You call my lawyer?

2014-01-23 Feng Jianhong And the network public opinion

Source: "a"


In recent years, more and more domestic celebrities, businessmen began to have their own private lawyer. "I found something lawyer" this sentence is often heard in the TV drama discourse, now more and more appear in reality


1Sept. 20 in the afternoon, when a reporter linked to the "" when Zhu Xiaolei's attorney, he told reporters: "Lin Zhiyingzheng entrusted me with his son's portrait right infringement cases, the variety show" Daddy where to go to "hit, he was the problem of tort is serious, and the other three children, I also agents." As the Taiwan artist Jimmy Lin's personal lawyer, client's every act and every move, he must follow up, he called their "legal butler".


At the same time, Zhu Xiaolei also is the Taiwan artist Annie Yi's private lawyer. Not long ago, Zhu Xiaolei just helped Annie Yi win the weekly magazine "TV" false reports of tort case. Beijing Chaoyang District court sentenced "TV weekly" magazine published apology statement in a prominent position, and compensation for the Annie Yi mental injury solatium 40000 yuan. Check evidence of both parties at court and "TV weekly", is just a microcosm of Annie Yi of adults in recent years. Especially in 2013, Annie Yi successively because the right of reputation, the right of portrait rights violated and frequent.


Zhu Xiaolei told the "radius" reporter, he and Annie Yi initially only single legal affairs agent, in the treatment with the help of portrait right after a legal battle, he became Annie Yi's "personal" private attorney. In addition to a number of infringement lawsuit, any legal problem of Annie Yi, just a phone call, Zhu Xiaolei will be the "aftermath". "Cooperation for more than a year, I help her with dozens of lawsuits, most of which is the portrait right infringement cases."


By the end of 2012, Annie Yi launched his acting studio, studio needs of all kinds of formalities, the movie contract review and so on, by Zhu Xiaolei for its host. Zhu Xiaolei said, in addition to Annie Yi, he also served as Richie Ren, Ma Su, Zhang Xinyu, Li Chen, Jimmy Lin and so on more than 10 artists personal lawyer.


It is understood, in recent years, more and more domestic celebrities, businessmen began to have their own private lawyer. "I found something lawyer" this sentence is often heard in the TV drama discourse, now more and more appear in reality.


Private lawyers to provide "personal", "Butler" service

In the afternoon of December 18, 2013, with the "fake" storm of the Jimmy Lin at the press conference held before, have a similar rehearsal dialogue with his personal lawyer Zhu Xiaolei:


"My first response to the question, if the media has some sharp questions, I will make a gesture, said 'the questions are answered by my lawyers'." Jimmy Lin said, in the face of Zhu Xiaolei playing a please gestures.


"You know me, you don't have a good answer questions, to me. I'll be at your side." This scenario for Zhu Xiaolei too accustomed to, but this is his participation in another client public relations crisis.


In November 25th, the one month ago, micro-blog, "fake" red Fang in his blog, Jimmy Lin claimed that "love Bili" collagen drink he lead the team to develop a challenge. Fang notes, Jimmy Lin's "love Bili" company, not in the industrial and commercial registration is on sale now, belong to unlicensed operators. There are media reports, love Bili collagen drink is actually no buildings, no R & D OEM products, was commissioned by the Shanghai grape production of Wang Corporation.


For a time, Public opinion is seething with indignation. Jimmy Lin questioned the propaganda "inverse growth" collagen products to deceive consumers. At that time, Jimmy Lin's agent, we find Zhu Xiaolei, at that time, Zhu Xiaolei and Jimmy Lin not to sign the agency agreement. But before that, Jimmy Lin's agent, because of personal problems, was commissioned by Zhu Xiaolei, a satisfactory legal services for his offer, and revealed that Jimmy Lin will be back soon show business, will face many legal issues, want to hire him as a private attorney. "The agent said, legal problems after Jimmy Lin, want to do to me." Zhu Xiaolei memories.


When Zhu Xiaolei Jimmy Lin's personal lawyer, questions are treated as "fake specialist" fang. Zhu Xiaolei advised Jimmy Lin not to rush to clarify or retorted, "we need to do some preparation". On Zhu Xiaolei's advice, Jimmy Lin convened the expert product manufacturers, health care, health systems group at the first time, questioned whether reasonable argument fang. The final question for a party, Jimmy Lin put forward five major response, December 18th at a press conference.


