Time management of lawyers and other Liu Dali lawyer chat records (four)

Although this article is 2007, but it is worth learning about, how to manage time, is worth learning, each planned daily schedule, there will always be come unexpectedly things disturb our plan, therefore, recommend this article. How to manage learning.

 

Liu vigorously:

 

In fact, some people in his field of expertise is very successful, and his style of writing is very good, I read his article I am ashamed of myself because I can't write. You are more diverse, and I are single. If you are interested in the article, there is no good or bad, high and low points. In fact, many lawyers such as Tao Wuping, Zhai Jianwo is very appreciate their. Tao Wuping in the courtyard style, performance ability is his strong point, everyone is completely different advantages.

 

Si Weijiang.

 

Writing is not a lawyer business, but the chores.

 

 

Liu vigorously:

 

I think the birth we 60's and 80's as well as your career changers have great differences. Because when I was in the office internal found very different, not the same as in where? Not that they listen to the song, book and we are not the same, but the values of the problem, including the interest points are not the same, this is the characteristic times, a lot of people in the 80's and not like we used to, they think I have a lot of time, can also do a lot of things, so I think this is not what good points, but have different characteristics. For example, in the office, they resort to see the heavy, this is as it should be, why not take a vacation.

 

Jun He law firm

Tao Yu.

 

I have a question to ask, just Liu lawyers said young lawyers should pay attention to market the new policy and pay attention to the market? Can specifically about how should we observe? Because we usually see economic newspapers, probably due to our limited experience, there is no way to quickly extract information from them and US business related information, is also very difficult to put these information into the US occupation of useful information, what should we do?

 

Liu vigorously:

 

I can understand, the same novel different reading experience, harvest will be different. Because of their own experience, family environment, the growth of the road we decided reading perspective is not the same, when the lawyer read policy from different business experience, practice areas, different to print issues will also not the same, I think as a young lawyer, first, we should pay more attention to the market hot, no matter the if you want to do, for example, last year the ten M & A, can you tell which ten big merger and acquisition? In fact we and customer communication process, not completely, drily on legal skills, you in the exchange process is not out of the history and culture of the problem, but the market information, trading you must master a lot, so that the customer will play another role, will look at you, you can't always dry problems such as last year, Goldman Sachs in the whole world to earn the largest single business comes from the Chinese which one? Industrial and Commercial Bank of China. Here, you know? If you do not know, it seems a shame. You do business, whether foreign we have no matter, or you are to do, want to do, you should have a look, not to buy 5%, 1700000000 or 5000000000 dollars, listed after he earned $5900000000, to see this thing, if you want to make money, do not do a lawyer. Why Hongkong, USA many successful lawyer at my age to do investment bank directors, because a single business can receive tens of billions of dollars, give him the person is no problem. 5900000000 dollars? You're going to want to, its value in where? Because Goldman Sachs shares so ICBC shares in the global roadshow can be high up, why these institutional investors are willing to follow them, because Goldman as America's biggest investment bank, he could watch the line, this is a shot in the arm, everyone is a win-win. Because the ICBC's share price also climbed up, Huijin 5% inside, so the Huijin chairman can proudly declare, I collect the gold was established a year, tens of thousands of percent is my profit rate. This example is the face on things, you know, when you and the client chat, if your customers are banks, investment banks or America lawyer, so you in the market there, you know what, if you consider more progress he trading especially, his 5% is through the conversion or through the issuance of orientation he is, in what way? What is the focus of their negotiation? How do they pricing? Pricing model with what? When it comes to the pricing problem, a lot of people think this and my lawyer work related, our lawyers say value, my experience is, you don't own legal work is limited to what is legal, what is effective, not limited to draft a contract, I think my strongest trading is done. I think what is that? There are often some lawyers will be confused, what is the business problem? What is the legal problem? According to the reasonable business problem is not my responsibility, such as the purchase price is 1.1 yuan / share or 1.5 yuan / share, this is the business problem is not my lawyer of the proposal, and the client's decision, is a business decision, I tell you to do judgment, but I want to do judgment. I was divided into several levels of view about this problem:

 

The first, want to do a business lawyer, to do value-added services, such as pricing, you can not know the proposed pricing 1 yuan or 1.5 yuan, but at least you know what is the price? Is the net assets, the net asset is what concept? The Target Corp was acquired, debt problem, relates to the net assets security, this is a problem of law is connected, you can say that I do not understand? Because of your own trading is an influence, now the contract is illegal, does not conform to the law clearly stipulates that the situation is very few, we do a lot of investment transactions what is the problem? Is not a purely legal illegal questions, but how to define risk, how to allocate the risk point, this is a typical problem.

