Practice feeling - I'm a lawyer 01

Practice feeling - I'm a lawyer

This post is to share the feelings and experience as a lawyer. I want to introduce how to become a lawyer? I have what experience and lesson? This may provide some reference for the later.
　　
Or to introduce myself first!
　　
I am currently doing legal advisor in a Multi-National Corporation, two years ago when the entry is group legal adviser, is now a senior legal adviser.
　　
I have a international financial organizations doing projects legal adviser. Working in a Beijing law firm, but when we almost got the license, went to a America LLP Beijing representative office.
　　
But I said I was a lawyer, no error. I passed the America New York state bar examination in 2003 February, and obtained a lawyer's license there. So, strictly speaking, I am American lawyer, although I also passed the Chinese lawyer qualification examination.
　　
Ordinary consumers know our company, because the Associate Company production of mobile phone terminal our. But my company is an investment company, more than 10 under the jurisdiction of the subsidiary companies, the main R & D, production and sales of telecommunications equipment, network and scheme etc.. Our customers are mainly telecom operators and some large enterprises.
　　
But I personally more professional skills is the real estate (which I accumulated during the years of work experience in). I wrote an introduction China real estate law book in 2005, is English version. Because these two years has introduced many new about real estate laws and regulations, I will book the update, next month will be published by a famous America legal publishing company in English.
　　
To make a long story short, I still love this occupation of lawyers is, although this occupation full of hardships. I like almost all sectors of the law. As I wrote in 2004 to introduce a system of legal evidence American book.
　　
But now I'm working mainly is responsible for the review of contracts, and legal affairs, housing rental and purchase etc..

To see so many people the jar has bitter history so much, I feel very lucky. In contrast I still very smooth.
　　
I personally think, choose to be a lawyer, you should have as its lifelong occupation mental preparation. Being a lawyer and engage in other occupation no substantive difference. That is to say must adhere to. Life can do things of the golden age at the age of 20 - 50 years old. At this stage, must as soon as possible to do effective preparation and accumulation, if the age of 40 began to accumulate, of course some late.
　　
In addition, also not instant success. Everyone has a different background and luck. Or should look farther, as the saying goes: "he who have sorrow".
　　
My first job was the Government Civil servants. The main duty is to the real estate development company approval housing units permits. It should be said, I don't like office work. This is the young man's restless and unrealistic, but also on the organ duplication, boring work tired. But after the work has influenced my occupation planning.
　　
For example, when I left the office for 99 years at offer, a law firm in Beijing. My lawyer assistant, it seems nearly 3000 yuan wages. For a few days, I went to a UK law firm Beijing representative office as the assistant. The local are interested in me, because my job in the civil service background. Later in the USA, an international financial organization to recruit our interns, importance is my civil service background. Practice for a period of time, he hired me to do the project legal adviser, responsible for the review of the loan contract available for developing countries. Then later in the organization in Chinese "land reform" project.
　　
After returning home, I worked in a Chinese and America work, they value or I in the real estate experience.
　　
Seek truth from facts to say, at that time, because of the organs of the tired, but also lead to the real estate business tired. In addition, my partner is a very intelligent person. Although I very want to learn some of the real estate business, but he is not willing to teach. Therefore, the business of real estate is not very understanding. Later on the real estate business familiar, that he wrote the book, or the accumulation of work experience.
　　
In a civil service job gave me the inspiration is: your first job may affect your life. Take things as they come. Sometimes a person can not grasp their own destiny, then you should seriously study and practice the use of existing resources.

Thanks for the compliment, I'll write down!
　　
Say I is how to find a lawyer assistant working in a foreign law firm.
　　
In graduate school, I very much looking forward to working in a foreign law firm, after all high income. I was an introverted person, not good at communication, I think the foreign environment, may be the relationship easier. But the job is not an easy thing in the foreign law firm. I give all the foreign law firm Beijing representative office in Beijing to throw the resume. To get an interview opportunity only two, a German Institute (G) and a British Institute (B).
