Lawyers involved in the path of the most convenient enterprise legal risk management and related documents reading and the enterprise legal risk management forum

The man of wisdom lawyers disclosed for the first time and depth interpretation of its eight years of legal risk management of actual core documents, wonderful not to be missed!

(this is the man of wisdom lawyer responsible person, Pacific (Guangzhou) law firm partner Wang Silu Ying Yingke (Shenyang) law firms invited, and Pacific (Shenyang) law firmPrivate equity and investment and financing legal affairs director Gao Dashi lawyers in legal risk management of enterprises brought about the text.)

Lawyer Zhang Lifu (host):Welcome to Shenyang's eighth law forum. This forum we invited the Pacific (Guangzhou) law firm Wang Silu lawyers for everyone to do "lawyers involved in the path of the most convenient enterprise legal risk management and related documents reading" the theme of his speech. Before the lecture started, first invited director of Shenyang's Xu Shuangquan law firm lawyers, development problem simply and talk about the group's.

    Director Xu Shuangquan:Everybody is good! Today is the Shenyang company held eighth lectures, very honored to partner Wang Silu counsel to Guangzhou's and Shenyang's, he will partner Gao Dashi lawyers, corporate legal risk management department director Zhao Wei lawyer, come together around the enterprise legal risk management subject, to discuss with you.

   When I entered the trade of lawyer, lawyer Wang Silu to become the "lawyers and legal" magazine, known as "the man of wisdom". He left me a very deep impression. I also have been concerned about the man of wisdom lawyer, did not expect today fortunately and Wang Silu's lawyer become colleagues. First I want to suggest that everyone with warm applause to welcome Wang Silu lawyers coming.

Would like to take this opportunity to talk to you about the problem of two's legal forum today.

 

Graph / Wang Silu lawyer

One, company legal forum will continue to be a driving force for the development of lawyer industry.Some people may think we hold the company legal forum, purely for hiring lawyers, dig the corner. If we take this as the objective, then we won't have to hold this forum, but not be held, because our contract law has nearly 90 people. Our lawyer and partner station room has been basically saturated, we have completed the process of scale firms, law firms to achieve the next step of specialization and improve the lawyer revenue.

   The reason why we would persevere in it, but also to refine on, to only two. The first objective is to develop our ideas and vision, learning successful lawyer advanced concepts and experience, promotes the Shenyang lawyer's legal service ability. This is our classroom's original intention. The second objective is to continue to pay attention to Shenyang lawyer industry development and the lawyer's own business improvement. Our lecture in the beginning of time, here are some young lawyer, now I notice of senior lawyers more and more is also involved in our activities. This shows that our forum influence expanding, we also illustrate the lecture at maturity. In the next classroom, we will strengthen communication and cooperation with the Shenyang Judicial Bureau pipe at the Shenyang Lawyers Association, for the support of. There may be some colleagues noticed, we believe Ping director joined us forum QQ group, but also issued a notice of this talk, that there is support for the leadership of our activities.

   Today's forum is the eighth period, we each month at least hold a forum, and continuously improve quality of classroom. For one thing, if only do one or two times, others will think we are in the show; if long-term to do so, others will think we're doing business. Everyone knows Zhang Xueliang and Zhang miss love story. If they are in love for three years, it is a love affair with vigour and vitality; if they fall in love for thirty years, that is the love with vigour and vitality. I think you need to verify the time, I hope you continue to support our forum, jointly do a good job in the classroom, let's legal forum truly become a driving force for the development of Shenyang lawyer industry, we are also willing to do so.

    Two, healthy competition is the motive force of the development of our lawyers industry.In a market economy, competition has any one of the commercial areas are inevitable, which is the continuous development of commercial power forward, the lawyer industry is no exception. Since we are keen to do on the network, are keen to promote their business through various forms, then, law firms and law firms lawyer and lawyer, always facing business competition. May we started to enter the Shenyang lawyer industry, impact on local law firms. When we have just held the first period and the second period class, someone says: by this form of tender's lawyer, is unfair competition. If they send SMS text messages, to the Bureau of justice to accuse them. I think this kind of competition is normal. If the company prior to the arrival of the competition of Shenyang lawyer profession is the undercurrent, it's come, just put this competition has made waves. With the competition of lawyer's stability, will become a can promote the development of the industry competitors. I believe that our lawyers, for PCCW hostility will gradually reduce.

   I hope today's lecture, we can bring the harvest, thank you!

    Lawyer Zhang Lifu (host):Thank director Xu Shuangquan's lecture on one of the most realistic evaluation. Below into the current forum link. Below we before the lawyer Wang Silu please come out, the first to introduce the Wang Silu lawyer.

   Attorney Wang Silu is a man of wisdom lawyer responsible person, Pacific (Guangzhou) law firm partner, government / enterprise legal management experts, government procurement expert, Southern Newspaper Media Group Legal Advisory Committee of experts, Guangzhou city housing transactions expert, once (now) the national, provincial or municipal (civil penalty visiting professor of law) professional committee, Zhongshan University and other schools, to"Man of wisdom"The mainland and Hong Kong and Macao. King lawyer study and practice of law for 20 years, formed its own unique style. First proposed in China"Legal risk management new vision"The concept, and the concept of creating a government / management mechanism of enterprise legal risk, and the first government / enterprise legal risk management team service mode, known as"The first person Chinese legal risk management". Below please man of wisdom Wang Silu lawyer.

    Wang Silu: enter the theme, I also want to exchange with you, see you on what issues are interested. Here are the entrepreneurs? There is no business managers? No. Our lawyer served as corporate counsel, raise your hands. The friend, providing legal services for enterprises in you, think the enterprise pay more attention to what the problem?

   Answer: I think the primary objective of enterprises is to profit, in the current legal framework, to optimize the trading results, I think this is a lot of enterprises are concerned about the problem.

    Wang Silu: I ask you second questions. To provide legal services for large enterprises, you receive an annual legal advisers charge probably how many? Who can answer this question.

   Answer: according to my counsel experience, according to the size of the business and legal affairs fee. Lawyers in Shenyang industry, 15000 / year, 20000 / year has, of course the 50000 / year, 10 million / year, or even 200000 / year has, is mainly decided by the lawyer qualifications and industry.

Wang Silu.I focus on lawyers fees, do a simple introduction to legal risk management. At present, the legal risk management market is quite large, a legal risk management fees may be 100 million. At the beginning of 2010 big legal risk management team law firm involved in legal risk management services to China Mobile group, the lawyer fees are quite high. I have a friend who is a legal risk management research, through years of enter new areas, his total assets has exceeded 20000000. However, why we do legal counsel, especially in providing legal services to small and medium-sized enterprises, lawyer fee will be so low? In the previous lecture, also a lawyer friend asked me this question. Is actually very simple, because his service is worth the money.Some people have done statistics, perennial legal consultant is the time of input and output is the lowest legal business. Why? It is because of the traditional legal consultant service threshold too low, not high technology content, almost all lawyers can carry out legal advisory business, which is easy for the legal service market. On the other hand, the traditional legal counsel services are often not in place, not really for the enterprise to save, to maximize the benefits, some black heart of the attorney advisor, but manufacturing litigation dispute, urging action, in order to maximize their own interests. Therefore, many enterprises took counsel as a burden of the enterprise, rather than a resource. Flooding in this law, the enterprise is not willing to spend more money case, undoubtedly caused legal service market overcapacity.

   With the peer exchange process, I found that many people think a -- how to get a high degree of customer recognition problems too, mining to the more business opportunities? But why do so many people not to dig into more business opportunities? There are many reasons. One is that he can't really do care for others, care. Why do so many lawyers to participate in Yingke Law lecture? Because this forum's host, not to recruit lawyers, and focus on what can you get from lawyers are concerned, concerned about. Providing legal service is the same, whether you really from enterprise operation, find it concerns. I like many executives over the exchange, the maximization of enterprise concerned lawyers can help it to achieve benefit at the minimum cost. If you can't do this, then the law value of the service to the enterprise greatly reduced. Enterprises have problems to find a lawyer, does not have the question away.

   Enter the theme before I told you these two points, one is the legal risk management fee is quite high, second legal risk management and legal counsel traditional different. (see"Large enterprise legal risk management and market development") in previous lecture, I talked about this part of content, today will try not to repeat. There is a core of today, is the interpretation of legal risk management process and related documents. This is the first time we put the legal risk management part of the core processes and documents out with everyone together to discuss. I used to like the areas inside the colleagues, not yet out, why? Because we r & D cost is very high, also involves commercial secrets of customers. Of course, take out the share of the instrument was processed.

   Why take out to share with everyone? We have is the high-end products, the high-end products can be replicated, but in Chinese truly master little such high-end products. In his system, through the integration of resources, we can fully exploit the market.

   The Pacific in Shenyang, tall stone lawyers are concerned about legal risk management, legal risk management has also been involved in Liaoning province mobile.. Today I mainly introduce the concept of legal risk management, history of legal risk management, market management service legal risk cake is much, who is China's major market participants, how do we fast, convenient in legal risk management, to achieve a win-win situation with customers.

