Authors: Chen Xianglin Kindu law firmsDispute resolutionGroup

[Abstract] this paper litigation and war is based on "the art of war", referring to the first "plans", combined with the specific case Chinese judicial procedure, the factors that will determine the outcome of litigation cases summarized into three categories, namely, basic factors, usually factors and special factors, specifically including "economic strength", "fact", "law", "reason", "team", "action time and opportunity", "action", "the law", "law firms and customers internal management", "social resources", 10. At the same time, on the basis of the basic rules of the 10 factors to weigh on the outcome of the case were summarized, which lays the foundation for the litigation strategy and action plan Chinese judicial process planning.

Litigation and war has a strong comparability. Litigation and war is between the person and person's dispute; both are means of dispute resolution; two kinds of method of dispute resolution in the pursuit of results is to win the game, or the theory of. Of course, the difference between action and war are obviously. Action by the third party victory or defeat, but the outcome of the war on both PK. Litigation is a civil, commercial disputes, are to the Multi-National Corporation between the dispute between, small to ordinary people, and the war is to solve the disputes between countries. Litigation is peace and civilization, and the war is bloody and cruel.

The outcome of the war is the basic rules, the outcome of the litigation has its basic rules. The basic law of war in China "grandchildren strategics" first "plans" in the preliminary summary, and tested by thousands of years of Chinese and foreign history of war. Litigation and war is based on, this paper attempts to "grandchildren strategics" "plans" as the basis, combined with the court case in Kindu law firms involved in and organized as an example, a preliminary analysis for the factors to determine the outcome of the lawsuit, in order to conclude the basic rules of decision lawsuit wins negative[i].

One, "plan" and "legal opinion" importance

"The art of war" a total of 13, at the beginning the first "". "The art of war" speak "meter", refers to before the battle, the basic conditions of determines the outcome of a war is calculated, which provides the basis for formulating the strategy of the war.

"The art of war" with the "meter", visible "meter" is very important. The grandson thought, "who is not a fight Temple winner, winning many; not battle and the temple is not the winner, winning less. A number of wins, less calculation greatly, let alone with no calculations." That is to say, before the war, calculated that will win, win more; that will not win, eventually will fail if not more; the calculation, the ultimate failure of the more.

The procedure, at the start of litigation or litigation, "plan" is also very important.

Customer first to meet with a lawyer, would ask: "this lawsuit can I win?" To answer this question client, lawyers need "". Namely, need all sorts of conditions and factors determine the outcome of the case, judge and predict the trend and outcome of cases.

The lawyer "meter" is often in the form of lawyers issued to the customer's legal analysis opinion, proposal or memo. In the case before the start, this legal document is very important, even all the lawyers to file the most important. A good legal analysis, can accurately outline the process of entire case point of contention and development, can be predicted by the case of late development may face problems, can determine the strategies and ideas for dealing with these issues of principle and direction. A good legal analysis, can set the tone for the entire case, is the program of action in the case of the lawyers and the parties.

Of course, in some cases, or because the case is simple, or because the partners and customers do not forward this request, in the case of starting at the beginning, we do not need to provide legal analysis to the customer. But even so, according to opinion Legal Analysis to analyze each case, is still very necessary, especially for the accumulation of experience stage of lawyers.

Two, how to ""

"The art of war" on the "plan" is: "therefore by five things, the school, and its cable." That is to say, from five aspects to the study and judgment. Which is the "five aspects"? "One day, two days, three days, four days, five day method." what is "Tao", "Tao", so that the people and also can be agreed, and death, and life, and fear." What is the "day", "day, yin and Yang, cold and heat, when the system is. Land, far and near, danger, narrow, and also." What is meant by "will", "will, wisdom, faith, benevolence, Yong, Yan also." What is the "law", "the law, of music, Guan Dao, master also." "The art of war" and said, "by five, will all hear, know who wins, I do not know who would be."

"The art of war" "planning" is divided into two levels: first, find out the specific factors that determine the outcome of the case; second, balance of specific factors, make a prediction of the outcome of the war problem.

The procedure, the above five conditions, and the method is also applicable to determine the outcome of the five basic conditions. According to the five conditions, we can discuss the factors determining the outcome of the lawsuit case usually.

(a) usually determines the outcome of the case

1, the art of war "Tao" and "the fact in litigation, legal, reasonable and teamwork"

"The art of war" on the road, its core is "agreed". Includes two meanings, the first is to have "intention", the meaning is a kind of determination, this determination is one behind to justice should have war; second is the "meaning" to "the same", to make concerted efforts, to the team.