 

Second, we must make clear what your responsibilities, which you should not bear the responsibility, risk control is a problem, should not have not the decisions you make that decision, future problems you have to bear the responsibility of the. Here is a negotiation skills, for example the young lawyer Sharon if to hold and Chinese customers how to deal with foreign customers, or how to deal with the lecture. The young lawyer might help. Just said arbitration, I should choose the Shanghai Arbitration Commission or select CIETAC, this is decided by the customer decide not to do is decided by the law, you have to put forward the suggestions you, explain the differences and the risk point tell customers. Second according to your experience tells the client will do better, but the final decision by the customer, we often discuss application and Chinese law and English law on cross-border transactions. In fact the problem, not the real legal problems, is in Hongkong for arbitration, arbitration or business problems, this is the customer to the game, but this is the view of our problems, we must tell the customer, if the choice of law applicable to different will have what difference. If I were a foreign customer firm I will choose a foreign arbitration, finally, this is a psychological problem, they feel Chinese really no way to achieve the independence of the judiciary, to this point they still worried. May foreign customers will think he is more like the international standard, he could be more assured, in addition is to say, from my back, are you going to solve this problem, first, from the "New York Convention" Mutual Enforcement of arbitral award, an award either at home or abroad to get executed, this does not have what difference. Second if it is of high quality, personnel quality is poor, not enough to allow foreign customers at ease, this is not a legal issue but a business problem. For example, negotiation skills, if I insist China, why I do not need to talk about,? Because it is the game theory, this is the market practice. 90% of the contract are selected in the China arbitration, why Kodak can accept, but you can not accept the general. You can not accept, you tell me why you can not accept? This is the stronger negotiation. Not accepted by the other side. Another test you, if not, he insisted on Hongkong, you adhere to the mainland, what are your solutions? Find his when many feared. Whether we can agree to arbitration, arbitration arbitrator in CIETAC, but there are third nationalities. The public is strong. If the Chinese respect his to be in Hongkong, if he respects China must China. This is a creation of my. The same thing about the legal and non legal, business and non business problems, find out the problems and the solutions are different options.

 

A young lawyer:

I want to ask a question about the position of lawyer, whether the litigation or non litigation lawyer, a successful lawyer has a lesson, he once went to Canada, there is a worth 100000 friends of his reverent and respectful, later he sent, opened a luxury car, but the Canadian friends of his not so reverent and respectful, but cold. What is the reason? Once he and his friends on the phone, I report to you a situation, with the "report" a word, positioning the role, lawyers are employees, or you?

 

Liu vigorously:

 

Your question is how the relationship between maintenance and customer, in addition to the litigation, suggestions, in what way is more development and his personal friendship, friends, or just keep between a lawyer and client service relationship, to explore this issue, I talk about personal views but not necessarily on, 100 people may give you 100 answers, I personally feel that there is no need to rise to the dignity of the problem, you put forward this problem, I think is very important, how to be a good lawyer called occupation, the main function of lawyer, he embodies the sense of responsibility, I can say, many international law firms should say at least they and their customers, keep in touch with customers trust relationship between very good, please watch the world cup, please drink, they and customer service activities outside, did not rise to the moral sense of Me Qiang above the northern culture, too much emphasis on morality, I may say, I am Shandong person, say a customer does not appreciate the value of the lawyers, this is the most I can not stand. I hope to get respect, first I don't think we should have a sense of morality, as an occupation of lawyers, as you go to see the doctor, no need to humble bow knees between you and your doctor. Civil law emphasizes that justice is justice, judicial workers, as far as I know, the French, like Germany, but American, Britain is not the same, there the lawyer is a service provider, as a commercial lawyer should also emphasize the attributes of justice.

 

Kindu law firm Shanghai branch

Gao Fangfang.

 

Liu Dali lawyers Hello, I remember you said young lawyer should not premature specialization, I don't know if we are lucky or unfortunate, because we entered the famous the received professional training, we can quickly enter the track to do high-end business, how do you train us that some of the first grade. The students? What is your training program?

 

Liu vigorously:

 

I don't know what you say professional and I said is like, you said the financial department is a professional? Is a professional, but the professional scope is very wide. In fact, in the acquisition is the company's business, but financial institutions to purchase business, the business and corporate practices in addition to the 20%, 80% are the same, if you put the specialized understanding for me is that the intellectual property rights of intellectual property, I do, but I know, there are many intellectual property types, such as consulting company do the registration, for the record, second to do business in intellectual property, such as a variety of authorization, contract, some acquisitions also relates to intellectual property business, it is very fine, as far as I know, we are not to give into the kind of professional, but we are considering alternate, but we have not you said the specialization, the first grade the goal is what I said just now, so I think the problem is not good or not. This is one of my feeling.