   Finally is the interpretation of relevant documents -- the core part of this lecture. Today, my assistant Wu Jiezhen also came over, he is the legal risk management processes in our team of engineers, legal risk management process, and the mathematical model are quite familiar with the template.

In our national policies and regulations, provisions concerning risk management and legal risk, but there is no legal definition of risk management. Legal risk management, is based on our national policy in combination with the specific practice of central enterprises, the creation of the concept in practice.I am in previously published articles, lectures and in the process of legal risk management services for enterprises, but also try to define the concept of.

I thinkEnterprise legal risk management, is the law as a resource, management perspective to help enterprises to minimize the cost, maximize the interests of.Although, at present in our country the legal risk management concept has no uniform definition, but we agree that. First, the law is not only a skill, but also is a kind of management resources, services to enterprises. Second, the legal risk management aims to help the enterprise to realize the maximum benefit at the minimum cost.

Legal risk management is a cross discipline. First, it is the concept of management and risk management in the. Secondly, it is the branch of Applied Science in the. Because the management person not versed in the law, in the field of law of people do not understand the management as a cross discipline, risk management and application of law, is a marginal subject. In this case, legal risk management is a Chinese response times, its process is by managers and lawyers to feeling stone to cross a river to promote.

The value of the target enterprise legal risk management is the most ultimate,Legal application in management science should help the enterprise to realize the wealth of value-added to mechanism; legal risk management with a business to subvert the traditional legal system; construction of legal risk in line with national conditions"The firewall"Help enterprises realize; the maximum benefit at the minimum cost; winner of icing on the cake, to lost timely assistance, let entrepreneurs to prevent trouble before it happens.

Graph / Lecture

Risk management originated in the last century20In time50The formation of independent system in America, then in the70After the 1970s is widely used in business and government, especially in the911Enron event and a series of government enterprise crisis, risk management tide swept the world, legal risk management as an important branch of risk management, emerge as the times require.

From the1988"Basel protocolI"And1992Years "COSOEnterprise internal control integrated framework ", to the development of2004Years "COSOEnterprise risk management integrated framework "," Sarbanes Oxley Act "and2010Annual "Basel agreementIII", that the countries have to rise to the level of legislation of enterprise risk management.

2005Years3Month18Day, the SASAC held the state-owned key enterprise legal risk prevention of international forum, in the meantime, Lu Wei law firm issued a "China100Analysis report "ranked strong enterprise legal risk environment, caused the high attention of the sasac. So, in the2006Years6Month6Day"Notice" issued, the SASAC issued guidelines on comprehensive risk management of central enterprises, the central enterprises to gradually establish a risk management system, including the legal risk management. This marks the construction of legal risk mechanism of the enterprise has risen to the strategic height of central enterprises.2007Years1Month19DayThe National Association of industry and commerce, also issued "several opinions" on the strengthening of crisis management to guide the work of private enterprises, to pursue legal risk management in the private enterprises. To2008Years, the central enterprises according to the SASAC issued the template, the comprehensive risk management reporting year.

   Legal risk management in our country has risen as a national policy, even in private enterprises. China currently undergoing the transformation rule by man to rule by law in market, development and policy are inseparable. Communicate with some of the top lawyer friend, someone said"Hot spot you want to find the law service market, then you must see" news broadcast "or" people's Daily "daily headlines."

China lawyer development only 30 years, in the 30 years, the Chinese Choi Chi lawyers have a great relationship with the national policy.The first is the beginning of the last century ninety's the opening of capital markets, corporate listing trigger. At that time, the official set off a shares listed on the wind in large state-owned enterprises, more and more companies need to recapitalise listed.1990Years and1991Set up the Shanghai and Shenzhen stock exchange to directly promote the stock all the way. When the Shanghai index100Point, two years after it soared to1429Point, which rose14Times. In this wave of listing, sensitive law firms and lawyers quickly made securities legal business qualification, and the first to seize the securities legal services market, and the monopoly for twenty years.

The second wave of legal service is"The state retreats"Under the wave of restructuring enterprises. The waves made Chinese first big private entrepreneurs, but also achievements in the China lawyer second metamorphosis. Since the establishment of securities market, listing Corporation basically is a state-owned or state-controlled uniform, was available in the stock market the proportion is very low, because most of the shares are frozen, cannot trade in the stock market. Therefore, private enterprises or individuals may not through the stock exchange to control a state-owned enterprises. This kind of thing in the eyes of others, is unbelievable. Which country in the world of the stock market is uniform state-owned shares? As we all know, the state-owned shares at that time, is rubbish, poor performance.1994Years, there was a pioneering reform history Chinese enterprises on the stock market. At that time, the state-owned holding prismatic company, poor performance, the shortage of funds, almost went bankrupt. Their solution is the state-owned shares to the second largest shareholder of their--Hengtong group, who became the first major shareholder of the company, which has a prismatic company"Private holdings". This is the"The state retreats"Begin, go down in history. Later, more and more private enterprises listed, but listed very troublesome, the cost is very high, so they had thought the backdoor listing. There are a lot of poor performance of the stock when the stock market, most of these stocks are shares in state-owned enterprises, some state-owned enterprises are the loss of several years in a row, almost delisting. So, the listed private enterprises, the listed state-owned stock all buy down, and then the listing Corporation name change, business has changed.1998Years, this wave of corporate restructuring is to a climax, at that time, listing Corporation reorganization of600Several."The state retreats"The result is the transfer of state-owned assets, the rapid expansion of private enterprises, and achieved a number of asset reorganization law.

Now, the legal risk management of this wave because the countries in central and provincial state-owned enterprises implement comprehensive risk management, which swept the whole legal service market in china. In our country, the legal risk management is the national policy, the central enterprises and local enterprises must establish a comprehensive risk management mechanism, in which the legal risk management mechanism is a very important content, it is also a key point to the enterprises to establish a comprehensive risk management mechanism. From the2008Years, the central enterprises must submit a report annually to the state owned assets supervision and Administration Commission of risk management, risk management report the situation of enterprises. Therefore, the legal risk management has become the central enterprises and provincial enterprise of required services.

In view of the private enterprise, the National Association of industry and commerce also issued an advocacy advice. In fact, the legal risk management in some large-scale private enterprises and foreign enterprises, have been carried out, such as Huawei.

For the individual, especially entrepreneurs, in China, the investment environment is getting worse and worse, rule of law and the rule of alternating period of turmoil, legal risk is greater than ever before. What they lack is not money, not ignorance, but could not find a stick, a legal services can help them to achieve security of legal service benefit maximization. Legal risk management is a new way. Can say, the legal risk management relates to the government, enterprises and individuals. This is a frontier of legal service market, if you can first grasp the application of knowledge of the legal risk management, so you can have the market.

The world's sixth largest law firm in the2006"Sixth years China lawyers forum", the prediction is being made20Billion, and that10Years is expected to reach200Billion dollars. The related report and data can be found on the internet. You can also search through Baidu "legal risk" and "legal risk management" and other words, appears the frequency high.

In school, my colleague Xu Yongqian lawyers in the "2010Prospect and guidelines highlight "lawyer business years especially emphasizes the legal risk management services will become the largest market of lawyers service. He is a partner of the law firm's headquarters, known as big as one of the four kings, is one of the leader Chinese enterprise legal risk management. They formed in the last year25The lawyer team to enter the China Mobile communication group comprehensive legal risk management of maintenance work.

In fact, in the big house, Xiao Jinquan and Xu Yongqian two people smell of market is the most sensitive, always walk in the forefront of Chinese. Xu Yongqian a year's income is the forefront of the National Lawyers, but last year he completed a magnificent turn, become one of the top Chinese legal risk management practice. He in the traditional M & a business, is also the most top, but he has now transferred to the enterprise legal risk management, describes the legal services market space is very big.

Dacheng, Kindu, Zhong Lun and BOC are China's top law firms, they are lawyers industry leader, they are on the legal risk management services ", the market look at fiercely as a tiger does" bank home page slogan is "listing Corporation founder, legal risk management". From these the actions, we can see the legal risk management service is a new hot spot of lawyers.

There is something that I feel very deep, for young lawyers and some experiencing bottlenecks in the development of lawyer, must go along the business direction.

The end of last year, I went to Beijing to participate in the annual meeting of Finance and economics. At that time, Wu Jinglian economists China top, the people's Bank of China governor Zhou Xiaochuan, chairman of the SFC Shang Fulin and many top financial field came, we had a deep communication. The stock market has experienced20Years, when the field of interventional securities law is be utterly ignorant of, they are crossing the river by feeling the stones. Now, they have become an authority in the field, their monopoly of the field of customer resources, human resources. Companies have a fixed contacts, a fixed mode of operation. For example,09When do poineering work board out, some never listed business lawyer, I feel it is an opportunity to enterprises, public relations. I think they are very difficult to succeed. What is the gem? The gem is to the small and medium-sized enterprise restructuring and listing quanqian place, for example, have you ever eaten a satellite tomb mustard, listed in the last year. In Chinese the investment environment, the new company, is to money, but the money really outrageous gem ring.09Years of GEM listed shareholders and senior, in the last year have to sell their stock. Why? Up too much, they earn money by selling stock than sustainable and profitable business20Annual profits are high, why should they hold? Simply sell the stock, and then find a small enterprises listed, then money. So, they are listed on the gem is generally how to operate? Must be looking for securities. Brokers are not only responsible for stock underwriting or underwriting, they engaged in this industry for so many years, they also can help enterprises to help enterprises through restructuring, all the relations, the key is the brokerage can put the stock prices are very high. For example, the value in10Element/Shares of stock, they can be set to30Element/Element, then they underwriting, stock issuance day, firms can make it up to60Block/Element. Thus, the company earned20Yuan, firms earn30Element. The gem listing, is to do it. The lawyer is often can not help you, if there is cooperation between lawyers and brokers, you can also issue legal opinion book, also can be what the internal message.