On the litigation ", is also" the two layers of meaning.

In the lawsuit, the first layer of meaning is, the case of the whole social environment (including the political environment, legal environment and social public opinion) deal with the opinions and attitudes of the parties to the case favorable.

The position and attitude is not only a micro level, i.e. law and in fact to the parties, but also include the macro level, the government, public opinion, social attitude of the case to the favorable. The "attitude" that is to say, "the reason". In China current judicial environment, the court's decision is influenced by the impact of the latter, the court must consider the political and social effect. All the two levels on the advantage, of course the best. This will lay a solid foundation for the successful case for us. However, parties to a lawsuit, the possibility of winning, at least for a level[ii].

In the lawsuit, the second layers of meaning refers to the team with the proceedings. Proceedings in the team performance in many aspects, which includes many contents. It includes between clients and lawyers unity, client more firm unity, identity the in-house lawyers unity, customer internal unity and so on.

In the practice of lawyers, often encounter many affected party "teamwork".

1.Between clients and lawyers

Customers here mainly refers to the customer legal personnel. The lawyer and client team coordination is not good, mainly is the customer communication legal and lawyer is not smooth. The subjective reasons, for example, some large state-owned enterprises, forensic don't respect and cooperate with the lawyer. There are objective reasons, for example, many foreign customers on the China legal and judicial environment does not understand, many domestic customers do not understand the law, there is too much to ask for a lawyer, etc..

2.Among the firms in the client hired

Many firms here or are domestic law firm. In my participation and heard the case, with the tacit understanding between domestic firms can not see more, this was perhaps a peer competition mentality. Many law firms or international and domestic. In my participation and heard the case, whether domestic or overseas cases, cases, domestic and international cooperation are also often appear problem. The general problem is not recognized by domestic and international, especially in international arbitration or litigation. In the territory of China law cases, many international lawyers also easily according to western law to make the China legal judgment.

3.Between clients hire of identity the lawyers

The identity between the lawyer's inconsistent, even contradictory also occurs. The big, many departments, partner of many, many people, if management can not keep up, there will be a natural contradiction.

4.In the internal customers

The customer within the complex situation. For example, in the state-owned enterprises, there may be political struggle, political struggle may spread to a case, the enterprises in the different factions of the leadership and staff on the case, and the position, attitude lawyers work are not the same level; some customers internal demons, lawyer and client meeting today, make the content the decision, drafted documents, less than 1 hours will be notified to the other party; some clients legal or lead to cheap, want to good lawyer; etc..

On the problem of party inside the team with many, some irrelevant, for this part of the problem, the goal is the same, but communication is not smooth. The solution is to communicate, to think of a way to communicate effectively. And some with stakeholders, to that part of the problem, if in the scope of law within the capacity, can try to solve, try to solve, can't solve, can only try to the negative effect of cases decreased to a minimum.

In short, before the proceedings and the proceedings, make concerted efforts to keep their. One of the team need the efforts of all parties. Among them, the lawyer subjective initiative is crucial. This is especially reflected in how to deal with the relationship between clients and lawyers, the lawyers made the customer "requirements management". Manage customer, a macro level, in Kindu, which mainly by partner to hold; but also the micro level, specific to the customer management a case, will be implemented to lawyers and clients each intercourse.

To sum up, the "art of war" or "Dao" in the litigation, we can conclude two points, to win the lawsuit, the first in the "facts, legal and reasonable" for Li, second, a lawyer to manage customer, fully protect the team.

"Time and time, the art of war 2" days "and in litigation"

"The art of war" on the "day", refers to the time and the time of war.

The procedure, the time and the timing is also important. In some cases, time and time is the key to decide the outcome of the case. In the proceedings, considering time and time of at least two aspects, namely the prosecution time and timing, as well as the action rhythm.

(1) the prosecution time and timing

Customers ready to sue each other, the lawyer will first think of prescription and the statutory period. The prosecution than the limitation of action, the claims of the plaintiff is not supported. We need to analyze the case exactly have exceeded the limitation of action, the middle Is it right? Exists limitation interrupt. So is the statutory period. Revocation of such as statutory exclusion period of 1 years, 1 years later, cancellation right is extinguished. We need to analyze the 1 years of the period from the day began to calculate exactly.

