The lawyer instructions (turn)

Due to the business development direction, these a few years signed greatly small many perennial advisory unit. Fortunately, most of my ability, based on many of my personal character trust, with no human.
　　
Since it is directed at high quality service to hire me, I naturally want to return. Unfortunately, I found that almost the vast majority of customers do not know how to reasonably use the units of the services of a lawyer, led directly to the running in a short period of a few months, more than a year, and during this time wasted effort too many to count. The so-called "waste", in fact, only to the client, the lawyer, and it's all time charges, to ten minutes to do, if the client mutter and mumble say half an hour, the cost of nature is also according to half hour, but I kind of OCD patients feel distressed, and although the money and a lot of cash, but low efficiency the consultation will let me a sense of achievement drop -- the latter meaning for me as lawyer's fee itself. Think it over and over again, I feel as if I should follow the example of other common commodities, also drafted a "counsel manual", to help customers can simply, effectively...... Money? Not to mention gossip, briefly outline below, write slowly. Of course, may at any time to adjust.
　　
1 counsel can & shall provide what customers
　　
1.1 counsel service range
　　
1.2 counsel cannot provide service
　　
2 how oral Advisory Counsel
　　
2.1 consultant lawyers time, place
　　
The basic way to communicate with counsel of 2.2
　　
3 how to ask counsel drafting and amendment of the contract
　　
3.1 need to counsel to provide basic information
　　
3.2 need to give counsel to provide contract background information
　　
1.1 counsel service range
　　
For example, a lawyer is not the master, his role is limited, does not guarantee the customer business Everything will be fine. everything goes smoothly, as the doctor is not immortal, not guarantee customers the longevity of the disease (as an aside, more sadly, these two occupation tend to be their customers given the expected). So what is the advisory service provided by the lawyer? I think it in a sentence: "the prevention of legal risks".
　　
To clarify what is called "the prevention of legal risks", must first give a definition of "legal risk". As a lawyer, I have no intention of discussing academic concept and normative theory (because my customers don't care), simply say, "legal risk" is "the event itself illegal risk, and the relative person (usually a contract) business relationships between the rupture after the cause of action, their the risk of losing."
　　
To avoid the former lawyer for customers, the industry is often called a "compliance", such as a foreign-funded enterprises to invest in a business in the mainland, entrust a lawyer to know whether this industry belongs to restrict or prohibit the entry of foreign capital industry and issue a report, this is called "compliance review". The latter I call it the "legal risk prevention", including the prevention of unintentional breach of customers according to their own understanding to perform the obligations, and ensure customer fulfilled its obligations, the other party refused to provide the price or the price of the defective cases, customers seek public power to protect the ruling authorities of the when, can get support. This concept is very important, because if you understand this concept, we know you hire lawyers to give what you.
　　
First of all, you should expect a lawyer can ensure you are operating in honest and law-abiding, won't appear "Silence", namely to pay cost, but because the other side of malicious breach of contract and can not claim rights.
　　
Secondly, please pay special attention to, a lawyer should and can only protect your claim, that you should obtain legal support for your efforts. However, 1) this does not mean that the rights to realize. Is simply "the lawsuit should win, but can the sentence, depending on each other's executive ability". Moreover, 2) if you want to cooperate with the other person, perhaps you don't sue, but this is your business decisions, the lawyer can't guarantee you not bullied -- of course, even if not prosecuted, if you right and legal protection, can imagine you face the cooperation each other to be able to fight for more benefits with gold, three fat although dare fry is one thing, but armed with nuclear weapons should always strong some, we can imagine the future Chinese brother to benefit should be more.
　　
Once again, a lawyer experienced the greatest help, is to be able to help you think many of you think details, and these details are often managers unimaginable, the lawyer should be good at, because they have committed to both sides face each other to death pinch special fault finding procedure, are a bunch of evil molecules special heart of small guys, but you spend money not to do it?
　　
Finally, when because of commercial status, you have to accept the conditions for cooperation each other unfair, at least the lawyer will remind you, after the trouble probability of how much, and how serious the consequences. And this is exactly what you do a reasonable business judgment basis: because you just know this business you can earn how much, for example, is the ten million, perhaps very tempting, but your probability of default is much, if the breach of contract. Do you know how much? If the lawyer can tell you, the probability of default is very big, once default to compensate twenty million, are you doing? Another business, earned only 100 million, but the default probability is very low, has lost three melon two dates, are you doing?