So, if the legal risk management as the breakthrough point, is also a kind of what kind of situation? You can go into the law of the high-end market, at the same time, because of your customers are large enterprises, some enterprises are likely to be listed, then have the opportunity to do business the company listed on the. You can have a look some time ago announced a five-year plan, the two cities of Shenzhen and Shanghai company will increase by 70%, the city will implementHundreds ofListing Corporation as its development goal. Guangzhou city issued "Guangzhou regional financial center construction planning (2011 2020Years) ", for the two years the number of listing Corporation approach or reach100Future home5During the year, to add100Listing Corporation, and strive to achieve a major leap in the development and utilization of capital market. Vice governor of Liaoning province Chen Chaoying requirements in the future5During the year and strive to add150Listing Corporation, Dalian requires additional50Listing Corporation. These policies are closely linked with our lawyers. The company listed before three years, cannot appear serious illegal behavior, Lu also listed on the three year period or pai. Then, the legal risk management services, to the listed private enterprises, especially in the GEM Listing of small and medium enterprises, is rigid demand. Also, we need to regulatory measures the perfection of our security market, the SFC is likely to strengthen the scrutiny of companies listed before the listing of the company issued "requirements, legal risk assessment report". In this way, want listed business through the legal risk management into the company, will be more easily.

Two, lawyers involved in the enterprise legal risk management is the most convenient path

Before talking about how lawyers involved in the enterprise legal risk management business, first of all to introduce to you our country currently involved in legal risk management unit has the characteristics of what. (about the legal risk management of the condition of our country, the research and practice can refer to"Large enterprise legal risk management and market development") only an understanding of the market, we can have a definite object in view.

The first is the management of consulting company.The most typical is the first will be up, they are not limited to legal risk management for the enterprise to provide the service, but a comprehensive risk management.

According to the survey,65%Legal risk management is carried out in the framework of comprehensive risk management under, only19%Legal risk management of enterprise is independent of. The reason may be a central enterprises SASAC requirements to establish the comprehensive risk management mechanism, so most of the enterprises want to step in place to establish the mechanism of the SASAC requirements, and then continue to the refinement of the risk management; on the other hand, most of the lawyers law does not provide risk management services, and legal risk management of minority lawyers also provides service not mature, just stay in the level of legal risk prevention of traditional, not according to the "central enterprise wide risk management guidelines" requirements, using the methods and tools of management, establish a set of perfect legal risk management mechanism for enterprises. Therefore, the first will be up in the provision of legal risk management services for enterprises, with the advantage be richly endowed by nature, can the overall marketing their risk management services. Of course, the first of the advantage is not only in the. It helped the SASAC of the State Council formulated the "central enterprise wide risk management guidelines". The guidelines for implementation, it assists the SASAC of the State Council to carry out a large number of risk management training, promotion and the pilot work, and cooperate with the SASAC of the State Council Development2010The annual "central enterprise wide risk management report" editing software, for two consecutive years in the central enterprises to promote the use of.

The second is the foreign law firm with a law firm on behalf of.In the2005Years, Lu Wei to China100Strong enterprise legal risk investigation lasted three months, and finally released the "China100Strong enterprise legal risk environment ranked analysis report "(available online). The report about the expression of the two layers of meaning: first, the legal risk China enterprise coefficient is very high. Second, legal risk prevention and control input China enterprise cost far lower than the world average level, is American Enterprises1/50.

The report is organized by the state-owned key enterprise legal risk prevention of international forum published in the state owned assets supervision and Administration Commission, is the first in the risk assessment report China enterprise, so it is of great significance. China100The average score of strong enterprises is42Divided. SASAC read the report, are very concerned about the legal security situation of state-owned enterprises, because they see100Strong, almost all state-owned enterprises. Therefore.2006Issued "central enterprise wide risk management guidelines", the central enterprises to gradually establish a comprehensive risk management mechanism. In the2008Years of central enterprises "each year to submit legal risk management report to the SASAC". Then as the center to China Mobile, spread across the country.

But Lu Wei in the Chinese legal risk management business is the preacher. There are two reasons:

One is the central enterprises relates to national security and national secret, construction does not allow foreign law firms involved in legal risk management mechanism of them.

Two foreign law firms to engage in non litigation business in China only, not our litigation and arbitration experience. Why the international standard,There is no way to take root in the China? Because Chinese is from rule of man to rule of law in a country, law and the real law of law there is a considerable distance, no litigation and arbitration experience can't grasp this point.

Legal risk management of a core part is the quantitative analysis, that is analyzing the possibility and the loss of the risk. Actual combat experience in foreign law firms are not litigation and arbitration, can only do qualitative analysis. They often talk about the provisions of the law, violating the legal consequences, and Chinese enterprises really want to know is the accident rate is high, after the accident whether the problem. For example, "criminal law" is a crime, the crime of false registered capital, if the lawyer only talk about the provisions of the law, will say to you: wow! This is a crime! The consequences will be grievous! But the experienced people know,Enterprises in the establishment of after five years no other serious crime, or not take revenge, are generally not. And for the enterprise how to deal with the "labor contract law", is China lawyer, if not rich litigation and arbitration experience, also cannot give companies a stick bits of advice.

The third is the local strength faction law firm.The legal risk management service mode is mainly to local lawyers. Chinese top law firms to pay attention to this field of legal risk management. Bank of China is one of the China's four major brands, in the domestic market this section. They have the resources of the listing Corporation, as a backup, keen to seize China's policy, the market hot spots, in legal risk management work quickly. Recently,Director of the Institute of enterprise legal risk Chinese commercial law researchYe Xiaohua has also joined the Bank of China, he was one of the founders of Risk Management Inc saini'er research and practice, after a few years, has developed a mature legal risk cost calculation model. So, Bank of China has a great advantage in legal risk management market. Dacheng Law Firm Xu Yongqian, in2010The beginning of the formation25Legal risk management team of lawyers, legal risk management comprehensive intervention in China Mobile.Legal risk management team to have the China Mobile opportunity to practice, formed a construction method of legal risk management mechanism systematically, including the mathematical model analysis, quantitative process and template.Beijing Zhiwei law firm has legal risk management research, Chen Xiaofeng director of the Institute has published more than ten books in this field, their team is the company of running, not only has the specialized enterprise legal risk management of lawyers, and professional marketing team. Reportedly, the team can check in three days a business more than 3000 legal risks.

In general, the legal risk management of market participants or to experience of international legal risk management based on, or to the official background, or by relying on the strength of the local national law firm.

So in this context, the lawyer how to intervene in legal risk management convenient?

Since the stove, difficulty is very great.

If you want to start from zero, own research and development of legal risk management products, the difficulty is very great. We studied eight years, before the formation of a mature product. Perhaps, you may spend three years development now, can complete the relevant product, but three years later, the market will be monopolized. Because some of the more mature product already exists on the market, marketing stage they have entered the market, and you are still in the development stage of product.

Legal risk management covers a very wide, heavy workload, single handedly to complete. Now that we have finished the design process and template, as a high-end service products, its development cost is very high, if complete results without a high reproducibility, it is impossible to form competitiveness, also may not bring profit to you.

A very simple example, MicrosoftWINDOWSSystem development costs are likely to be ten billion dollars, but the latest versionWIN 7The price of the system only in the100 300Between $. Construction of management mechanism of enterprise legal risk is difficult, the high cost of development, if your product cannot be copied, you can according to the cost to charge, it has no future.

Contacts is important, but not universal.

A recent US assets in1000Billion of central enterprises legal risk management of project bidding, according to the person in charge of the project to reflect the project, preliminary work is a so-called central background management companies do, do come out of the plan is totally out of law, echo what the books say, does not have the maneuverability. They are very unhappy, so decided to bid, to find the strength to lawyers involved in the project the core part of the work.

In the new and high technology and advanced business, state-owned enterprises would become quite cautious, they generally will not project to unqualified people do, even if the bidder is his dear brother. Because, these projects are only a few people can do, if do not have the ability to do, is often the last to put himself in prison. So, why in many government tenders or enterprise tender, are to choose the brand law firms and senior lawyer team. Perhaps, they still back buckle, but in the future if there is a problem, they can also do pass, because the winning bidder is represents the highest level China lawyer.

So, for not yet contacted the legal risk management of lawyers, Is it right? No chance? No, not at all.