 

Gao Fangfang.

 

May I had understood specialization is a bit of a problem, as we do these non litigation lawyer may be limited to a very small business, at home to the small number probably cereals can eat, obviously, even if we do these and litigation lawyer or not., you is how to treat?

 

Liu vigorously:

 

Litigation and non litigation now divided is more obvious, in which commercial law field, it now has divided companies, real estate, intellectual property, banking, finance, bonds and other various, for low grade of the accumulation of experience is not the same, different style, such as securities and financial style style not the same.

 

Gao Fangfang: Excuse me, are what make the training plan?

 

Liu vigorously:

 

Today is not suitable for such an occasion to talk about this issue, this is not what the commercial secrets, but also involves the identity of communication. This is I often training lawyers often one of projects, each of US foreign representative firms are image, if it is informal, it does not matter, but in formal occasions, people may not remember your name, but people will remember me Liu Dali lawyer said. I want to say is what mean? I'm here although not representing JUNHE today, but on behalf of my own.

 

Hongqiao Zhenghan law firm

Gold:

 

Liu: Hello, I mainly do is business litigation, but also some foreign legal consultants, there are several foreign consultants I was doing, I found that my time is not enough, and I often miss some important things, there is a case in Yangzhou, the the case value of 5000000, the second half to continue their moving again, I almost forgot. If you forget, I will pay about 5000000 of the loss, so I would like to ask Miss Liu in time management, what do you suggest?

 

Liu vigorously:

 

Your question is very good, this is self management problems encountered second young lawyers, I think you do very well, to tell the truth, we have a self management problems, no matter what, many people have problems on it, what you said just now reminded not often good, if the management is not good, the limitation of action over words, the responsibility for you is a devastating blow, because we are the high risk industry, we deal with things every day, as long as there is a problem, so the risk management is often I give my colleagues asked where, I talk about my own experience. The first one I think so, the lawyer's job arrangement is very important to and secretarial work, how to use the secretary is a problem, which was equipped with the Secretary General in may. If the Secretary, the first is how to use the secretary problem, my secretary is basically not typing, but pay attention to my schedule, such as today's meeting I may forget, but my secretary in the morning to remind me. The Secretary also need training, in a mature market, such as Hongkong, New York, the Secretary has the Secretary General of the association, the secretary is the biggest characteristic of active. No secretary, to have their own work schedules, such as arrangements for the trip, what are you doing, to list. What impressed me most was once, I listed 19 things in the list above, one morning, every finish a, had crossed a night, to completely done. Too many things have to be second order of priority, many lawyers especially in the inside of the lawyer, disorderly, everything is expected to not spend much time. Third is experience, we have 10 things or more, but we have to finish. For example, my mobile phone calendar and my computer on the calendar is synchronized.

Si Weijiang.

 

   The last two questions.

 

Shanghai Fu Xuanjie law firm

Zhu Hui.

 

Liu Dali lawyers Hello, you 20 years of practice, and you have experienced different firms under the existing system, do you think what kind of firm management system is in accordance with the present law?

 

Liu vigorously:

 

There are some young lawyers do not rule out the idea of starting their own business.

 

Si Weijiang.

 

Some time ago we made a questionnaire survey of 100 a new lawyer, found that more than 60% of the lawyers want to flow.

 

Liu vigorously:

 

Certainly not a standard answer, why? Because the market is not mature to such a degree, it is not a mature market, immature performance in where? It is the development of change is very big, small caught a big deal is not impossible, of course, through a small still can get large transactions, this represents the market some not mature: first the institution he also see money, see the relationship, not to look at the quality of. Second internal control is not good. The market is not mature, firm very mature in management system is not realistic, because this is the mutual mapping problem, I think you have been put forward the problem from the point of view, how to design firm structure, how a mechanism can give a young lawyer with a better future? About this question, we cannot say that all firms could be as kind to do so, the market is a multi-level marketing, such as restructuring state-owned enterprises, restructuring, including A shares listed, listed SMEs is not our strengths, it's not that we don't want to do, I mean the market is multi-level, you to have a positioning problem, if you choose a firm, option is not so big, first there is a mechanism with teach you; second the partner is doing some business in the market, and is a promising business. You want to find a more suitable office development on you, of course, the management system of small says money problems, has become a partner of the firm in question, whether the right to participate the problem. For young lawyers, I more see is the firm to others, do business, of course, if you are willing to provide opportunities for young lawyers? Including business opportunities and partners the opportunity, some firms are family owned, Beijing some, their lawyer is iron abacus running the soldiers, this and your purpose should be combined, I can't say our purpose is the same.