Secondly, lawyers need to decide when to prosecute. It depends on the specific case. When sue to grasp, is very important to decide the outcome of the case. For the three case as an example to illustrate.

Case 1

A company, B company owed about 80000000 yuan amounts unpaid. B company to find our debt to A recovery. Introduction of B company, A company is listed. B worry, A company after the listing, will increase the difficulty to recover arrears. So, B, in the hope of A company before the arrears recovery back. At the same time, because of the huge amount of debt, B company also do not hope for A company has outstanding litigation before appear on the market and lead to market failure. If so, A companies are more likely to repay the arrears. Then, in the A listed company before, what time to bring a lawsuit has become we need to weigh and grasp the problem.

After our investigation, A company has been the local securities regulatory bureau guidance, through the acceptance of materials have been reported, the SFC, the will. Will be passed, half of the company will be available within A. According to the listing process of A company, our strategy is, in A the company is on the front, by B company to A company to do two things, one is told A company, B company has been looking for litigation lawyers debt issues; two is to A company to send lawyer letter, warning if not timely repayment the company, B will take legal action. The two one, A company, B company and the lawyer immediately to the peace talks, only one day, the whole about 80000000 repayment plan on a.

Case 2

Our customer A company in Taiwan is the decoration company, decoration of a landmark shopping mall in Beijing. The owner is B. Decoration project is completed, B company owed about 20000000 yuan project of A company. Two shareholder in B (Chinese shareholder and shareholder) is the joint venture company control rights disputes, in the Hongkong international arbitration centre. This is our time when the case of the understanding of the situation.

Later, B company's shareholders to the court for confirmation of shareholder representative lawsuit, A company and B company signed a contract invalid. A company in the jurisdiction objection to the court (the contract agreed to the arbitration clause) at the same time, it takes B company as the respondent to the Arbitration Commission arbitration. But this time, the Arbitration Commission received a court notice, the court is B shareholders filed a lawsuit on the grounds, request arbitration commission to suspend the trial of A company in advance of the arbitration case. Although we think that the court notice reason not established, but because of the arbitration commission ruling by the court review of the Arbitration Commission to listen. So A company filed an arbitration cases were aborted.

Now in retrospect, if we take this case, can think of each other may go to court so sue, that we can suggest the customers as soon as possible to initiate arbitration, rob on the court of arbitration, the arbitration request and add a, asked to confirm the contract valid. If so, B's shareholders will not go to court to prosecute, or even to go to court, the court will continue to have difficulty hearing cases. After all, the arbitration procedure ahead.

Case 3

A Multi-National Corporation A rented B bus company in Tianjin, for employees to provide shuttle service. Once, a new driver B companies do not understand the rules, not wearing a seat belt on the bus. A company staff said, you must fasten safety belt. Thus, the two sides squabble. The new secretary mobile hand A employees a slap in the face. A company immediately terminate the contract. Bus service contract signed at the time of two years, also more than 1 years time left. A company after the termination of the contract and have to find temporary bus company new. The bus company's new price, A company suffered a loss. But B company to A company to terminate the contract or not, that is, a man a slap in the face, not to terminate the contract. Later, B went to the Arbitration Commission Arbitration, request that the act is invalid. A responding companies, the respondent to find Jin Du, counterclaim, demanded an apology, compensation for losses suffered by A company.

The arbitration court that day, because the other side is the applicant, each other speak first. The other said, how much they wronged, said before with A companies for many years, specifically for the A company to buy the car, the new driver hit a fifty or sixty year old man, was the good, is a A company employees do not speak politeness, etc.. The speaker is B company's legal representative, the parties. In general the arbitration tribunal to the parties say easier to believe. It has great influence to the legal representative of the arbitration tribunal. The arbitration tribunal makes a bad impression diandaqike to A company. Later, the arbitration tribunal presided over the reconciliation of the idea is A company, A company concession. The case in court the same day settlement to settlement, A company compensate the other party for 90000 yuan.

Now recall the past, if the customer when dispute occurs, find Jin Du or lawyers, lawyers may suggest the customers to the arbitration, request the other party to pay compensation for the losses. This will allow A to become more active in arbitration procedure. So, who is the first to sue, who to sue, the position of the parties in the proceedings of the initiative and will have a major impact.

The above 3 cases to fully illustrate, in the dispute occurs, what time the prosecution requires careful consideration.