Products, professional and personal integration team, will have in the future

First of all, the construction and maintenance of enterprise legal risk management mechanism, there must be a large team of lawyers, will more than normal15More lawyers. Construction and maintenance of legal risk management of large enterprises, involving the company law, contract law, tax law, labor law, competition law, securities law, foreign trade law and the specific fields, but the real professional lawyers understood familiar with more than three fields. Construction and maintenance of legal risk management mechanism, is a complex and difficult systems engineering, unlike the lawsuit, not only one or two lawyers will be able to complete. For example, identification of legal risk, if the lawyer law to a field of unfamiliar, legal risk so identified must be missing. Therefore, professional legal recognition of contract management of legal risk is generally only a contract law.

    Secondly, this team needs a reasonable allocation and the echelon type structure.The real strength of the enterprise legal risk management in project team of lawyers, lawyers who, one year fixed compensation should be10Million to20Million. This requires the leader team itself has sufficient funds to maintain the team operation, and have enough influence in legal risk management, can lead the team to obtain legal risk management related business. The lawyer team is generally the echelon team, like the as temporary25Lawyers costs are relatively high, and it is easy to after the completion of the project disbanded. The echelon team two benefits, one can control the maintenance team low running costs, two can cultivate legal risk management talents through mentoring way, thus forming a virtuous cycle. This is especially important because behind, legal risk management is the market new products, generally only by their own team to develop. Lawyer Wu came together and I am today, is responsible for legal risk management process, and in this he than many people are professional. Why? Professional training and professional division of labor is very important.

We have recently became the general counsel of a control China Telecom, China China Unicom and China Mobile three Communications Group derivative of the whole legal services company, they plan to cooperate with us to develop relevant project template. Our development process back into a system, need to identify a number of senior lawyers with our work.

The difficulty of legal risk management of the biggest part is the part of management science. Which relates to build the legal risk management mechanism of the guiding ideology, principle, process, method, chart, mathematical model, information processing software. The core part of the development is difficult, but can be copied is also very high, once completed this part template development, will return to the ontology of law. The ontology of law is to rely on the professional lawyers to complete, is on the legal professional knowledge and rich experience, according to follow the prescribed order we formulate the work flow, method to complete.

Therefore, there are two kinds of lawyers that have comparative advantages in legal risk management, is the network resources of lawyers, two is a professional lawyer.

If you have some customer resources, we can help you to develop business, we can directly with our top products, show your potential customers, and business will take off.

What we feel is, private enterprises and foreign demand for legal services is very high. In general, they want to see your performance in legal risk management or related products, will invite you to provide services for them. I think the most effective way is to direct your target customers, find the person who can say, show your products. We remember a time, one company invited us to their bidding, we stood in front of their executives, shows the process template and software, our president, decided on the spot.

To sum up in a word, products, contacts and the team are the three key lawyers involved in legal risk management. Is the so-called product in hand, the market without sorrow; connections in the hand, sales carefree. Team is the basic product, contacts.

Three, enterprise legal risk management related documents reading

In my previous lecture, has repeatedly explained the construction and maintenance of legal risk management mechanism, it is no longer here. However, in order for us to better understand the contents of the book to read, I'll give you a brief introduction to legal risk management process. A first step in the analysis of enterprise legal risk management is the enterprise legal risk environment, the second step is to identify the corporate legal risk, the third step is to evaluate the corporate legal risk prevention and control of legal risk, fourth step fifth step, maintain the legal risk management mechanism.

In fact, the legal risk management process, in our country is more or less the same, some people are divided into three modules, some people are divided into four modules, these differences are not important. The key is whether the form template and the mathematical model of mature and effective. In some legal risk management team, no mathematical model is mature or not enough action experience, can not be used for the quantitative analysis of legal risk. The biggest characteristic of our template is to pay attention to quantitative analysis, so as to conform to the China conditions.

Followed by the lawyer Wu to all related documents reading of enterprise legal risk management. HeUndergraduate read law at the Xiamen University,After graduating from the school sent him to Paris tenth University, and later in Paris two and Paris ten obtained the master degree of international law and a master degree in international commercial law. He joined us gold tooth shape of lawyers, mainly responsible for legal risk management process.

Wu Jiezhen:Everybody is good! Today is a great honor to present so many lawyers who exchange legal risk management experience, also very grateful to the king to give our young people such a valuable opportunity. A coincidence, met King lawyer, he was deeply moved by the wisdom and mind, then joined the man of wisdom of lawyers. Later, Wang let me contact the legal risk management part of the core -- process and template. Therefore, the process template and the legal risk management has become a specialty knowledge structure in my.

Graph / lawyer Wu Jiezhen read the related core documents

The relevant documents of the enterprise legal risk management of reading, for me, is very confused. Because, on the one hand, a legal risk management work, involving a large number of documents, not be here one one reading. On the other hand, the top of the instrument, relates to trade secrets, and involves the lawyer occupation ethics, is not show. However, if you do not show the top of the document, the reading, it is difficult to put in place. Today show the documents through our transformation, hope can combine these instruments, as far as possible to our team, the essence of it, and to share with everyone.

Enterprise legal risk management is the management means to use legal, management means the design of system process. In the enterprise legal risk management, a set of perfect work flow and complete legal management documents is essential. Because, this is the legal risk management work in the most reproducible, is currently the most lack of tool bar. Once a lawyer to master these core tools, the next job is to use their own professional knowledge of law, follow the prescribed order filling content, this part of the work for senior lawyers, not very difficult. Therefore, the legal risk management work, the key lies in the workflow and document. The document reading, must be combined with the legal risk management procedures to read, this is our consistent style of legal risk management, The most effective reading methods.

   Enterprise legal risk environment analysis of document reading

   (Table 1.Legal risk environment report)

Documents of enterprise legal risk environment most core analysis process, should be the "enterprise legal risk analysis report".

Enterprise legal risk assessment is a series of processes related to legal risk information refers to the enterprise internal and external environment analysis, collection, sorting, inductive.

The corporate legal risk analysis includes the analysis of the external environment of enterprise legal risk environment analysis and internal legal risk environment.

Enterprise external environment analysis refers to the legal risk factors of enterprise legal risk of the objective environment in which the enterprise survival, including legal, regulatory agencies, consumers, competitors and other factors.

Enterprise legal risk environment refers to the enterprise legal risk factors, including enterprise system process, organization, risk culture, business leaders, staff's risk preference, risk awareness and legal quality.

Why do we need to evaluate the enterprise legal risk environment?

For example, you may be easier to understand. In a country, the legal supervision is not strict, the illegal cost is very low, the industry competition law degree is very low. In this case, you can advise your customer to defend the law? If the letter of the law, enterprise bankruptcy, you can suggest the enterprise law-abiding?NPC and CPPCC period,The National People's Congress, chairman of Guangdong Huizhou City Association Huang Xihua said: "we did an experiment, the same car goods, the delegate logistics company, transportation, from Guangzhou to Beijing, full compliance, not overloading, a vehicle not only did not make money, also lost3200Element. The transportation cost from Guangzhou to Beijing than from Guangzhou to USA more expensive, China transport costs so high, you tell people how to live? You tell people how to do not overload? How not to escape?"

In American, corporate illegal cost is very high, if the product quality problems, once consumers have sued, probably faced a series of litigation, compensation and fines. Therefore, legal risk management of their focus more on how to ensure that enterprises operating within the framework of the law. Such a set of legal risk management applied to China, must be The climate does not suit one.

Moreover, the legal risk environment is not immutable and frozen. In the past, the illegal mining of lax supervision, a lot of people rush into danger, fish turned a pen. But, now illegal mining has become the object of our policy focus on combating illegal mining, legal risk level straight line rise.

In private enterprises, tax evasion is a very common phenomenon, however, foreign enterprises, especially multinational enterprises, is quite sensitive to the legal risk. For example, our consultants - Toyota last year, tax inspection, tax department has not found the tax evasion behavior, but found more tax. The tax department leadership for a group of people to re audit, finally found the GAC Toyota or taxes. Why in the same environment, Guangzhou Toyota so lawfully pay taxes? Because of environmental law, the enterprise internal risk, Guangzhou Toyota leadership, employee's risk preference, risk culture system process, guide enterprises to go in the direction of the development of the law.

That is to say, we provide the legal risk management services for enterprises, we must first understand the legal environment of business survival, the average risk level of the industry, and then understand the enterprise risk awareness and their own conditions, analysis of enterprise demand for legal risk management, then give advice.

An example.Assuming that the cost of legal risk your customer is0.3That is to say, each earn10000Yuan, have to pay3000Yuan cost, while the average legal risk cost of the customer's industry is0.15That is to say, each earn10000Yuan, have to pay1500Element cost. When your client to see such a report, there will be a clear contrast, if reduce legal risk cost to the industry average level, can bring more profit to him, the enterprise must want to do. If reduce legal risk cost, increase sharply bring economic cost, so enterprises must be not willing to. For example, a reduction of0.1Legal risk cost, increase0.2The economic cost of the enterprise, the final cost rose0.1In this case, the enterprise, is likely to tolerate the level of legal risk running high.

