Editor's note: in July 28, 2004, Zhu Shuying was invited to the Yunnan Yuan Ye law firm for business communication. Yuan Ye is one of more than 60 practicing lawyers have a certain influence in the southwestern region of the. The lawyer according to Zhu's speech recording finishing the exchange cost, and published in the proceedings of the second year period. After Zhu lawyers I modified reprint this article, readers.

Very glad to have the opportunity and Yuan Ye colleagues exchanges, I was deputy director of the National Commission on Civil Service Association, director of real estate business. The Commission is also a real estate forum, I was the director of the forum organizing committee. And we study on AC lawyer business, this is my responsibility. I mainly talk about three issues.

A, lawyers and law firms and professional
        
     Now many law firms in the discussion of professional, I think the specialization is not only firm specialization, is a lawyer of specialization. Our development by all the lawyers, only this one major city construction, including construction and real estate. As a firm, we all can be said that in the real estate business is more professional. In this case, the overall advantages of specialization firm is conducive to individual lawyers quickly embarked on the professional road. On the other hand, the key to a law firm specialized sometimes lies within the individual specialization. Often the case, because there is a very good professional lawyers to firm the hand of specialization. A lawyer is accomplished in a certain area, after he joined the firm, constitutes a priority to his profession, which is determined by the individual lawyers decided the firm specialization. Because the law firm is a professional knowledge of law, thus not only firms and partners to consider professional, is composed of the whole office lawyer personally, you consider yourself to be a professional lawyer. The conclusion is, with two active in solving the firm specialization this question must be: one is positive, the firm partner; two is the enthusiasm of lawyers. So, my first point is, lawyers and law firms should give play to the initiative of the problem in the professional, also is to play two enthusiasm.
     We are building the real estate professional characteristics, also reflected in the firm sector settings. According to real estate development process, we will be the main business office is divided into three part: specialized in the early development of the land and real estate department, specializing in mid construction building construction and Housing Department and is responsible for the late sales, leasing, property, mortgage and other aspects of the financial property department. We are now in the professional service encounter problems because we provide legal services for developers and contractors, however, firms cannot also entrusted to relative people of both sides, customers often fight in here "". Some professional and foreign law firm, they do only one field or only developers do business, or just do the Contractor's business. Such as the construction industry is one of the best international law firm -- Mesens of Britain, just do the Contractor's business, their professional and more narrow, but fame, international lawyer industry also said that Mesens provides services to building engineering is the best.
     Of course, in our real building where the real estate can be said to be more professional. All 28 full-time lawyers, except lawyers Title outside people more than half of them, and other professional titles, 2 senior engineers, 2 senior economist, 10 economists, 3 engineers, 1 registered supervision engineers, 1 registered accountants. Can be said that the law of specialized personnel is also good, but, compared with the US in a American lawyer business encountered, the specialization of our really is not worth mentioning. The construction of the Shanghai Pudong International Airport, by what we assist the municipal legislative affairs office provides legal services, in the construction process of command wants us to provide legal advice on Engineering Insurance: do you want to buy insurance? How to buy insurance? What kind of insurance premium is low and the service is good?...... To be honest, we can not say much, although we have some practice, also gave some advice.
     Then we through the Shanghai Jiao Tong University "insurance forum" magazine, found a German open in Shanghai match the Vic engineering insurance Broker's Firm, he recommended a America lawyers to introduce international airport insurance how to do, America lawyer round-trip travel and accommodation costs borne by the German company, because the insurance Broker's Firm to collect relevant fees from the insurance company, without the client pays the cost, this is international practice of insurance broker industry. America lawyer, he is more than our professional lawyers more professional, he's only international airport engineering insurance a professional business, other all don't do, he is expert in this area. He made a lot of International Airport to buy insurance: to buy insurance, do not buy insurance, scope of various sizes, accident treatment methods are different. I feel he is very familiar with the line, very deep research in this field, heard much inspiration. This is a professional lawyer. Can be said that his money is not, which is a international airport investment is not at least hundreds of millions of dollars?!
        