　　
1.2 counsel cannot provide service
　　
According to the described above, in fact, counsel cannot provide service is obvious. First of all, counsel often not business relationship and business conditions, so this kind of problem not to attempt to attorney judge. For example, you want to make a partnership with a company, then in what ways of cooperation, both out of what resources, cooperation, cooperation profit into each other Is it right? Paper company, cooperation projects can earn money, cooperation can unilaterally terminate cooperation, as well as a Is it right? Reasonable, liquidated damages Is it right? High this is not a lawyer, need advice or services provided -- these are your project responsible person or company department decided. The above content, there are usually stated in the contract, then the corresponding, this part of the terms of the substance law is not checked, this part of the terms, we would call "the commerce clause". But the lawyer will review your commercial terms of the Is it right? Error. For example, the lawyer can't judge your goods should sell eight hair or a piece of, specific should one day delivery, acceptance criteria is what -- this is the commercial terms, but he should check with your agreed "a" refers to RMB or USD, missed delivery dates, acceptance criteria are objective (I've written acceptance criteria "party a satisfaction is the standard", you when this is love?). The most common mistake, is directly with the lawyer said "we have a cooperation with the * *, are on the whole we provide each other with * * * *, * * *, you out of a contract"...... Dear, there are? The following is not? Are you talking to you of forty years when husband / wife talk then everyone heart?
　　
Secondly, the lawyer does not guarantee that you can make money. It was very easy to understand the other, but actually it refers to: if the other party has no capacity or stop loss performance capabilities, the lawyer shall ensure that you get at least one his judgement, but can not be executed...... Of course, this although it is business risk, but lawyers also have certain space to play, the size of the well, depends on the ability and level of lawyers.
　　
2.1 consultant lawyers time, place
　　
The first statement, although the title was written consultant lawyer, but if you are understanding consult lawyer friend, like me, this also applies to the relationship between informal business consulting, regardless of whether the consulting fees.
　　
2.1.1 consulting lawyers time: first, since it is positioned in the consultant lawyer, rather than a general sense of the consultation, so please be careful to do consulting in "before", rather than "after the incident". What is the "before", what is "after the incident"? I still don't give definition, because as a qualified lawyer, I generally do not put their hopes in the customer understanding, so given the extension is a better way: for example to work with others, please consult a lawyer before signing the contract has been signed, but not after to others; please turn over, on or before let each other know that you want to turn my face before, rather than after consulting lawyers.
　　
Why do you say that? Very simple, you have a white background with black text signed stuff to come over to ask how to do, or that you have put the things away again ask the lawyer, it would be a waste of the core counsel a service -- risk prevention (do not understand, flipped the "counsel services" a). Things in the inconclusive prior, a good lawyer can prevent legal risk and do a lot of things, but if you already do, so congratulations you, you can only look forward to your counsel is a good lawyer, and even a good lawyer, "one can't make bricks without straw, you things are enough the words...... Or that sentence, the lawyer is not master.
　　
Of course, some people would say, oh we are very small and weak, the big companies should use the legal text of their cooperation, or yellow, find a lawyer to see is useless ah, I can't change. But as everyone knows, the contract can not change to change, but in a counsel of excellent guidance, there are still a lot of things you can do to avoid some risks, not as you imagine, in the face of business giant small company can completely hide - you know the Big Mac often means that the enterprise internal control difficult (enterprise risk control difficulty basically and enterprise scale increases proportional, and certainly far ultra linear increases), it is the small business opportunities, as to how to do, this is not introduced, this is tailored fees......
　　
About time, finally there is a narrow sense of time: I personally hate non work time consulting, so unless cannot but, do not at this time put forward advice to my personal needs. The definition of working time is actually very simple, a day on Friday, early nine late five -- from the practice began, I insist on this point and this concept to work overtime those consultants homely food, of course, very grateful they have expressed the utmost respect.
　　
2.1.2 consulting lawyers place
　　
To tell you the truth, I have forgotten that listed this outline why noted place...... To counsel office or in our company can ah, what's the special......
　　
The basic way to communicate with counsel of 2.2
　　
Wrote here, I have a feeling this segment will be controversial, because the color is very strong...... Well, the talk. According to my understanding, communication and counsel principle is: straightforward, be concise and to the point, with questions.
　　
Straightforward is that, when you telephoned counsel phone, minimize the greetings, don't mention it, directly to the "* lawyer I have one thing to consulting" as the opening can be -- unless you with counsel very well, but also do not talk more than 1 minutes. This is a reason, because if the counsel provided is paid by the hour service, the longer you greetings, you lose more, and if the counsel is provided by time period (e.g. pack years) service, you talk more, lose more counsel (unless you are sure with the counsel Shendu is another saying). Since it is a cooperative, who lose heart not comfortable, why? In addition, able to communicate in a simple way, not in a complex manner, for example, I have seen too many customers will interview, and not to the phone is what things, but often you in Beijing this bad traffic situation spend half a day to meet after the discovery, in fact, a lot of things telephone consultation communication can be completed...... I can understand customer needs to communicate in order to ease of mind, but this is twenty-first Century, is no longer the inconvenience of communication without network era, I was even in Shanghai and Guangzhou's perennial consultants, cooperation is very happy, all communication is the mail and telephone, this will all meet to talk about, it costs much higher? Finally, I personally hate most, is that to meet to talk about things, what results does not say, let you spend half an hour in the "tea", burn boil, bubble tea, tea poured around a circle......