Enterprise legal risk identification of document reading

   Table two.Legal risk database

First of all, this form to display all the information stick out a mile a corporate legal risks. You know, a large enterprises generally implies more than 3000 of legal risks, if you do not use this form to establish database for enterprise, is unthinkable.

Second, division of this form of legal risk breaking the law, according to the division of the traditional. Legal risk by legal risk factors, legal risk and legal risk results of three basic elements. Legal risk factors is a necessary condition for legal risk, is the premise of risk and the existence of the. In particular, is in the form of legal provisions. If the law does not define, subject to contract need to have the capacity for civil rights and capacity for civil conduct, and would not have the qualification of legal risk of contract is inconsistent. Legal risk event is the direct cause leading to legal risk results, which is above the "each other does not have the qualification of the contract". Legal risk result is legal consequences and losses thus brings to the enterprise. This is consistent with our legal logic "big premise - minor premise - conclusion". However, only the identification of three elements of legal risk is not enough, because the risk assessment and prevention is behind the risk identification for, even if the associated with the risk of departments, business processes and external body didn't know, how then risk assessment? For enterprises, risk prevention should be implemented in each department, if the classification of the legal risks remain in the law division level, will let the enterprise work personnel not know what course to take. On the contrary, if the departments, business division of the legal risk, even if an enterprise implied more than 3000 risk points, finally, to every person, only a few dozen risk point. In the course of their work, according to the work process, only need to remember the risks associated with them, we must do and cannot do. Such a "fool risk Handbook" is the most operable risk handbook.

Third, this form will be legal risk for unified code, as the legal risk index. The first"01"On behalf of" legal risk "contract management, legal risk is the type of number. Second.01"On behalf of" purchasing ", is the enterprise sector number. Third"02"The number of risk behavior, there is direct trigger specific actions or events potentially dangerous into real loss.

Fourth, enterprise legal risk management of one entity is to enhance employee risk awareness of law and legal skills, with laws and regulations and the related case on the table, the purpose is to cultivate the legal quality of staff, to help them better understand the legal risks involved.

Fifth, as a legal risk identification process results, there should be no legal advice. Because, not through qualitative and quantitative analysis of legal risk, it is difficult to give legal advice on a stick. For example, through the purchase of invoices to tax evasion, the legal consequence is in jail, harm sex is very high, but the accident rate is very low, as long as not false invoices, are generally. Then we give here is: a suggestion on prevention and control of accounting accounting professional, two is to beware of false invoices. Instead of the ban on the purchase invoice. Moreover, effective legal advice is not expressed in two words or three can, not reflected in the form of direct. Why? Legal risk with this form are listed for example, we see a China brand management consulting company makes the results in column, prevention and control measures, they are thus expressed:

(1For the supplier qualification review);

(2Investigation on supplier credit).

You think, enterprise employees to see these two points, what ideas do you have? They will think you are right, but how to review? How to investigate? No guidelines on risk handbook. Alone enterprise employees, is just out of the cottage's lawyer, also do not know how to do the due diligence. We call this kind of legal advice, known as "the right stuff". Used to do image project is possible, but not useful.

So, what is our policy? Or take legal advice as "fool operation manual", this of course is not to say that enterprise is a fool, but they don't think, will find the answer. Our approach is in legal advice column made a hyperlink, simply click on the link, can enter the specific legal advice page. If a written risk manual, you can page to fill in the legal advice, convenient search.

   Table3Legal advice

 

Sixth, return to the identification of legal risk, we see only the final result form, in fact, to do the recognition model of risk identification need reasonable, that is to say, the legal risks according to what kind of ideas to check out the existence of the enterprise.

In general, including the business activities of enterprises, organization structure, stakeholder, risk source, legal consequence, law, case analysis and other methods to identify.

Selective recognition model, to consider the model is able to achieve the following three objectives:

Whether a comprehensive legal risk identification of enterprise existence?

The two is to ensure the legal risks identified no cross?

The internal and external features of three is to describe the legal risk accurately in place?

In accordance with the law or legal relationship to legal risk identification, that is in accordance with the criminal law risk, administrative legal risk and civil legal risk, or in accordance with the contract, intellectual property, bidding, human resource, tax, capital market law to identify, seems very perfect, but actually cannot achieve these goals. Risk either identified too much, not associated with the enterprise, or the omission.

According to our long-term practical experience, in accordance with the business activities, organizational structure, business processes to identify legal risks, is the most commonly used method is the most effective. Because, the specific behavior of any specific legal risk will depend on the enterprises, each specific action have the sector attribution. For example, the legal risk of contract management, contract management, the first process is the contract planning, mouth department is sales, need to do is research on the feasibility of choosing contract, contract object. So it's easy to think, the main legal risk is the main contract does not match, no ability to perform. The next step is to contract negotiation, legal risk the negotiation phase is malicious consultation, leaked memorandum records, such as improper.

Finally, the lawyer engaged in legal risk management work, should gradually establish database of their own legal risk, and the formation of the software, which is convenient for future work.

Table4Comprehensive quantitative analysis of legal risk

Risk code

Risk name

The possibility of occurrence

Loss degree

The level of risk

Code of conduct

Risk behavior

External regulation enforcement

Perfect internal control system implementation

Our personnel legal quality

The other risk comprehensive situation

Working frequency

Sphere of influence

Property damage size

Non property damage size

1053

Product quality risk management

84.34%

6.86

5.63

105301

The quality of the products fail

Strong

The general

Strong

Strong

Every day

Whole province

1000000 the following

High

105302

Product identification of unknown

Strong

Strong

Strong

Strong

Every day

Whole province

100000 the following

In the

105303

105304

 

 

 

 

 

 

 

 

 

 

 

This is a corporate legal risk assessment table, this table is the biggest bright spot by means of quantitative analysis, evaluation of the product quality management risk.

First of all, in the enterprise legal risk management, risk can be evaluated using qualitative analysis, semi quantitative analysis and quantitative analysis, three methods to assess the level of enterprise legal risk.

   Table5Analysis of legal risk qualitative

Classification of risk occurrence possibility	Qualitative description	Represents a symbol
Almost sure	Occurs in most cases	☆ ☆ ☆ ☆ ☆
Very likely	Occurs in the normally	☆ ☆ ☆ ☆
Possible	Occurs in some cases	☆ ☆ ☆
It's never gonna happen	Do not occur in the normally	☆ ☆
Almost impossible	Only in exceptional circumstances	☆

 

Qualitative analysis, as this form, the text description, the risk can be divided into five levels. This qualitative analysis, generally applicable to legal risk assessment, preliminary or insufficient data, evaluation model is not mature and the initial stage of the small and medium sized enterprises.

Table6Legal semi quantitative risk analysis

 

Classification of risk occurrence possibility	Semi quantitative description
Qualitative description	The possibility of occurrence probability interval
Almost sure	Occurs in most cases	81%~100%
Very likely	Occurs in the normally	61%~80%
Possible	Occurs in some cases	41%~60%
It's never gonna happen	Do not occur in the normally	21%~40%
Almost impossible	Only in exceptional circumstances	1%~20%

 

Semi quantitative evaluation has a fatal flaw, that is the data can not be properly represented the risk correlation between. Qualitative analysis, can rely on the rich experience in handling cases of lawyers, obtain more accurate conclusions, but if by percentage interval to indicate the size of the risk, need the data support. The data is not sufficient, the mathematical model is not mature, assessment made out of it is easy to distortion, also often rely on the lawyer's experience to adjust, is actually the work becomes more inefficient. We are not generally adopts the method of half quantitative analysis.

For large enterprises to provide legal risk services, we use quantitative analysis. Just see to accurate, expressed as a percentage of the probability of risk, with specific data to represent the risk coefficient.

Second, the quantitative analysis is the biggest benefit, very intuitive to let the enterprise know the size of the risk. The analysis results intuitively that, for the traditional qualitative analysis, is a kind of shock. Take the quality management of product form, the risk occurs possibility is84.34%The expected loss of property is100Million below, non property damage is also very high, then the law of cost of product quality management of the enterprise is about84Million and higher social negative influence. So, enterprises in production and management, it can be expected to profit and the legal cost comparisons, to measure whether can withstand such legal risk and adopt what kind of measures of prevention and control. This analysis, in the traditional legal services, there is No.

Third, quantitative analysis, analysis of risk occurrence probability and the loss is also important, for behind what kind of prevention and control of attitude, there are a lot of help group. Reflected in the form of "possibility" and "loss", their product is "risk level". Can reflect a behavior risk is real, is the form of "risk level". Just like the king lawyer about the crime of false registered capital,

Fourth, everyone may be very curious, the analysis results of these quantization is how come? How reliable? First, quantitative analysis of enterprise legal risk management, is the need for a perfect index, then the index weight, the mathematical model of. For example, you might be easier to understand, take the university ranking for each year in the world100The schools ranking is how come? There are some lines of index, such as the number of teachers, the number of papers, teaching equipment etc.. In these reports, after all with the score standard. In the analysis of legal risk, and so. Second, risk quantitative analysis of the most widely used is the insurance industry, can be said that since the insurance industry, the insurance company is basically stable profit, because they can be accurately calculated the risk cost and the expected income. The mathematical model we use now is from the insurance company actuary hand. Third, the quantitative analysis is the most important is the index selection and weight is set, which can be accomplished only by law, and is a professional lawyer from various fields together to complete, because of the impact of risk coefficients of every law in the field of index is certainly different, weight index between is not consistent, contract law it is difficult to set the field of intellectual property index. Finally, this form has been8A general index, we can refer to. Zhongyin law firm of Ye Xiaohua, the16Index to calculate the risk coefficient of corporate law, has for four consecutive years, issue legal cost of legal risk coefficient of listed firms in China. Can say, in legal risk management team at the top, the index selection and weight is set, is already quite mature.

