cases, including some very influential cases. Have their own investment company outside, the management consulting company. I emphasize the arbitration and litigation, emphasize the management has the very big relations with the experience of my own life. Second, you want to intervene in legal risk management, you can not understand management. Why can not understand the management? Legal risk management is divided into two parts, the design of the front operation process and template is the main management based, supplemented by the law, but to complete this part of the work, is the professional lawyer. Once you learn how to use these templates can be, work is by law, management supplement. Finally, management is to provide you a working concept. Some lawyers work philosophy itself is a problem. Such as lawyers from the human interest of justice and the rule of law is wrong, you use the crisis to a single case split over single case is wrong, or you put yourself as the judge in this case the pursuit of justice, fairness is wrong. Remember, the lawyer is to help the parties under the framework of the law with the lowest cost, effectively solve the problem to realize your own value. This is a guide, the guide's management philosophy. So you're not the pursuit of zero risk, nor with the enterprise it is illegal, it is legal. Can you speak, illegal accident rate is high, after the accident, what remedies. So I think in the management of key is a guide, the general counsel, to master the knowledge of management is not very difficult to.

Well, this morning classes, afternoon, everyone!