　　
Be concise and to the point is that: in the most simple language tells all elements of consultation. In fact, the most important is communication, will you consult the things involved in time, place, person (parties), after the cause of the things, you can think of, and the results were expressed in a brief language. In front of the six Is it right? Look familiar? For, this is the language class we speak of "narrative" six elements, in addition to the last element of "you want it" and not the things themselves beyond the results of. Moreover, consulting and not write papers, so you don't need to pay attention to between the six elements of the coherence, but can be in "the time * * *, * * *, the parties in communication, * * *" like the table format about style and lawyers to know, you have more, in the mind or lawyer to cut off most of the branches to build such a table. Too much consultation, on the background of this back and forth is described, and a half day can not enter the theme, and the most easily by the parties is missing, "what he want results". When you don't speak clearly "desired results", please don't ask a lawyer "what should I do?" Your money or your life, wish an apple or potato are not clear, how lawyers know how to do? Only you know what you want, the lawyer will tell you, money for money, Yao (criminal) don't agree to a compromise, to apple for fruit, potatoes to the vegetable market.
　　
The last point is with the question, this is a catch all clause, means that if your presentation is not straightforward, not be concise and to the point, please cooperate with counsel and understanding questions, he interrupted your description is designed to save you time.
　　
Little attention to legal drafting contracts and review of the contract 3.1.
　　
First of all need to be emphasized, contract drafting and review of the contract is different in nature. In general, not every company needs to draw up the contract, but each company should have professional personage to audit the contract.
　　
When you ask a lawyer for the company, draft the contract, please note that, in general, the drafting of the contract work only in "the contract contents, no ready-made templates available". Two the words quoted in the drafting of the contract: (1) without its own contract templates in the main business, or the original contract template is perhaps the original want to fool out (why I suddenly want to @ my predecessor is the best); (2) the company has opened up a new business (product) line, the main business contract templates don't use. But for most companies in the industry, because the business model is fixed, the industry business practices have also been mature, engaged in consultancy of the Attorney General of the industry also has full cognition, in this case, to provide a contract template is not necessary, usually tuned in the industry on the basis of general template can be. But for some emerging industries, because the industry itself is in the high speed development, emerge in an endless stream of new business models, the industry is not a particularly good template can be used for reference. In this case, a time-consuming work became the company's contract template. In my experience, the most impressive is a company in order to make their main business contract template, the various departments of the company business director and I made some discussion. Before and after I issued N versions of all the main contract, work records spent more than two thousand minutes -- I must admit, it is spending a lot of money. So, when you ask your lawyer to draft the contract template used in the company, make sure you do consume a lot of lawyers work (which are RMB ah) preparation. From another point of view, if you think your company is a non traditional industries (such as manufacturing, banking, construction and real estate), so please note, your counsel without consultation with your business case, light thrown to the so-called contract template you the reliability, it maybe is the Red Cross with China innocence exists -- perhaps, but is often reverse verification.
　　
Say to the audit contract, which is in the company of any foreign economic exchanges will produce, belongs to the most common but work, but regardless of industry regardless of company size. In fact, if the lawyer plays a dominant role in contract drafting link words, then the lawyer contract review process will become a part of the process. But please note, this is also implied a most ingrained I and has been in all my advisor unit execution concept: the company all contracts should be handed over to me directly or indirectly examined and confirmed by. As far as I know, in the industry, this is not a common practice, especially for the external lawyers instead of forensic gang for people. But fortunately, I insist on getting all consultants understanding and support, not my confirmation basically, these companies contract is unable to go to seal the link. Of course, they have also been a corresponding return in case accidental, that is the successful rate of increase (part of the unit is 100% wins).
　　
At this point, you may wonder, resulting in a common idea: why can't I take "the high amount of the contract the contract" or "think in terms of a problem of contract" to the law review, to save the cost especially the lawyer charge lawyers cost? Unfortunately, this practice is prohibited strictly in my all my consultants, the reason is very simple: a high amount of the contract is not necessarily high risk, a lower value of contract is not necessarily the risk is small, and the terms are no problem, itself needs the expertise to judge. You usually are forgetful, often do not remember an "accident" of the contract did not actually give lawyers audit, but just remember "I pay so much legal fees, even!" Or "why no lawyers reminded me of this contract to give him?!" As a responsible lawyer, I don't want my customers "accident"; have a strong sense of honor of occupation as a lawyer, I can't bear to be wrong -- please note, this sentence I didn't order.