Fifth, because the quantitative analysis of legal risk, calculations involving large amounts of data, is sure need the support of software. Some people useEXCELTo deal with these data, but we do not recommend this, because of low efficiency and error prone. In this regard, we still do better than other people.

As for the legal risk prevention and control aspects of the form, when speaking in legal risk identification just now, already mentioned, will not repeat them here. It is worth emphasizing, just to let everyone see, only belong to risk prevention and control measures to the class table. Prevention and control of enterprise legal risk, usually including the allocation of resources type (i.e. increase manpower), system, process, technology (such as internal control software), training, information and activity measures. Among them, system, process measures is the core of legal risk management of systems and processes, without support, the whole legal risk management will become a mere formality. This is why in some state-owned enterprises, continue to engage in risk management, and constantly. Because the system, process the most fundamental change without what. The leader's opinion is greater than all, any risk management measures are ineffective.

Table7Legal risk management implementation evaluation form

 

As the last link of enterprise legal risk management, the purpose lies in the effectiveness and implementation of prevention and control measures, and through this link, discover the existing problems, so as to improve the management mechanism of enterprise legal risk.

It's like antivirus software, often should update the virus database, update anti-virus program.

First of all, the form to reflect the needs of legal risk control and the legal risk behavior.

Secondly, what is the attitude of the enterprise legal risk? Laissez-faire? Avoid? Transfer? I limit the extent of loss? Because, different attitude, we need different detection standards. Here, the attitude of enterprises is to avoid the legal risk, so long as has the legal risks continue to back, so it can be recognized the measure failed. That in the event of a failure, is the Labor Department of the administrative penalty. Everybody in the selection of key events, must choose the objective and easy to record events. If you select a everyone is very difficult to find, and not to establish a corresponding system of business records, then in the score, it is easy to miss.

Third, the type of preventive measures for different testing standards, the measures of quality are also different. Here, the enterprise all the measures taken by the system process. Then the detection criterion is the system process is targeted? Whether the operation? If the measures taken are resource allocation measures, then the detection criterion is whether targeted? Adequate?

Fourth, the measures on time according to whether or not? If not, then to the point.

Fifth, here, take the measures, there is still the risk of accident, should have a look take measures before and after the accident number comparison, if the decrease in the number, then the control measures are still part of the effect.

Finally, the implementation of the standards were scored according to the legal risk management of the various departments of the effect, and can be used as the department performance evaluation, but also can be found a loophole in the law risk management mechanism from, then improve the mechanism.

Well, because of the time, a document reading, just so far.

   Wang SiluIn fact, we see: the template, may feel very strange. Never mind, because this is something new. I make a summary on it here, it is not difficult to legal risk management work in fact, there are mainly three key points. First, do you have a copy of the template. The template is the core competitiveness of our lawyers, template in hand, worry free market. Second, whether you can read these templates. That is to say, when the template in hand, you can make the template reconstruction process and details. If you can not do that, that means your team has not grasped the legal risk management techniques. Third, whether the formation of a professional lawyer team. Professional lawyers to be utterly ignorant of the law risk management process, but in the process engineer's guidance, legal work in their respective fields.

Legal risk management market is a big cake hot, our templates can be shared within the system, I hope that more colleagues involved in legal risk management, work together to create the future. ("lawyers involved in the enterprise legal risk management is the most convenient path and related documents reading"

Graph / speaker lawyer Wang Silu and lawyers exchange

 (all the time)

    The lawyer (Zhang LifuHost.Now we start the second half of the lecture. The first king lawyer is the protagonist, depth shows its eight years of legal risk management practices in secret to us. Next, we invited Shenyang's private equity and investment department director Gao Dashi lawyer and we explore the legal risk management the enterprise experience. Lawyer Gao very early on in this field, and has accumulated rich experience in long-term practice. But first let me on high bar to make a brief introduction.

    Gao Dashi's lawyer is (Shenyang) partner, director of law firm, private equity and investment and financing legal affairs department of Liaoning University law graduates, Hongkong Yangtze River Business SchoolEMBAGraduate, currently serves as executive director of the Liaoning Provincial Regional Economic Research Association, Shenyang City National People's Congress on behalf of Huanggu District, a visiting professor at the Liaoning University School of business, Liaoning TV station several columns of legal adviser,2007Selected 100 military entrepreneurs title,2008Year was named the top ten lawyers,2009In Chinese 100 smart securities lawyer. The main focus areas include the state-owned assets management and legal risk management.

    Lawyer Gao several cases are included in the law30Anniversary gathering, and long served as the Legislative Affairs Office of Shenyang City Hall, Shenyang SASAC legal advisers lawyer. Now please high lawyers give enterprise legal risk management has the features of the speech about north.

    Gao Dashi lawyer: Hello, is Wang Silu's lawyer is a teacher I admire very much, I was able to walk into the legal risk management of the high-end, is inspired by the lawyer wang. Mr. Wang is the founder of legal risk management of our government. So today was very glad and King lawyer with CO sing "the enterprise legal risk management".

    

 Graph / high stone lawyers speech

    First, do a simple self introduction. My name is Gao Dashi, not less, but it is really. The original is a soldier, reading is a military school, learn foreign language, do intelligence work, and later served as legal adviser in Shenyang military command.

I always love the profession of lawyer, also very admire into the lawyer industry people. A few years as a lawyer in the army, I felt a real lawyer should go out for. Because the establishment of business, largely restricted the development of lawyers, and in the army legal department is not the power sector, so I came out to do a full-time lawyer.

Today, King lawyer and lawyer Wu are thoroughly explained the most high-end Chinese lawyers profession -- business of enterprise legal risk management. In fact, the legal risk prevention of it was not strange, our lawyers do every day is the prevention of legal risks for customers, including a legal advice, a simple contract review and litigation participation. Recently, the Supreme Court issued the"Several opinions on Further Strengthening the construction of basic people's court under the new situation"RequirementEstablishing evaluation mechanism of major risk sensitive case. The State Council and the governments at all levels are required before the demolition and to make a big decision, to do a detailed risk assessment. There are many kinds of risk, strategic risk, market risk, financial risk, legal risk. However, all these risks ultimately comes down to is the legal risks, will implement a responsibility. The enterprise also is a person, he is a legal person, bear greater responsibility. Our lawyer occupation is the same, for clients and lawyers lawyers also bear some responsibility. So, do every thing will be risk. That is to say, the concept of the risk assessment is already win support among the people. Just king lawyer and lawyer Wu respectively from the macro and micro aspects of legal risk management, they are gold tooth shape lawyer team for many years the wise remark of an experienced person, is worth reference.

    As for the North South differences between the enterprise legal risk management, still exist. I think the difference is not technically, but the market differences. From the2006Years of the SASAC of the State Council issued "central enterprise wide risk management guidelines", I began to pay close attention to the field of legal risk management, including the SASAC of the State Council and the provincial SASAC a series of subsequent. Can say, now the central enterprises basically completed the construction of risk management system and the management system of the law, every year to maintain, every year to have the inspection. Instead, our province level and city level has not started this work, there are many reasons.

    Like Wang lawyers said, China market many time is top-down, is by the policy driven. As a lawyer, no matter what we call, can not play a key role. As long as the government does not require mandatory state-owned enterprises to do, state-owned enterprises have an inert, legal risk management process will be relatively slow. In fact, legal risk management in Liaoning and several firms, will set up a project every year, including some experience in the design and practice of prophase research, activities on the framework of, including now will give legal risk management project of Datang International do construction.

    Legal risk management must and enterprise management together. The enterprise must be what? One is money, how to make money, how to manage money, how to spend. Two is the management. Just king lawyer said to the law as a kind of management resources, services to enterprises. So, we should combine the legal risk management and the internal management of enterprises, in order to achieve risk prevention and the combination of enterprise development. We pass a database can be seen in the enterprise3000 or4000Legal risk, and then through a software testing various degree of risk, classify the risk level. The major risk prevention and control priorities, which risks can be transferred, which risks must avoid risk, which can bear, should stick out a mile. At present, enterprises have to do a relatively good financial management, relatively strict control, the management and the internal standard is linked together. Similarly, the prevention of legal risks must also be integrated with enterprise management.