     The America lawyers also presents a case: a German city of new international airport fire near completion, loss of $two hundred million, but due to buy insurance when additional expected profit risk, so the airport expected profit loss by the insurance company responsible for compensation. The strategy we originally don't know, but if you can help the client think like that, the principal of course that lawyer. And we know that, if the trustor and the insurance company if the dispute over the compensation, also need a lawyer, the lawyer business in this industry is the continuation of the. Listen to the American law classes, we deeply feel: the more detailed division of labor, the more the way.
        
     In addition, determine the specialized division of labor is worth studying. Where to? International Airport Engineering insurance such as said earlier, this point is very good, this is a small but promising breakthrough point, at this point, the lawyer business nature more fine, but if you become an expert in this field, it will have Everfount professional business. Engaged in professional lawyer should good good study, learn from experience. Now many law firms introduce their own real estate, but also the financial, securities, also good at maritime, patent and so on, what are good at equal to what is not good at. How can the words at the real estate easily say? Such a wide range of real estate, how likely are good at?! Yuan Ye lawyers are very young, can set a goal and plan, after 5 or 10 years, with one or several lawyers led, into a professional, become an expert in this field. As long as you become an expert, who sat in the house will have to come looking for you.
     We have to do the whole process legal services of this point, the business is very interested in, in the service process will encounter many problems. Preliminary estate development, first of all have planning permission problems. State control of the real estate from the beginning of planning, planning permission is the lifeline of the real estate development, including location of license, land permits, building permits, to planning and management. Not only the administrative litigation involved here, but also to the real estate development change degeneration. For example, the state-owned land into land, this is the degeneration, planning should investigate if you have permission to use the warehouse location; change to engage in residential real estate developers, this is variable, is also planning to review your land use permit. This "planning permission" involves a lot of professional issues. So we have in the past few years have been in training the talents, who is interested in the issues of planning permission, encouraged him to do in-depth research.
        
     We have a deputy director, he was as a lawyer from the real estate bureau, he focuses on the aspects of the problem. After several years of efforts, I think now he had become a master, he has done more than fifty land planning aspects of the case, there are many is the subject is not a small case. We have had to do a planning case, is a super wide part of all demolition case: project construction are 22 metres high, there is 30 meters, 8 meters above the housing volume over 0.76 metres wide. Finally, the Planning Bureau punishment decided to dismantle the super high, super wide part of the building, the court also ruled that the demolition. Cases involving the civil rights and obligations between the administrative rights, obligations, rights and obligations of administrative and civil cross. The study found that, this kind of case and some can play the administrative litigation, some can play in civil litigation, but also solves the administrative problems through civil litigation, which requires the leaders of a highly professional. And as a professional demolition in the land lot, demolition compensation issues are involved. Now, not only the real compensation, to give compensation. After 1 November, real estate, demolition compensation according to the regulations change, land auction, the premium on the rise, relocation costs are also on the follow up, the general housing prices also rose. This policy will be soon in Yunnan, so interested lawyers can be in-depth study of this aspect of professional.
     We have also devoted to the study of engineering claim lawyer. The scope of this field is very large, can be said to be the golden hill. Engineering claim is an international practice. The whole contract contractor market strategy is low bid, Qin visa, high claim. The low bid is the result of intense competition. The performance of the contractor countermeasure contract process is often a visa, visa is to claim. So the claim of project will become a big problem. One of my assistants is devoted to the study of engineering claim, he has certain advantages, because he is a master of wood engineering of Nanjing Southeast University doctoral student, science is the contract management, master's of Engineering claim. At university he qualified as a lawyer, after a two-way choice to join us. He has a set of complete theories of project claim, but I told him: "your theory must be combined with the actual in practice, so that they become practical basis, this requires a process, in the practice of a large number of professional terminology claims people don't understand, to put the theory into the practice of thing at least to 5 years. After graduating from university into a lawyer to freely use his theory to guide practice must go through this process." He is now doing.
        