　　
Of course, some business owners will be able to see, I described the contract audit approach involves internal and external lawyers legal powers, but I'm sorry I can't start on this topic, because if before the end from my current advisor trade secrets of the unit very far, it is part of the it seems too close, so stop.
　　
3.2 drafting contract or contract charge pattern
　　
This problem must be alone took out. I know a lot of ideas is very trendy people always think of the legal service industry is a piece of blue sea, will be dedicated to the lawyer services products, especially the combination of Internet and electric business, directly reflected in the charging mode, the lawyer service is divided into different types of charges, such as drafting a contract for eight hundred block, issue a letter five hundred, audit a contract three hundred pieces (such as price I write, just that, does not represent me to remember this quote, and write this paragraph of time I was on the plane now, want to find no place to check). This reliable? In fact, you just think about it. The same draft the contract, I give a construction enterprise of a contract (assuming the construction contract the terms of which they haven't memorized words), and to provide an Internet enterprise sales contract for its new products (hypothesis is Micro message 5 administrative micro-blog promotion with it), the former online is everywhere, even the court hearing the judge in the case of building engineering are backwards fluently, which maybe even the most fashionable BAC or CIETAC arbitrators have not seen, which do you think the contract workload is bigger? According to the unit price, but are not on the high-low, had many research long issued the contract, 500 sell you a, dare to use? Of course, the theory on product can reduce unit costs, but for the company customers, and to spend a little money, do not know who issued the contract, I really recommend that you might as well go to the same industry afford legal fees companies get a contract to change. Change it yourself, although not tailored, there may be a problem, but it is the industry leader, the overall level is not low reliable. I met a year for a consulting unit new made the contract template, take out second years many companies contract let me look familiar to hate not find them another lawyer fees. The most funny is, a carelessly left typos are wrong as like as two peas -- legal documents lawyer drafting can not claim copyright is a sad story.
　　
3.3 need to contract background information to counsel the
　　
Originally, this part is to provide contract information about things, but then found on the already mentioned, then just say easy to customers ignore background information outside of the contract business.
　　
Because I to provide advisory services are mostly concentrated in the Internet and other emerging industries, so it is a significant problem: business process flow faster than the contract. What is called business process flow faster than the contract? Is the content of cooperation of both parties of the contract and have fulfilled, and legal process written contract in both companies often lengthy and modify -- although I can promise I to the consultant unit provides is the response time of 24 hours, but the other is not usually. It will frequently appeared in a traditional industry does not see more: contract backdating, namely the contract signed, the contract is fulfilled. Please understand, this in the legal person seems to belong to a typical "abnormal" situation, you have to account to the lawyer, because for the backdating of contract, contract fulfillment if you tell in advance what, the audit work will be more targeted, the most important is, more time -- also you save money.
　　
Secondly, no matter what the enterprise, there are always some contract is one thing on the surface of said, in fact, to have the rich connotation of the background on the inside. Please note, then you must tell your lawyer, what is the background factors you sign this contract. I have a consultant unit will do very well, in a meeting with a contract audit, forensic especially in the body of the message to remind me "* * terms has been tough, but this company mister told me, * * leadership Shendu, assigned the problem." Very good, this problem I can skip, because of the long-term process of cooperation, the company's responsible person even to my attention to some pre judgment in advance, and explained, otherwise I will reject to sign the contract must, and the company leadership to explain what it is -- work two times, two times the legal fees. Wrote here, why I think that China FA and Camacho that looks very fantastic contract?
　　
Finally, if a business collaboration model you involved in the contract there are doubts, in fact this business -- and I said before the lawyer only legal risk prevention and control of risk well told lawyers worry you are not in conflict, as told in advance in your concerns situations, wise counsel can through the commerce clause exquisite expression to achieve your objective. But please note, this is not the basic obligations of counsel, but he may be able to provide value-added services.
　　
Conclusion:
　　
According to my experience, I completely can also write "companies in different industries to verify his lawyer correctly", "how to pass the bar work report to determine their own business" and so on, but these down endless, in fact, these ideas have been my unwritten rules of implementation the cooperation of consultants to, and got high evaluation. As I in a column of a newspaper article wrote, "as the half business is in providing legal consultancy services for the enterprises, half of the business is in customers for processing various do things lawyer, from personal preferences, in all of the customers, I am most interested in is probably not the mature large enterprises, but some small start-up company: as if through a RPG game, witness the leader in peer who kept Daguai (handle operating difficulties), upgrade (corporate profits), access to equipment (angels or PE investment, of course, also unlucky) the group off (firms)," and I have been working, but also become a follower of good, I witnessed the client's brilliant.