    Legal risk management begins by management of the consulting company, they put the legal, regulatory and tax together, became their products. In fact, legal risk management they have done is not good, but they are more than our lawyer keen to see this market. Many lawyers have to do is follow the prescribed order of traditional business, do not pay attention to market development, there is no way to grab a hot new market. If we can break the shackles of traditional thinking, the vision, we see a good market. These new markets, as long as you go earlier than others, you will be the king. Foreign law firms in a completely market-oriented environment, they are very sensitive to the market. Lu Wei law firm very early on legal risk management market in China, but as the king lawyer he said, they don't know China the law in reality, do not approach the legal risk prevention. Some time ago a private enterprises in Shenyang, specifically looking for a British company to do the investigation for it, spent50Million. The UK company that mature template, but talked with their lawyers, knew he did not understand the Chinese enterprises. This gives us what kind of inspiration? That is, our local lawyers can do better than the foreign lawyers, management consulting company. As long as we find the market, we can occupy the market. Therefore, we must study the dynamic law policy, always concerned about the hot market. Like Wang lawyers said, to see the "people's Daily" front page, to watch CCTV news. Shenyang lawyer of Liaoning daily and Shenyang daily on the line. The newspapers every day to provide us with a lot of information, can teach us how to see the market, how to find the market, how to find customers, how to find a business.

    In addition, we can communicate with colleagues, especially Beijing lawyer, Shanghai lawyer, lawyer in Guangdong, learn their advanced mode of thinking, understand their latest dynamic. We can learn from their mature products, in order to open up our market. Because, many management models are useful, is not a fixed model, including the now each department design, are based on the market, based on customer needs to set. Now do the private equity fund, Shenyang lawyers to do less, but the private equity fund in Beijing, Tianjin, Shanghai, Guangzhou is a mature market, but Shenyang is not the business mature developed. Before period of time, the construction of Shenyang City Hall encourage private equity fund, but the operation is not mature enough, so many rich people in Shenyang ran outside investment. To date, Shenyang's financial markets have not fully invigorated, this and our legal services are not mature enough to have relations.

Return to the legal risk management, we think there are two very important points. One is a mature product, the two is the market marketing. King lawyer team products and marketing of the road is very worthy of our reference. Many top China's lawyer, now is in the marketing channel, instead of doing business. Lawyer30Relying on professional age,40Old people. We have contacts outside, also can create products and develop new market. I am very optimistic about the legal risk management of the market, especially in Liaoning market, because it is still a pending development of market. Which involves several key channels -- the SASAC, the Federation of industry and commerce, the CSRC, listed office. Prior to communicate with the Lawyer Wang depth, I think he is very correct. We must unite with the Department, the marketing of our products. Listed companies, need to be listed before counselling, need to build a relatively perfect management system, the Surety Company listed in the formerMajor illegal behavior does not occur within 3 years. We can name the government, legal risk management guidance for these enterprises, in the counseling process, influence character by environment marketing our products. For example, we can send them to launch the enterprise legal risk examination. What is called physical examination? This examination has to break the "no overall plan for a fundamental transformation of the traditional real", for enterprises to provide a comprehensive examination of the hospital, all legal risk existing enterprises to find out,Then the diagnosis and treatment of the enterprise according to the current state of. Our lawyer in the role is not GPS, Department of internal medicine, surgery is not divided, but the fine to the heart, brain, nerve division, Department of Dermatology, such as a series of branch. Now a lot of enterprises of Liaoning are not aware of this, so we have to do to their marketing concept.

Our old Chinese pay attention to "basic", and the legal risk management is such a process. This process designed by who? By whom? Only lawyers, lawyers can really take this role. Understanding, investigation and background analysis, assessment from the start, set to plan, system and process, to the end of the training, is actually a process of the pulse. What Chinese missing? Chinese lack of practice the spirit of innovation. We now manage method mostly copy the western, in fact the modern enterprise management are in close to Chinese. We China settle down in two thousand years that are waiting to be discovered. This is the main reason why can Ancient Chinese Literature Search prosperity.

Construction of management mechanism of enterprise legal risk is a huge systematic project, besides just the king lawyer and lawyer Wu introduced, also need comprehensive knowledge of statistics, accounting, tax and other aspects, I hope that through our joint efforts of various departments, in Shenyang and even Liaoning, the high-end legal business occupation down, we work together to create the future. Thank you!

Host: just a tall stone lawyer in his own soldiers temperament, combined with his long experience of Wu of law of enterprises, a concise summary of the characteristics of enterprise legal risk management services to you. That is the service of the hospital, physical examination, one-stop. That is to say, the enterprise legal risk management mode, with the lowest cost, disposable to troubleshoot and fix the legal risk. Gao Dashi 's experience and he was also the personal insights, but our lawyer Wang Silu is the field of enterprise legal risk management authority figures, believe that master Guozhao, collision theory, will benefit us. Have ask King lawyer office communication and high lawyer.

Wang Silu.First of all, I think a lawyer he is a marketing expert. I think lawyers can use the audience most likes the language to express the concept of legal risk management of the professional. The lawyer's job is to persuade the work, will convince you of the party, to persuade the other party or convince the judge, it is quite important. When we read the documents in the solution, but also try to be popular, but the difficulty is very big. Ideas can be expressed by the language of the most popular, but the real core technology, cannot do without professional reading. However, when we are dealing with the enterprise, we can not use the terminology to communicate with them, but with the entrepreneurs like manner, otherwise unable to market yourself. So I think high of lawyers in the marketing skills worth learning.

Second, when we deal with the enterprise, but also pay attention to a situation. You know, for enterprises, what is the role of lawyers? Why in many cases, when you know the entrepreneur I don't find you, an accident or not for you? Many of our lawyers in daily communication, always to instill a concept -- you entrepreneurs not law, legal consciousness, it will have an accident sooner or later. I have a lawyer friend, his professional level is very high, the legal risk of special spent years studying Chinese entrepreneurs, at last give an entrepreneur legal risk report, in fact is the entrepreneur criminal record. Between the lines show his contempt for the entrepreneur, always feel they are legal, are criminals. Finally, there is no entrepreneurs will find him. There was a party, often ask me he would not trouble. I repeatedly told him, not an accident. Finally, he was wrong, but he would ask me to help him solve the problem. There is a party, I'll tell him that's a start, he did not believe that, after the accident did not find me. Why is there such a phenomenon? Because of hate! First he hates your crow mouth, because you cursed him, and he will have an accident. Second and he hates you said, I didn't listen to your advice, now due to the face, do not want to see you. Third and he hates you know him, because you know him, he is afraid of you know him more privacy. Therefore, lawyers in time to the customer to get along, don't always say he will have an accident, and he repeatedly stressed. Of course, you have to give him time to analysis, to give him enough advice, so that he had won't blame you, will go back to you to solve. Sometimes, when you feel your customers are likely to have an accident, you may need to circle around and remind him. You can tell he said: Recently look like is not good, may be a great things, need to find fortune have a look. This is a lawyer and client live art, lawyers should be repeated to entrepreneurs instill a concept, the lawyer can help enterprises to make money. In fact, we really can achieve this point.

Host: not know lawyers for predicting the king lawyer of the legal risks of divination have no opinion. Because of his prediction and divination of is the scientific statistics and rich litigation and arbitration experience as the foundation, so it can make accurate judgment on the legal risk.

Gao Dashi.This is the South law with the lawyer style the last difference, but you have to admire the art of speaking lawyer wang. The lawyer how to allow customers to easily accept your lawyer, is the required course. I remember, some of my friends every day is in Western dress and leather shoes, carrying a briefcase, always being mistaken for doing insurance marketing. This involves the lawyer how to sell their own problems. Lawyers don't begin to let others think you are to make the customer money. You spend all day with your customers to face many risks, will have an accident. The customer must have thought the lawyer wants to make him the money. We will be like the king lawyer said, care for others, care about. The enterprise concerned lawyers can help him to make money, to help him save cost. This point, our lawyers can do. Law is the rules of the game "playing", the lawyer can rely on their understanding of the rule of law and social unspoken rule, optimize business transactions, realize the enterprise wealth. For example, we make money and help enterprises to do a merger and acquisition projects, help enterprises to save 100000000. This is a lawyer to the benefits to the enterprise.

    Put questions to: I want to please Wang lawyers and lawyersA problem, business risk and enterprise legal risk often intertwined, but as a lawyer, should only legal risk to the enterprise is responsible for, how to distinguish between operational risk and legal risk?

    High lawyer:Operational risk and legal risk, the concept can be distinguished, but in the actual operation process, the distinction between the two is vague and between. In the course of business enterprises, each specific acts are by law to adjust, must run in the legal framework, the legal risks caused by these behavior are embodied in a certain legal consequences. And these management behavior, itself can cause operational risks, such as market positioning are not allowed, so that the product is slow-moving. Lawyers provide legal risk management service for the enterprise, and not just at the legal level, also relates to enterprise management, such as enterprise internal control system design.

Wang Silu.On this issue, I have two points to add.

First, high lawyer talked about a very important question. My lawyer friend Xu Yongqian is research and practice the top field in China legal risk management, he said that all risk finally through the legal risk embodied, enterprise risk management should be based on legal risk management as the breakthrough point. I'm very agree.