(2) Action Rhythm

In the lawsuit, about the time and opportunity, and how to grasp the rhythm of a lawsuit in the prosecution or the respondent problem. A case, what is the fast, or slow, or in a stage to be fast, a stage to slow, need to carefully consider and weigh.

To continue the case mentioned above 2 as an example.

After the suspension of the arbitration procedure, we focus on the court. B's Chinese shareholder sue is to cooperate with the Hongkong arbitration procedure, applying pressure to the Taiwan side shareholders. Chinese shareholder claims, in Taiwan joint venture shareholders control, and A company signed a contract, the Taiwan side stockholder accreditation to B company executives and A malicious collusion, damage the interests of the joint venture company. Although the facts and law, Chinese shareholder lawsuit obviously inadequate basis. But the Chinese shareholder is Beijing is a large state-owned enterprises, have a greater influence on the court, the lawyer in Beijing is also good at domestic litigation. In the Chinese shareholders filed for A company's lawsuit, it has the similar facts and reasons, to another contractor filed another lawsuit as a defendant, and already by the court to support the request of judgment. So, in this situation, we estimate, a trial results of A company unfavorable larger possibility.

The case since 2008, we began to take over, until 2011 November, the first Chinese shareholders to withdraw to eventually ended in 2011 November, A company also received B company to pay the remaining all project funds about 20000000 yuan. This case is the victory. What is the key reason for this procedure results, is a word "drag".

We note that, the Chinese shareholder lawsuits aimed not only works, but to the Taiwan side vying for control of the joint venture company, its ultimate aim is to win the arbitration in Hongkong. While the Hongkong arbitration a lot of time and energy. Chinese shareholder is the Beijing municipal key state-owned enterprises. The joint venture company business is booming, but because the Chinese shareholder initiative to provoke a lawsuit, leading to the joint venture company for many years not dividends to the shareholders, the shareholders will be difficult to explain to the competent authority. Moreover, state-owned enterprises may be larger in a political struggle. If the enterprise Mister office a few years a lot of lawsuit, but a penny also can't take back, Mister man will have pressure. So, we estimate, for arbitration in Hongkong slow process, Chinese shareholder and shareholder and the possibility of a larger. And as long as the two shareholders of reconciliation, as to how to solve owed to A company's works, there should be.

Fruit otherwise, from the beginning of the second half of 2011, both parties for arbitration in Hongkong for a few years, the lawyer fees spent a few baskets, finally started peace talks. At the same time, we in the court proceedings, the jurisdiction objection to the jurisdiction objection, appeal the decision to the court trial, several times, to oppose the identification procedures, to the final identification procedures, to the two inspection of the scene, to raise objections to the evaluation report, "drag" for a few years. Just near the settlement in two shareholder, appraisal institution to make appraisal report. This report is to our disadvantage, nearly tens of millions of less than a fixed price contract. And in the two shareholders to sign the settlement agreement, the court suddenly notice the parties to court, evidence for the identification of the draft report. We estimate, the examination is the court should Chinese shareholders called for the convening of the. Court testimony is the purpose of quality certificate validity appraisal report, as Chinese shareholders and A talks project cost basis.

So, this time, customers put to us since we took over the case the phrase a most severe, we no matter what way must prevent the court from shareholders in the final settlement agreement signed before the court. After our efforts to communicate and court, in court has been unable to hold oneself back to court summons issued under the condition, finally agreed to our request, cross examination of appraisal report session was canceled. A few days later, we heard the Chinese shareholder and shareholder and news. But, as the two shareholders the terms of the settlement, the shareholders must be before the end of 10 to withdraw the court for A company to prosecute.

Jurisdiction 3, the art of war "to" and "in litigation"

"The art of war" on "to" refers to the battlefield, where the war.

In the litigation, litigation is crucial in where. The lawsuit is in the local call, or in the field of play, in addition to the cost of litigation size is different, there are two more important reason:

(1) in the local call, parties can use resources more, but in the field, the unfamiliar, the parties may use less resources.

In the following cases.

Case 4

Our client is a leading global Multi-National Corporation A excavator manufacturers, through agents all over the shop sales in the excavator. An excavator was sold in Greater Khingan Range in the deep mountains and forests, the excavator unfortunately caught fire. The fire is man-made, or the machine itself quality problems, it is not clear. Because, the ignition time is a 12 point night, machine burned for four hours, the only witness to machine the fire scene, only two of the drivers on site.