"Private lawyers should do what, not encountered infringement, immediately start the case, many times not to fight will solve the problem. To engage in a lawsuit is not necessarily beneficial, private lawyers should consider the overall." Zhu Xiaolei thinks, the principal problems, private lawyers blindly response would run counter to one's desire. "Private law provides a comprehensive legal services in particular, should be clear, private lawyers in the service process, not only for the cases, but also on the whole event to grasp."


Jimmy Lin questioned the handling of the incident, Zhu Xiaolei chose for the entire event process control, rather than blindly pursuing litigation effectiveness, this makes "Jimmy Lin event did not continue to expand".


Like many of the industry's lawyer says, private lawyers is actually a "personal", "Butler" fine legal services. Good personal lawyer can become a part of the family, serve the overall interests of the service object.


As an attorney in private practice

Beijing earth law office director Li Huaguang said, China existing"Private attorney"All imports, derived from the earlier mature legal system in Europe and america. Lawyers on the generalThe definition is, the principal person hired, long-term to provide answers to legal questions, the legal consequences of the principal evaluation, legal risk assessment, legal affairs and other service agents lawyers.The private attorney general has strong trusting relationships with the client, the client's property status, economic behavior, intention, more familiar, so private lawyer must have a duty of confidentiality to more stringent, perform the duty of loyalty is more strict.


From the report, one of the earliest private lawyer business began in 1987. In those days, lawyer Chen Xu to accept Liu Xiaoqing, as his personal lawyer. After this, setting off a burst of star please private lawyer, boom, including the famous musician Hou Dejian and others have hired a private lawyer.


"But China traditional culture determines that we did not use the law to solve the habit of things around them. For example, ill, will think of going to the hospital to see a doctor; the idle money, will think of looking for local finance; in case of any dispute, just want to find a good lawyer." Li Huaguang said, private lawyer, though in the last century eighty's have appeared, but has not formed the scale.


Li Huaguang said, in China, legal services to different groups of people demand is not the same, private law is applicable to all population is also worthy of consideration,At present, more than middle-class people are suitable to hire a private lawyer. YesFor ordinary people, spend a small amount of money, don't cut in service quality, to find a suitable lawyer and solutions on it; in the middle class and above the crowd, they asked the lawyer will be higher, demand will be more frequent: on her working life affairs need to secure privacy requirements, osmotic demands for legal services at any time, to need legal advice that can get a satisfactory response timeliness requirements, and the stability can be long-term cooperation between the request and so on, these goals, only hire a competent private lawyers to achieve."


In the process of the development of domestic private lawyer, can detect, private lawyers audience started some star little, then is the rich and powerful, the audience on the increase, are also expanding the scope.


However, as a private attorney Liu Xiaoqing beach goers upsurge, the swift and violent development does not seem to directly stimulate private lawyers service. From media reports, as of 2004, the domestic private lawyer is still "partly veiled" state, will not, despite sporadic cases, but no complete feature. However, 2004 was a turning point, this year, the word "private law", the first high frequency to appear in public view.


"A yuan of law" is the embryonic form of domestic private lawyer

In May 29, 2004, performing arts star Pan Changjiang came to Beijing, Kyoto firm, to the field of Wenchang, Yang Damin two lawyers awarded life-long legal consultant, hire them as their life-long legal consultant. Pan Changjiang was the first to employ personal lifelong counsel Chinese star.


Yang Damin says, begin from 2003, the entertainment circle is constantly star "scandal", the infringed things often happen, in this context, Pan Changjiang decided to hire him as a private lawyer. Soon, Yang Damin in Pan Changjiang and some artists "light buttocks Doll" MV authorship disputes, Pan Changjiang successful adults.


Through Pan Changjiang's aura, Yang Damin immediately became famous, some of the top figure in the entertainment circle, culture have hired him as a private law, including the first China ad Ye Maozhong, Shizhongshan famous writer, has Chinese entertainment called the godfather of Wen Shuo, actor famous writers, Jin Qiaoqiao Kamo etc..


Once again set off a "private law" heat, various model makes some lawyers and law firms began to seek private counsel development. "Emerge as the times require a lawyer" business model. By the end of 2004, Shanghai based Foreign capital company Zong Cheng Enterprise Management Consultants Limited launched a service to the society: the membership fee as long as people pay 1 yuan a day (enterprise 6 yuan per day), can be in the unlimited consultation purchase, car, heritage and other legal affairs; in hiring lawyers litigation, drafting a contract documents and other legal affairs, members can also enjoy certain preferential.


In fact, "a yuan of lawyers" mode of operation and the strict sense of the private law are very different, such as private law is the customer to consult a lawyer and fixed, "one law" is to consult a firm, but industry lawyers think, "a yuan of lawyer" is actually "the first prototype of private law" in the Chinese.