    Second, lawyers involved in the legal work of the enterprise legal adviser, whether traditional or modern legal risk management, have very important two aspects. First, the legal work skills you whether solid, whether it has legal skills professional. Second, the use of management knowledge. Lawyers need to know about the development strategy of the enterprise, understand the company's short-term and long-term needs, understand the enterprise governance structure, mode of operation to understand enterprise. This is what I always say, with a solid legal basis for backing out of the law, legal. Now we lawyers are likely to make two kinds of problems: the first problem is out of the actual and the law. There was once a colleague to me complaining, do a central enterprise legal adviser, legal adviser Fei Cai2Million yuan/ year.I simply said, you spoil this business, you should introduce the company to me, we can fully explore it needs, provide a number of value-added services, a year can earn millions more. Why? Because you're so much emphasis on law, but only that the labor law, so your service only value20000 yuan. The second problem is a "one size fits all" style of play.Just have a peer exchange with me, he said that the law risk management quantification analysis we did not take into account the non property damage. Enterprise illegal profit, many will have a great negative impact on the society, there will be public crisis, how to calculate this part of the loss. To accurately calculate the non property damage, but need more professional people to do, even to agency evaluation. However, when we do the legal risk management, will make a simple remark on the content, such as the scope of influence, level. We would never do no win things, management, accounting, legal profession.

   

 

    Put questions to.You can go to understand from the perspective of whether I. Law firms and enterprises are not essentially different, legal services and corporate lawyers to provide the products have no difference in essence, also need the team to develop, need to marketing team. However, in our lawyers, lawyers used to individual combat, but no modern means of marketing. I want to ask you how to create the teaching law, your team? How to integrate group development and marketing products? Thank you.

Wang Silu.You're talking about a very important question. In our long term for the process of the enterprise to provide legal services, we often let them do a comprehensive evaluation of our. Many companies have talked about a question -- why choose us. To sum up, there are four main points. First they'll see leader team. Second, they see you have a reasonable echelon team. In view of these large enterprises, no echelon team is not capable of handling such a large project. Third, they will see who is the working man is the team, level of how. The leader they will even over the team, directly with the backbone communication team, test their level. Fourth, the members of their team also tend to see the most junior. They think that one of the most junior is the echelon in the end, he was often reflects the team's height.

Whether in the China or foreign, leading the team plays an important role.The leader itself influence and abilities, including the ability to create wealth, market development ability, research ability, can determine the height of a team. I am opposed to do not understand the law of marketing master and a lawyer team. Of course, there are success stories, but this success can only be the case, not representative. I am also oppose not qualified young lawyer leading a team, their success will only be the case law in the industry. We have a look of China's top lawyer team, which is a team leader is not the industry? As Peng Xuefeng, Xu Yongqian, Qian Weiqing, Xiao Jinquan, Yin Jin Du Wang Junfeng, Zhao Cenghai.

Next, is the team's operation mechanism. The team should not rely on personal worship to the leader of long term development, operation mechanism of science need to maintain. Among them, the distribution system is the core team operation mechanism.First of all, some lawyers only to the members of the team are paid a fixed salary is very low, even not to practice law to pay wages, this way can't maintain a team. The second approach is that some companies in China operation firms, starting salary8000/ month, every year attracts a lot ofExcellent research colleges students. Their entry, through the devil training a few months later, he was assigned to a specific post, engaged in a field of work, from Monday to Sunday, working overtime every day. These firms is the lawyer as senior white-collar workers to treat, when young lawyer to master professional skills, have a good chance, would choose to leave. So, the annual loss of talent team are very serious. Recently, there is a work in the company of running the firm of lawyers, to join our team. He is a China University of Political Science and Law graduate, when I graduated in our team practice. The reason why he wants to leave the original firms? Because the distribution system that law firm, did not give him the space to grow. And in our team can get unlimited space for development, for example, thousands of yuan of salary can ensure his monthly expenses, if he can host a project in our team, and can get30% of the commission. So,In the team, everyone is the same, there are infinite space. In addition, our business can bring a virtuous cycle, is why? Because, we have such high-end products. We start people, for example, come with me today Wu lawyers, he has a very high academic qualifications, English and French are very good. He came to our team, come into contact with is the core of our team products, obtain considerable ability of the upgrade, can be directly in the process to guide the professional lawyers to provide legal services for enterprise risk management. He works very well, can get very high reward, but also to the classical case to explore the future, to develop high-end Everfount to business.

Third, the learning space is also very important.When I lecture in Wuhan PCCW, Wang Tao their brand department person in charge said a very classic words: follow the expert go milk. If a lawyer team hiring, itself just want to recruit a person, is unable to retain talent. In the legal profession, particularly in the high-end business in the field of talent training, the most effective way is to pass. Whether it is from the new growth space of view, or from the development team, a good educational system, can achieve a win-win outcome.

Put questions to.Wang lawyers say the enterprise legal risk management mechanism includes two stages of construction and maintenance. So, how to build a good lawyer such mechanisms as the enterprise, can still get behind the maintenance service?

    Wang Silu.Are you a lawyer or a?

    Question: lawyer.

    Wang Silu.Let me ask you a question, Microsoft or what is the office system do you use?

    Question: do the update is?

    Wang Silu.Yes, upgrade, you will not find him to continue with the upgrade?

    Question: but, I contacted the enterprises are small and medium enterprises, feel very difficult to form the persistent service relationship.

Wang Silu.You're still the ball to me. The legal service of enterprise legal risk management is different from traditional. If the enterprise entrusts the lawyers litigate, because lawyers handle things is limited to the case, when the procedure is completed, the enterprise does not need to find a lawyer, or you can find other lawyers. For enterprises, you can't be replaced. Similarly, the legal counsel is the enterprise daily legal, not into the construction of the core of the business. If the enterprises want to leave you, also can find the homogeneity of the law, or the better lawyer. However, the enterprise legal risk management services is to completely cut his core system, construct a management system for enterprise. Of course, to direct intervention in the market, is difficult. You may start from the legal counsel work, or starting from a project. If you begin to enter, to system is very difficult, unless the need of national policy or set up a number of private enterprises or mergers and acquisitions. We need one point one points to enter the core of the enterprise, in the management structure of enterprise elements into our own, and these elements generally only by us to read. Once we finish this work, the enterprise cannot do without us, unless he change a people's systems. We have encountered such a situation, we represent a large central enterprises to provide legal risk management services, their management and legal personnel on the family work is not satisfied, the brand management consulting company results to us, we know what the reason is. First of all, the analysis will only remain in the qualitative analysis, that is to say all the analysis only stay in the law on the law, rather than the reality of law. Second, risk prevention and control measures is not operable. That is to say, the central enterprises to spend money to buy a pile of paper. Finally, when they see our template, in order for us to win, the price to tell us. Therefore, in the construction of legal risk management mechanism, unless you don't do well, otherwise later maintenance is up to you to do.

Gao Dashi.I fully agree with king view. Now many enterprises are outsourcing their, such as human resources. Our lawyers can through the concrete project as a starting point, the service do fine. Is not to say, you this time well, enterprise next time you don't need to do. The enterprise itself is not the energy and the ability to do, only those legal process outsourcing, as long as you do without me, I have excellent people, they will continue to look for you to do. But, when you do a project, it is possible to make your next project is also so, until the entire legal risk management project is up to you to construct, so the business is really cannot do without you.

    Put questions to.I would like to ask Wang lawyers, we should how young lawyers in legal risk management? In the face of the customer, how do we sell yourself?

    Wang Silu.Enterprise legal risk management covers many professional fields, three is the contract, labor and corporate governance is the most common. You should take advantage of your youth, established three professional direction in the future. Generally speaking, real professional lawyers, can not be proficient in professional field more than three. If he said what the master, also must be lying. Before many people ask me, can obtain the successful experience from my book. I said, my book's experience is not suitable for you. Previous successful experience, get may now experience of failure. However, professional and authoritative book, must see. For example, a friend of mine named Wu Jiangshui, we met in the network, because the mutual appreciation of each other. He wrote a book "the perfect contract", as lawyers recognized authority. If you want to succeed in the field of contract, must see this authoritative book. Have expertise in law, legal risk management, is to have the advantage. Even if you do not, then the legal risk management, professional line is our lawyer's future.

As for the second question, I think communication through this way, the effect is not good. The best way is to talk about business, you follow the law. He is a marketing master, from which you can observe, improve. There is one very important point, I have always stressed -- care for others, care, care for others and at the same time, moisten things silently to sell yourself. You don't, he had been speaking, might others haven't heard are not interested. You should select the appropriate time, speaking for words, do things. We do a lawyer to achieve a win-win situation with customers. But a lot of people do not this, always want to take full advantage of the crisis to create your own machine. In this way, your business can't continue. We are going to help the parties to maximize his benefit at the lowest cost, in order to realize the lawyer's own interests, to create a classic case that, in a classic case of achievement brand, and create the future with the brand, the way we came all the way.

    Lawyer Zhang Lifu (host):Following a formal end of the propaganda activities. Thank you very much, please take the applause to all the three lawyers, thanks for their wonderful solutions, detailed solution. Also thank lawyers give up weekend time to rest in our classroom, and our administrative personnel, they also give up a weekend, for everyone to prepare such a perfect and comprehensive preparatory, thank you! (end)