Later, the user to bring an action in tort to the agency as a defendant in the local agent is required to store, compensation for damage. But users claim is the essence of breach of contract litigation request. The reason is because sued in tort, contract disputes jurisdiction (agency local Shenyang). To bring an action in tort, the user can suit in the local court.

Receipt of user complaints, the Agency proposed jurisdiction objection, dismissed the court of first instance. The agency appeal, dismissed the second intermediate people's court in the local. The case into the substantive hearing. According to the agency's lawyer said, when the first hearing, the other party invited local television audio and video on trial, said this is the product quality dispute case serious. At the same time, also found a local Mafia containment at the gate of the court, to put pressure on the agency's attorney. The two lawyers in court after the court is please open the back door out of the. The place is very small, only a good hotel on the court side, the agency's lawyer after the hearing, had just returned to the room, he received the other party from the hotel front desk phone, asked them, let them a good rest at night. Two counsel shop car overnight rushed to leave the local.

Therefore, in the local, the other party has many resources available, but if the battlefield shifted from local to local, from far away the city, even to my party is located, the situation will be quite different. The other party can't say hello to so many external forces.

(2) China judicial local protectionism, especially in economically underdeveloped areas is so. In the play, less possibility of loss, while in the field of play, a greater possibility.

Local protectionism China justice in the general. Especially in economically underdeveloped areas, local protectionism is particularly serious. Involving local protectionism case, if the parties in a lawsuit on behalf of the own site, action can be smoother. If the parties in the other sites of litigation, litigation was often more difficult.

Of course, also don't believe that local protectionism will only Chinese only. According to occupation experience in America court said, some state courts in USA, if the judge is elected by popular election, the judge relates to local party cases, there are also local protectionism. Once encountered this kind of situation, coping strategy field parties usually is, to transfer the case to the federal court.

Proceedings in the battle for the dispute over the jurisdiction. Jurisdictional disputes are divided into two kinds, one is litigation case does not involve an arbitration clause, one is related to the case of the arbitration clause.

On the litigation case does not involve an arbitration clause, a jurisdiction has two basic ideas, namely, or is a territorial jurisdiction, or is a jurisdiction. Is generally the first to hit the region jurisdiction (including exclusive jurisdiction), territorial jurisdiction can not play, then play the grade jurisdiction, the jurisdiction the jurisdiction. For example, to land the other party to prosecute, consider increasing the claim amount, improve the grade jurisdiction, for instance to the local court, even to the court prosecution in our party; site, ask small litigation request, the court after the case, then increase the litigation request and so on.

In addition to the above basic train of thought, there are two ways can be considered: (1) by an additional third people change the territorial jurisdiction. For example, A for the producer, B for the seller, C for user, the quality of products, against the C rights, rights to sue C, B and C in the local, but B didn't have the money, A rich, but A in the big city, such as Beijing, Shanghai. In this way, C can be charged with B as a defendant in the local, and then listed as A or appended to the third party without independent claim. Third people can not raise objections to jurisdiction. But the court has ruled that the third party without independent claim responsibility[iii]. (2) by changing the change of territorial jurisdiction. For instance, in the above case 4, the user is through changes in case to avoid jurisdiction. In contract liability and tort liability, if the infringement to the jurisdiction of the court is more favorable to one's own, can consider to abandon the liability for breach of contract and liability for tort claims.

It relates to the case of arbitration clauses, the basic idea is, there is an arbitration clause stipulated in the contract, the other party to arbitration, we can consider that the arbitration clause is invalid; the other party to go to court, we put forward the contract with an arbitration clause. As the plaintiff, knowing that if the contract with an arbitration clause, and the clause to determine valid. Then how to avoid the arbitration clause? Method can consider is, change the prosecution case, such as the contract dispute as tort dispute; arbitration clause will not be included in the proceedings the parties, because third people do not exist in the arbitral proceedings; etc..

For example, in the case of 2, Chinese shareholder Sue confirmed invalid contract is B company and A company signed the contract agreement, the arbitration clause. Chinese shareholder is successful in court proceedings for the confirmation of A company and B company signed a contract, there are two main steps: (1) design, the shareholders of the prosecution case is the company executives and third party malicious collusion, damage the interests of the company, is the infringement disputes; (2), Fang Gudong B filed on behalf of shareholders litigation, arbitration clause as Chinese shareholder is not the party, not subject to arbitration clause, but our country law has not stipulated the shareholder representative arbitration system.