The concept of "one law" was launched at the beginning, the country "a yuan of lawyers" blossom everywhere.


By the end of 2005, Beijing city law and law firms and other 30 firms signed an agreement, jointly launched the lawyer membership service. The public an annual payment of 388 yuan to buy a family law guarantee card, can be provided by the 30 firm year free legal advice, equivalent to more than one yuan per day.


Since then, Guangzhou, Dalian, Chongqing, many parts of the country, "a yuan of lawyers" planned staged. Up to now, "a yuan of lawyers" marketing mode still exists.


Implementation of most "a yuan of lawyers" plan also know very well, provide legal consulting service is not the goal, the more important source of income will be the service of litigation and non litigation business.

 

The current private lawyer service is a kind of luxury consumption

"To today, private lawyers in the China, although the concept is clear, but actually be quite different with foreign practice. Carefully observe the private lawyer business in China, the biggest problem in the positioning of the private lawyer." Began to study the private legal business 4 years ago from the pangbiao law firm lawyers Pang Lipeng analysis, handed down by "a yuan of lawyers" ideas, most advocate private lawyers groups or website, in as much as possible to the private law into a "legal service home" "people first" form, pay attention to the legal service mode, the parties to reduce legal costs, will be all kinds of legal services for sale.


"Of course, this form of legal service is very good, can use the law to help more people, is to find a lawyer, legal services, but also just prototype and started private lawyer. Legal services such as legal services, common in essence no different: subject, lawyers still face cases; client buy services, is based on mutual unfamiliar."


Pang Lipeng think, the real meaning of private law service is a kind of luxury consumption, service to go high-end route. "The high-end, not only the money, but to have the concept and service mode of high-end.In a private lawyer, lawyer for his client service orientation, should have clear and mutual recognition service concept."


4 years ago, Pang Lipeng began offering private lawyers legal services for Chinese Americans, playwright well-known film Kuang jianren. Kuang Jianren was America western media group president of Limited by Share Ltd, is also a veteran of the television program planning, producer, in 1989, he created the first of the "one country two systems" as the theme of the TV drama "hostess", also known as Chinese 'from the city began to love' youth idol drama first, won the state 'flying award' awards.


"As Kwong old private lawyers, legal issues encountered in his life is all I care, even the problem home stolen, lost passport." Pang Lipeng to the "radius" reporter said, Kuang Jianren finished each one works, will be the first time to send Pang Lipeng to the works of copyright registration. "Some important negotiations, I will present, such as shooting" rescue "negotiations with the Ministry of railways, after talking, I establish the memo, and then to Kwong old comments, see whether provide contract, contract drafting."


In 2013 August, Kuang Jianren suddenly died in America. "Cooperation for many years, Kwong old died suddenly, very sorry." Pang Lipeng told the reporters, Kuang Jianren died and left behind a dozen unpublished works, including "Coffee girl". "This is a can with the Hainan special economic zone is a good resource of grafting script, Kuang Jianren died before working with the Hainan red film and television culture and arts promotion talks cooperation, also want to create a chain Coffee museum business mode to 'Coffee girls' name." Pang Lipeng said, due to the Kuang Jianren years service relationship, Kuang Jianren died after his family still hired Pang Lipeng as a private lawyer, the Kuang Jianren continue handling affairs including "Coffee girl" business model.


"Now hiring a private lawyer, or the star, star." Pang Lipeng said, the private legal counsel for the individual, the basic charge is five to one hundred thousand a year, if related work outside the scope of business lawyers, according to the calculation of working hours, about one thousand yuan per hour. Private lawyers fees, for the majority of Chinese is unacceptable.


"Private attorney services differ from man to man, not everyone needs to raise a private lawyer." Chen Xu said. In 2008, Yang Damin also said the analysis,High income, high visibility, high risk, "three high population" is the main object of private lawyers service.


Reporter investigation understands, at present the high net worth individuals (high net worth individuals generally refers to the person may invest assets of more than 6000000 RMB) and family, the new rich class (the new rich class private legal service is another important service people,Mainly includes: enterprise management personnel, professional and technical personnel, state organs, institutions of the cadres and the fashionable white-collar class four groups, belongs to the medium income crowd) after the star jorum after becoming the main private lawyers service object.


The new rich class into the wealth of life time is short but highly educated, high consumption, high sensitivity of the "3H" feature,Is leading the consumer trend and influential people. Shanghai some law firms have introduced specifically for white-collar annual private legal services.The new rich class 3H characteristics of the decision they gradually upgrade from the realm of disposable legal service simple security legal requirements, such as personal risk management, portfolio management, estate planning, debt handling etc..