　　
G was in the Lufthansa office, now with another famous British merged, called C. The interview I was a German woman and beautiful German middle-aged lawyer. We talked very happy, also gave me hope is very big, but was not successful. But we have kept in touch. In 2003, young female lawyers still remember me, I participate in the C law firm job interview is also introduced, but without success. In fact, I don't know why G didn't hire me. The proposed C interview me but when the issue is very interesting. They asked what I'd done projects in the government? I personally think that this question is for my experience in law firms or international financial organizations, rather than the government. Front said, as a civil servant, I was responsible for issuing permits housing units, say what the project more or less be wide of the mark.
　　
Then B. My interview is a work at the Hongkong Office of L bar. L lawyer is a lawyer I respect very much. Later in my career life, he gave me many help. Give me an interview, it should be 98 years. Although he was only 36 years old, but already is a partner of B Hongkong representative office.
　　
He flew from Hongkong to Beijing, staying at the Kempinski Hotel. I can't remember what we talked about. But a joke I remember very clearly. I asked him how many one night Kempinski Hotel. He said 200 yuan. I was very surprised and said: "don't you!" He soon know what I mean, said: "200 dollars".
　　
L lawyer was on me, he will be transferred to the Beijing office chief representative from Hongkong office. He told me the impression is very good, when he comes to Beijing, can consider hiring me. But until I resigned from the work of the government, no news of him, also don't know whether he has come to Beijing.
　　
I want to know the result, they called him. I was disappointed by the result. The original L lawyers to Beijing office as first generation have been half a year, and have found a returned from Canada's lawyer. It has no budget. Then I knew, when looking for a job, if you decide to hire, company will notice very quickly. But if long time no news, mostly not hired.
　　
To find a job in a foreign country is very difficult. So I decided to try again. I gave him the phone, I intend to go abroad. I wanted to go to his office practice. Before leaving, don't pay. Mr. L is a very good man. He immediately offered to give me this opportunity, and said, give me not lower than the wages in the government.
　　
I am very happy, cherish this opportunity very much, want to get some experience, future lawyer. Here, my first exposure to Due Diligence (some translation for this word and business due diligence). Is also the first time heard the word Legal Research (legal studies). Here, I will not be on the domestic law education. A little emotion. A consensus of the legal profession, legal education we are seriously divorced from reality. Like the Due Diligence and Legal Research this word and business, in the university where no one spoke. Know that I first heard the word Legal Research is reflected in what? B is a senior partner of J from the Hongkong office. He is a very good English gentleman. The old man said to me: "I heard you want to USA reading. Welcome you to come back to work after graduation. L said you were very good at doing Legal Research". Yes, I did do the Legal Research. But I don't know what I did was called Legal Research. So listen to J said. I thought this is similar to a kind of academic research!
　　
I am in B had a short, but very happy time. At that time Beijing office only four people, the boss, a lawyer, an administrator, a secretary and I. My job is a lawyer assistant. This title is also the result of the role of the market. At that time, foreign law firms to establish offices in Chinese not much. They recruit lawyers are generally foreign law school graduate, a foreign lawyer's license. Although I do is assistant, working content is a lawyer. This point and local American lawyer assistant is very different. In American, assistant lawyers and lawyers do not belong to the same series, they are mainly engaged in administrative affairs. So, if you do assistant lawyer in Chinese, then to the American local law firms looking for a job, you must explain to them what it means to know China lawyer assistant.
　　
L lawyer is a very professional, fair person. B one day soon I arrived, he said to me: "I found you English write very well, I will fight for you. It is unfair to you." He sure is very happy, but I didn't take his words seriously, think he is encouraged me. To my surprise, the second day, he informed me, has been in line with the market price to me the salary. I'm very proud, grateful. After all, this is my first time to make such a high salary. At the same time, also shows that when I was looking for a job to take the right strategy.
　　
Tell me in the experience of B, a person to learn to work, to create opportunities for others to understand you, to persevere. Of course, the most important is to have certain conditions. I thanked L lawyer, he said: "the question is, do you have a certain condition. Otherwise, want to help you can not help."
　　
I am in B work only five months time, went to the USA. L lawyers I leave so soon some mind. But he also expressed understanding. We then keep in touch, and he gave me a lot of help.