     I mean firms more people, more to select promising professional point (specialty), to achieve a breakthrough in the point, in order to drive the development of the law firm. Real estate is a comprehensive industry, are related to land, the financial sector, with many, identify promising part of the point of breakthrough, after three five years is likely to become a professional lawyers in this area.
        So I want to emphasize: professional firms must have a professional lawyer, every lawyer should have their own professional and plans for the development of professional. 
        Two, the specialized division of labor and market demand
        
     We are facing the real estate market is a comprehensive market, can be divided into a number of small market, subdivision of the words have the construction market, land market, the sales market, the rental market and so on, and the legal services market, our lawyers in this market. This market by lawyers and service objects, two corresponding sides, so lawyers to study the legal services market. We all know that a market by market subject, object or the subject matter and the rights and obligations of both sides, we have to study what do you need? What can I do for you?
        
     Governments at all levels do not become the main body of the market, the main function of the government determines the market guide and control (oriented control), the government should violations investigated and dealt with in the market, the government has the corresponding demand for legal services, we can make the market as the government in this regard the government violations punishment affairs to provide legal services; and when the government as the main body of the market to invest in the market, will have the government itself as the legal demand of market main body. Such as the Shanghai Pudong International Airport is the biggest engineering City Hall investment of about 13000000000, produced a series of legal problems in the market, the airport construction headquarters to sign the contract as the main? With what method makes it the main legal? Legal issues so produce; to the signing of the contract will be negotiated, legal problem again, legal service requirements also produced. Therefore, the laws of the market determines if the government, as the main body in the market relations will also have the legal services. Another example is the Shanghai City Bureau of justice as a government department, in the process of construction of Shanghai politics and law building has also met the demand for legal services. The project will encounter a lot of legal problems in the bidding started, so we all had to provide legal services to its. The government is one of the market main body, as a civil subject or the administrative law enforcement main body, have legal services. Notable is, provides legal services to the government, impact than for other customer service caused by the influence of many times. Case of administrative punishment we gave Shanghai construction management office a and undocumented design to provide legal services, from material analysis, to determine the evidence, the drafting of the written decision of the administrative penalty, and a second case by our agent. After the completion of the work, the construction is very high to the service evaluation of our. Then, East China Architectural Design Institute also specially find us, we do hire legal counsel. The government department in charge of construction industry is that they trust us, of course they should trust us.
        
     In addition, our main customers are in the building in the field of real estate developers, contractors, they each have a large demand for legal services, they constitute the legal service market contracting large; developers, sales people constitute the largest, the largest number of market -- market trading market. Market there are a lot of people buy a house to ask a lawyer, this also is a kind of market subject. In Hongkong, many lawyers more than 90% of the business from the real estate market. In the process of trading, the market level, two level of market, market of the three transfer business, need a lawyer to provide legal services, therefore, the housing transaction is our lawyers in the real estate industry and the legal services market.
        
     The government, developers, contractors, owners are our service object, study the market demand is a lawyer service location. Our law firm located in where, on the whole, the service market positioning should be combined with the market demand.
        
     I think, from the analysis of the problems and the main demand of real estate market, should be the main business location in real estate law and contract market. Real estate should be the main direction. Real estate not small scale development, real estate scale are great. I have been for 540000000 yuan in Shanghai City, the largest real estate cases, is the land development in the process of investment disputes. As such, wild with considerable size law firms, selected as the breakthrough point of the market demand is very important. To study what the market is promising, and then determine the development focus. On the other hand to various case studies of potential business market, especially some of the usual we are not familiar with the area. For example, new business legal services for the transfer of real estate development projects is very worthy of study. As the Yunnan market environment, I think in the next period of time will increase the number of such operations should be. In the project in the process of transfer, the transferee needs a lawyer investigation of land transfer plan, analysis of feasibility, this is reality, significant demand for legal services.
        