In the new wealth groups, there is a part of enterprise executives and shareholders. This part of the demand for legal services, many places need private lawyers give advice and suggestions. But the reporter also learned that, in China at present, business executives or shareholders hire private lawyers who can be counted on one's fingers. "Almost all of these people in the legal adviser of the company as their own private lawyer."


In the view of Chongqing Jin Yang, director of law firm Duan Maobing, enterprise legal adviser is impossible, to meet these people's individual needs, can be described as "be beyond one's grasp", later, these people will realize the importance of private lawyer.


Private law into your life

Future domestic private law service market space is large, as lawyers have been concerned about the problem. For this problem, the industry also is not a.


Like most lawyers believe that, China private lawyer mainly concentrated in the high-end crowd, according to the report, Chinese high net worth individuals and families is increasing year by year. In 2012, the Swiss bank issued a wealth report in Shanghai. The report predicts, the number of China high net worth individuals will increase to 1460000 in 2015, the wealth amounted to $9.3, "this is China's high-end private lawyers market a huge service space."


Shandong vice president of the Weihai Lawyers Association, director of law firm Wei Haiwei Jiang Huali is very optimistic about the medium income crowd private legal service market. Jiang Huali think, along with the frequent development China economy and foreign exchange, the development prospects of private lawyers will become better and better, will be accepted by more people. From the beginning of 2000, Jiang Huali led the Weihai Wei law firm, exploration, development and the development of the private lawyer business, after years of efforts, the market has gradually expanded, Jiang Huali believe that more and more people want to have their own private lawyer.


Beijing Huacheng lawyer office director Zhai Xuemei said,In the long run, the development prospects of the private legal service light. But, she said, this business growth rate depends on the law of our country social development speed, only when the law truly become the guidelines for social life, even is the only criteria, then the citizens to avoid disputes or disputes can only rely on the law, after relying on law, private law business will increase. On the contrary, if our society, human society is still the power, people used to find "and" service ", to find people" flat, then the law and lawyers often become the final choice. In addition to the individual legal consciousness is stronger, or because the reason or experience some of its special, there are often demand for legal services, the vast majority of citizens will not take the initiative to buy private lawyer.


"According to my experience more than 4 years of private lawyer, private legal service market will be very optimistic." Zhu Xiaolei for example, entertainment industry in particular, performing arts star in addition to legal problems and performing arts related, have begun to private lawyers into your life.


"Performing arts star Li Chen is one of them." It is understood, Zhu Xiaolei as Li Chen's personal lawyer, in addition to conventional rights some artists, but also help the Prophase Project handle bar, restaurant start transaction. Recently, Zhu Xiaolei is helping Li Chen rights crackdown.


Li Chen investment management company as Europe Yunchen Lavender bear sole Proxy Companies in the country, not yet in its sale of products, online stores began selling pirated "Purple Lavender bear", similar to the Tasmania cubs for trademark, australia. "Recently we'll sue." Zhu Xiaolei revealed.


"Let consumers see private lawyer roles in life, private law service market will be more and more fire." At present, Zhu Xiaolei every year for four to five private legal consultant contract.


Pang Lipeng summed up the6 types of people the future need private lawyer, namely investment, asset type, type, type, celebrity external knowledge and Technology (patent, copyright, executive type).


"I mainly in the provision of private lawyer for some foreign people, such as a stranger in the field, foreigners in China crowd." Pang Lipeng told the reporters, legal service in China has fine differentiation trend, a private lawyer service is adapted to the special legal needs some specific groups.


Beijing pangbiao law firm director Pang standard also think, the future market space very private lawyer. "Now lawyers say professional, private lawyers also need specialized, professional direction is not criminal defense, civil agents such as a field, but a comprehensive business training, in addition to the civil agent, criminal defense, marriage and family daily business, but also have wide connections, to satisfy the private lawyer groups are not up to the more subtle demand of legal services and social needs special field."


"'private lawyers' hospital' should be similar to the first doctor 'or' GP ', which can accurately determine the legal issues facing customers which belong to the field of private law, most problems can be responsible for settlement, but some professional strong problem should cooperate to seek related fields of professional lawyers, from this meaning speaking, a comprehensive law firm to carry out the business will have a certain advantage.But this is a new field, the newly established law firm as a main business, also is a good market entry point." Zhai Xuemei said.


The Pang standard was unfortunately, our current concepts of private law does not clearly defined, nor the culture of private firms or related system. "Hope for the future of private lawyers can really become a new field of expertise." Pangbiao said.