The lawyer is essentially businessman. I personally think that, to be a successful businessman should learn to share interests, now fashionable term called "win-win" (my friend told me this is the view of Li Jiacheng). The lawyer work pressure, some lawyers think only of yourself, it is not easy to have long-term development. I had to B a T law introduced a little case, he was told to me 5000 yuan fee, but he received the money did not see action. So I spent a lot of brains. In fact, I sent the case to him is also a lot of consideration. Have a lot of friends as a lawyer, he and I just know. I want to go abroad at that time, the money is really important for me. If the case is presented to the best friend, one cannot talk about money, and even on a good, if your friends don't materialize, also don't ask. So little money, not worth the friendship lost. In addition, some of the best friends, do level.
　　
Later, I gave T a lawyer on the phone, he have not about money. I said: "this is our first cooperation, it is only a master hand's first small display. The feedback is very good. Now I have a friend is the vice president of a bank. They and a customer loan. Disputes, scale is very large, has sued to the court. The vice president decided to I help treatment, but also need to governor nodded, but the problem should not." Guess the effect how? The lawyer the morning of the second day I haven't been to the office, I sent money.
　　
One of my best friend knows this after the event, very angry, say: what is a friend? Friends should be thinking at the most critical time yourself. Seek truth from facts to say, in that case, I think the first thing is he. Did not find him, in addition to selfishness, still feel that the image he is not professional. The principal is a Shanxi company. The first defeat of the case, be sure to find a Beijing lawyer out. The principal friends find me, I also recommend him, but the two friends who know each other, don't think it is appropriate. I think the most important friend, mutual understanding between. Friends do not have what thing you do, naturally has his own difficulties and consideration. This is my years of working experience in.
　　
I gave a friend introduced a case last year, he received 600000 of the agency fees. All I get in return is the Spring Festival, he sent me no more than 10 words of text. There are several case this year, I was never introduced to him.
　　
Generally speaking, I am not a very good brains. I used to have such a project in a USA lawyer's office. A Southeast Asian customers to a southwest city real estate investment. Investment is the purchase of Target Corp's equity or cooperative development. But the Target Corp asked the businessmen to invest 8000000 yuan as start-up capital. Do due diligence before the boss told, this project is very important for our performance. Of course I also want to do.
　　
However, in the interviews and review relevant document to the Target Corp, I found this project is false. Target Corp have proposed development projects of the land use rights, but without any documentation to prove it. It is no exaggeration to say, the relationship between Target Corp and the land development is equivalent to our station in Wangfujing street, the investor's announced that this land is my. The only difference is, the local City Hall has a quasi land development approval, but the reply content is required for the land shall sign hung open manner transferring, which amounts to a refusal of Target Corp by means of agreement to obtain land use rights application. Not like the Target Corp announced that, has been City Hall approval. The most interesting is the Target Corp, a deputy general to we frank, marked boundaries red is their own, rather than planning departments to draw up.
　　
Originally, the project should be a female lawyer led. But customers, the lawyer is Amazon forests and boyfriend hummingbirds! When she learned that missed opportunity after very angry.
　　
Our survey results of course made the boss down to the extreme. The female lawyer and adding the trimmings, "how do you know how to do? Maybe developers skill, will be able to get things done."
　　
Objectively speaking, as a lawyer, but also as a businessman, if you want to make money from this project is not possible. For example, can incite customers and Target Corp signed a contract, agreed to among them, unless the Target Corp can acquire land use rights in a particular period of time, otherwise the customer as the Buyer no payment obligations and can also ask the Target Corp to provide performance guarantee. As long as the written contract, negotiation, the lawyer can billing by the hour, money, even if finally do not, the risk will not be great. Of course, just this money earn too hard.
　　
A year later, vice president of Target Corp also specifically call me, on my rigorous tribute. He also told me, the project did not last.