     I hosted a case, I think it is a case of his lawyer's most successful occupation. Simply introduce the case: This is the complex case of a real estate project involves the transfer of Shanghai construction group, the Shanghai Municipal Higher People's court trial, affirm the behavior contract for the transfer of real estate is conditional, conditions are not met, transfer contract is not in force, to my party construction group undertake returns joint and several liability about 60000000 yuan. Case appealed to the Supreme People's court, my agent in this case is the result of the qualitative change, that the effective transfer, joint and several liability does not hold. In this case, the problem is more complex, the solution law theory is the most basic is the key to this case: what is the transfer of civil rights and obligations? What is the real estate development projects in the transfer of rights and obligations? The transfer process is conditional? Whether the conditional behavior can change? What is called the conditions for success? A lot of problem complexity is the basic theory of civil law in the real estate industry, and not to study and solve new problems in these markets, it will be difficult to achieve a breakthrough. I was in the original "Chinese lawyers newspaper" published "a case of real estate of a few basic theory of civil law" article, in this case the relevant legal opinions about expression of the transfer of the project. Then the case is the Supreme People's court in the "real estate case selection". This case shows important lawyer business and market demand exists in the real estate transfer projects in the field.
        
     Here to talk about construction project contracting market. At present, the contracting market is chaotic, it mainly displays in arrears, the national construction enterprises are in the works, has reached the astronomical figure. Display at the end of 1999 national survey, in engineering, about 370000000000, to may have more than 500000000000 by the end of 2000. Through the investigation of 80 typical construction enterprises throughout the country, is in the works is as high as 20 billion. Shanghai Construction Engineering Group A, 1999 was the payment in arrears more than 40 hundred million, by the end of 2000 has been more than 5 billion. In recent years, arrears not only failed to ease, but increasingly. To solve the problem ultimately filed a lawsuit, analysis, the 500 billion about 30% is difficult to come back, because the construction unit has its own fault; the remaining 70% is 350000000000, of which 10% have assumed the lawsuit condition, it is 35000000000, the 35000000000 lawyers fees, please count, foreground is very attractive. Last year, this year we have a lot of business income comes from engineering disputes.
        
     Objectively speaking, there is a large demand for legal services in the real estate market, our lawyers don't have enough time to study, not to go to open up. But these service requirements are not litigation, most are non litigation, is to provide the services in the process.
     Here, I talk about our service idea. In fact, one does not want to illegal mature real estate developers, he wanted to protect their legitimate rights and interests, need to objectively he had legal services, will need a lawyer with his project to the development process to provide services. But many people have to wait until the lawsuit lost, only regret I should ask a lawyer to see the contract, must wait until after the suffer to know, if a lawyer to point out problems, this is the status quo. To nip in the bud, can prevent possible future omissions in the development process, so to develop process of legal services, we must first develop their consciousness, legal awareness of the need to develop the developers.
        
     It can be said that in the contract field, contract's legal consciousness is strong, our business has many wide. Although he paid a certain legal fees, but if his exact words he will know, many problems as to avoid him, not only did not suffer, but earn. This is our own business location in providing legal services for their cause. The developers of this demand, but he does not have a strong consciousness, or that we did not go to the development, also did not help him to develop. There is a way, we can help him find a typical analysis, developers, we help him make a free market survey, let him put the case materials within two years all gave us help him analysis, have a look the reason why he always lose a lawsuit. The key is to see his contract, tell how many problems, each of his contract in one one lists, make a comprehensive analysis. We've done the work. A company two years in 17 cases, the contract null and void ratio of 59%. Our analysis to tell him, contract management you have problems, there are problems in the signing of the contract quality and performance quality. The boss a fright. I said, we can give you a prescription, to provide legal services for you to standardize enterprise contract management, which we call "contract system management services".
     Contract management is a systems engineering, integrated engineering, enterprise many work links are related to the contract, we must strengthen the enterprise contract management. How then should manage? Should carry on the management according to the existing problems, this is real. Your enterprise contract management approach is problematic in itself, you don't have to. To pipe to longitudinal tube end, transverse tube to the edge. We give the company provides four services:
         1, revise and improve the contract management approach their;
     Text of contract 2, help them to draft specification of frequently used;
     3, help them train with all employees involved in contract business;
     4, establish a mechanism, prevention of contract management personnel to use to sign the contract right of corruption and bribery.
        