4, the art of war "will" and "the lawyers in litigation"

"The art of war" in the "will" refers to his commander in chief, and puts forward, will, must have the wisdom, faith, benevolence, Yong, Yan five qualities.

In the lawsuit, "will" is also very important. Proceedings in the "will" refers to the law case, which is mainly responsible for the case of personnel. This person must be on the facts of the case and the related legal well, play the leading role and in the case of planning and strategy, and the law as a barrister.

"The art of war" requirements "will" should possess five qualities, to the lawyer can also be used in analogy.

"Wisdom". Lawyers should be witty, at least this wisdom embodied in the following aspects: (1) the facts of the case to discover the minutest detail in everything, are very sensitive to the associated with the controversial focus of the case facts; (2) the recognition accurate and comprehensive in the lawyer may exist on the case of legal disputes and risk; (3) in the formulation of action plans and strategy, can have the overall planning vision and ability; (4) the lawyers and judges, the parties in the communication (hearing, meeting conversation, unilateral), can adjust to changing circumstances, alert to identify differences, both sides of the conflict, the other judges concern, and to respond promptly and so on.

"The letter". Lawyers should be honest and trustworthy, to speak, and they. "Letter" to customers, in order to obtain the trust of customers. Other members of the team "letter", in order to get their heart and support. The "letter", in order to obtain the respect and trust of lawyers. The trust of customers and team members really support is the basis to ensure the team closely. And judges to the lawyer's respect and trust, is the foundation of a lasting, healthy and good communication and relationship with the judge.

"Benevolence". Lawyers need to justice for his. This righteousness at least embodied in two aspects as follows: (1) to provide legal services not to money, and to have a certain social responsibility, to have, not to do something. Of course, this idea has a lot of controversy. For individuals, it relates to personal occupation to understand how the trial lawyer. For an occupation groups, responsibility to the society can expand the positive effects of this occupation groups in society, expand the occupation groups in all fields of society activity space. The occupation group is composed of individuals. The group effect cannot do without the efforts of individuals. (2) the lawyer to other members, care team especially assistants and support staff. Enthusiasm it actively cooperate with the whole team, to ensure the transfer of each member of the team is particularly important. For each help colleagues, timely response. For colleagues efforts and progress, timely recognition and praise. For any comments and suggestions of each member of the team, no matter how the member qualifications is shallow, as long as the pertinent opinions and suggestions, should be given attention and adoption; etc..

"Yong". Lawyers need to have enough courage and confidence, in the face of the complex and unfavorable situation can be cool. Different from the non litigation, litigation dispute is. The disputing parties contradictory. Counsel cases represent a party contradiction. Representing their lawyers and other unavoidable contradiction. In some cases, the contradiction will make the lawyer at a disadvantage. This disadvantage may be threats and intimidation from each other, and even personal attack; also may come from the court for each other and their lawyers tend to give pressure. Deal with the crisis situation requires "yong". "Courage" to "intelligence" as the premise. Wisdom is courage, wisdom is the courage.

"Yan". The lawyer for the team member's work requirements must be strictly. Strictly this requirement is determined by characteristics of litigation lawyers work. One of the biggest characteristics of litigation lawyers work is rigorous. Review the material to be a comprehensive and detailed analysis, to deep, ideas, legal documents, language expression to rigorous. Miss a fact, a little analysis of a problem or a problem, thinking less of a link, a chain of evidence, legal documents more words or fewer words, and even play a wrong punctuation, are likely to impact important even decisive to the outcome of the lawsuit case. Remember, any comments our to provide any material, published, slightly flawed, are likely to be attacked their ammunition.

Internal management 5, the art of war "and" law "in litigation"

"The art of war" in the "law" refers to the legal system of a country and its implementation. "Regulations" to "strong", the "practice," soldiers ", the reward and punishment".

In the lawsuit, according to internal legal system of a country, customers and (especially) management system and its implementation within the firm is also very important.

Nothing can be accomplished without norms or standards. Multi person to complete a thing, and by the whole team finish the task with high efficiency, need corresponding institution management team. Many companies, including firms, have management system. Management system is good or bad, a reasonable division. Good, and get practical implementation management system to ensure that the enthusiasm of the staff into full play. Each member of the team and litigation cases (including lawyers and assistants) initiative into full play are necessary conditions to obtain the best results and security cases.

(the second part of this thesis will be in the next blog published, please look forward to.)