　　

　　
This section mainly to just started practicing lawyer, as a reference. I can understand just started as a lawyer: eager mood, self-esteem is often no place to start. At that time, I hope someone can give me help and guidance sincerely. I encountered such a law, give me a lot of valuable guidance in our practice at the beginning. But not all lawyers are so lucky, and not every experienced lawyers willing to help. Experienced lawyers often give you even a targeted comments, you will feel the benefit not shallow.
　　
To talk about the contract! Because the contract is our most, the most common treatment, but not small knowledge of legal affairs every day.
　　
When it comes to contract, is the main drafting and review the contract. This is not an easy job. The contract is equivalent to the legislation, in the transaction between the main body to no danger of anything going wrong, of course, very, very difficult. The new law, modest, studious attitude is very important. The law is a practical science. A lawyer should be more experience. Smart everyone more or less the same, experience is the key factor. Experience comes from where, of course, is as much time as possible, as much as possible. So some lawyer was very young, but the practice is a long time, natural experience is also very rich.
　　
Draft the contract the most important thing is not behind closed doors. Now all kinds of contracts meet the eye everywhere. In front of the hands must ask colleagues, friends or on the Internet or other resources Kuchar check. And then to transform the use of existing text is a shortcut. Some lawyers good face, stuffy head on her own, the spirit is commendable, but inevitably. Especially some contracts related to technology, business, legal, financial and other aspects. Then we must let business people to write a rough draft or provide a text. Rough does not matter, the lawyer can serve as a basis for further processing.
　　
Say something about how to review the contract!
　　
I first review the contract, it is be nonplussed over sth.. Like many lawyers have no experience, I focus my attention on the text itself. The text itself is certainly important, but a skilled lawyer can jump out of the text itself, which requires the accumulation of experience.
　　
I personally feel that the method according to review the contract is very important.
　　
First of all, to offer you review the contract task, the general customers, communicate and exchange. The primary task of customer is to make money, so to facilitate transactions. Through the communication with the customer, you will often find, they give you things are not what they really want. This may be caused by many reasons. Customers generally in the form of ideas, always walk in front of you. Most customers do not understand the law. Some customers in order to facilitate transactions, often intentionally, not hide some important information, or give a misleading, or even false information. Understand customer's real intention is very important, otherwise it will draw further apart, wasted effort, even will bring risks to themselves to the customer losses.
　　
Secondly, to fully understand the laws and regulations and customer's own information. To understand the laws and regulations in order to compliance review transactions, the attorney general will notice. But the understanding of the customer's own information, not all lawyers have this consciousness. I called the customer's own information is the main customers of internal rules and regulations. Many Multi-National Corporation have very complete business directory, such as the terms of payment, how how long is the warranty etc.. In the contract review, also need to be reviewed for compliance with company policies. If the terms of the contract is inferior to the company's catalog, generally require special approval within the company.
　　
Third, we should always remind ourselves to you on behalf of one side, as if to protect their own interests, safeguard the interests of customers. Another point of view, of course, is to have a sense of risk. Take a look at what terms may pose a risk to your customers. Help your clients evade the risk, will help you avoid the risk.
　　
Fourth, pay attention to the relationship between the coordination of various departments and customers. Especially large internal customer relationship is very complex. Such as the need to please any law firms may be the results of an internal struggle. The part of the people lost the battle is likely to give you up. In addition, as mentioned before, relates to many large contracts to technology, business and finance. A lawyer should fulfill their duties, but also not reluctant. For example, if you think that a clause may involve financial, tax, be sure to remind customers. But don't speak, unless you are a tax specialist. This is to protect themselves!
　　
At the beginning of fifth, repeatedly said! To jump out the contract itself. As in China, especially foreign-funded enterprises, the management behavior in addition to subject to the business license prescribed business scope restrictions, but also have the quality and so on. Therefore, review your customer is qualified Contract subject is very important. Another generalization, review the contract should pay attention to the details, but also the overall point of view, to avoid terms between stultify oneself.
　　
Sixth, to grasp the particularity of each contract. Clients are engaged in the business of all kinds of. In addition to the common contract, different business has its particularity. In addition, the different focus of attention of the exchange may vary. As to the software for equipment purchase contract, intellectual property provisions is very important, need to pay special attention to.
　　
Seventh.