 

On the second question, a firm's management system should be how? It's hard to say, in Chicago large, medium, small have many, why we called partner, what is our pursuit? Which has a small relevance not up, if you want, or engage in a small place, not necessarily the majority schoolmate at college, also can be the Mustang. What kind of system? The question is what to do you want these system? Why did you go? If there are some thoughts, you will be the development of a project, or individual combat action, I think you to market your business and your customers understand clearly, you say how we cooperate, we have what kind of system. You are three, five years to ten years, or to the market, many people insist on not a long time, if another system, how do you assign power, this power is not only benefit, money, often still focus on how we model for money, lawyers say, to merge and cooperation and people people generally know, complexity, and if you have a tacit understanding of the rules is very good, but this is very difficult, because we all lawyers are the boss, a lawyer is a person holding a bag, the top one head, yourself, this is decided by the characteristics of the. In fact, law firms are the same. A firm management decentralization, I think is very important, if what is national system is certainly do not go down, if what you say is not possible. It is related to your business model, we must first learn the Foreign capital company many strategy, it is instructive to our firm.

 

Si Weijiang.

 

Finally, a chance to ask questions.

 

Shanghai JINDA law firm

Wang Meiqiang.

 

Just the lawyer and I want to put forward questions are very similar, because I now do what lawyers for only a year, is a not well-known small, we is registered in Changning District, from my perspective, I collected a Changning District revenue information, is earning top ten firms accounted for 70% - 75% in between, is that 20% of the firm occupied 70% of the market, accounting for 70% of the lawyers to earn income accounted for 20% of the market, to solve this problem, I would like to ask, whether or not the phenomenon is the international convention phenomenon, this phenomenon is quite normal phenomenon or to change the phenomenon?

 

Liu vigorously:

 

These figures are comparable I doubt it, say you is the 50 home, where they do different business, these different operations division comparing different market levels, are not comparable, you are talking about the problem from the lawyer charges above, actually this all over Shanghai, China is the same, like the kind make a big deal for a period of several billion, you said he took much proportion? He may account for 1000 of the firm 90% of the business, to see the problem in this figure, we can't see, the market is the market at different levels, the small and medium-sized enterprise business, acquisition or investment business, this is a level of small and medium-sized enterprises, such as the large state-owned enterprises and Multi-National Corporation, this is two different levels, and real the real estate business, such as real estate listing Corporation business, such as a large real estate development projects and medium-sized and personal mortgage project, it represents a major business on different levels, at different levels of business, because I am in the high-end market, high-end market will become increasingly polarized, more concentrated to a few, the competition takes place in the in the country, such as the large, including the overseas listing is concentrated in the sea, trade, Kindu, kind, which are digital support, we're talking about small and medium business, we may not have the right to speak, because I hadn't done also do not have statistics, I think the development of space will be there are more and more, this is a market big enough, I reported on the inside, there is a saying lawyers to fierce market competition, I Have no living space, if it is a low level competition, for example, we just want to catch action, it may be so, why? Because you don't have to provide value-added services, you and the other does not have what difference, like writing a letter like, 100 of us here to write letters, does not have what difference, with what you have this letter can maintain your customers, let him give you more business, more of the company's business, the give him more friends. At different levels inside the market, everyone is not the same, if you have a value-added services, it is local differences with other institute. You must have a strategic, means, to implement it, such as when I was in Great Britain, a lawyer to see anybody maritime, maritime business do very well. He said I would turn the maritime, and bought a lot of books, back a lot of contract back, because he felt that Shanghai is a port, there are many maritime collision, ship building. But up to now, he has a maritime did not, why? I said one problem is the market does not represent a legal market, you have ideas do not represent can do the laws of the market, this is two different questions. One of them to come to my office, he said Shanghai now there are so many new buildings, there is so much real estate, lawyers are busy come nevertheless, a lawyer must have said the business? I say a little ignored by you, you see the 100 buildings... For example, 10 buildings in 5 buildings may be built from design to have not requested a lawyer, this is China characteristics. There are 5 buildings, a lawyer, but pay some money symbolic, 1, 20000 or 2, 30000 let you do some symbolic things even if, there may be two buildings because of Hongkong New Century Investment or investment in the Morgan, a lawyer, but it is more than 50% of foreign lawyer. When you talk about China lawyer market, you can be so simple that the market is good or not? It can be said of our market position here, do this business? So the partners when discussing a market positioning, to be especially careful. I don't know the market is in no way location, if do not understand their own ability, expertise and customer base where and existing customers there, there is a big deviation. 

 

Si Weijiang.

 

We are meeting today to end, finally we applause thank Liu Dali lawyer, also thank you all for coming to our young lawyer Sharon activities.