     These four methods to solve the contract quality and performance of the contract quality problems, is a service -- non litigation process service. Must have control of the entire process of real estate development, a lawyer shall provide wholesale services, can not be satisfied with the retail. Should according to the objective demand of project development, provide a process, a process, or even a whole process of legal services. Service mode should be a process of service and the whole process of service. If the service of process, the process of a phase services, such as pre service development of the land, from the land of argumentation, negotiation, to do a land use certificate, this is a period of service. If you do, you satisfied we continue to do so. Other such as engineering construction, property sales are also a process, is a mass. Because the parties objectively exist legal service quantities of demand, we should study and to provide legal service quantity.
        
        Three, how to improve the lawyer's professional quality
        In order to improve the lawyer's professional quality, we have generally focused on three specific methods:
     The first method is to strengthen the practice of law research. To study the legal opinion is adopted, or the experience of being negative, writing case analysis, and the classical communication in lawyer business case study, showing in the peer.
     The practice of lawyers to great extent, is in fact the case study, the handling of the success and failure, gain and loss. Many of our lawyers are often the case when, filing up, the lack of postmortem analysis summary. Analysis from the practical case is very important, to sum up experiences and lessons, infer other things from one fact role. We encourage lawyers out class, publicize the law, so the case analysis is the best material, because it is their case, the easier. I in May this year, published a Book of more than 40 words of the monograph "construction law practice", which collect I hosted the 18 all kinds of professional case, after publishing, reflects the very strong.
        Therefore, we engaged in professional services lawyers, all according to his own practice, practical research.
        
     The second method is to mobilize, encourage lawyers write professional papers. Professional specialty paper, thesis driven specialization. We ask every lawyer at least annually to write two papers, a story about the architectural engineering, an article on real estate. This year we have asked of construction is the theme of the project compensation, real estate is the subject of commercial housing rental, the content of the thesis can be combined with the case, theoretical analysis, strengthening management and so on, can explain their views from all angles. The advantage of this approach is the lawyer's professional level will increase as the researching and writing paper and improve the. The paper can be regarded as a sign of specialization and embodiment, so that customers trust. This year, the National Lawyers Association in Dalian civil committee annual meeting, group of 130 papers received, we will provide 13, accounted for 10%. This is the beginning of layout after months of work completed. In recent years, we have every year there are many papers, but the quality was generally praised, which formed the sign professional. Conversely, in order to write papers, lawyers should pay all efforts, lawyer business ability and level will be improved.
        
     The third method is to the professional class. Now I had not less than the volume of business. Chinese Construction Corporation is the construction of one of the largest enterprises of the year 3400, as a project manager organization three days of intensive training. I speak for a day and a half in each period of three days of model contracts and project cost of the training class, at present about seven times, each time for about 300 people. In addition to lecture around the office building, building industry association, the association of construction cost and well-known enterprises. Because I speak more realistic, so listen to class people have business to come to me. The class is the key to make people feel there is reason in what you say, let others trust you, so as to achieve better results. The more you have the right to speak on professional issues, the degree of specialization of your higher, it's obvious. I lift my example is included to illustrate the lecture is expanding lawyer business best, this is a the best advertising. According to the specific object, such as the legal department of the enterprises, the cost of department, enterprise boss, they have a different problem, you can use different classes to help them solve.