China Business Daily (Qu Wenlin, reporter Zhiwen) "The "Opinions on the Development of Foreign-related Legal Service Industry" issued in 2016 clearly proposed to provide legal services for major national development strategies such as the "Belt and Road", provide legal services for Chinese enterprises and citizens to 'go global', provide legal services for the overall situation of the mainland's diplomatic work, and provide legal services for combating transnational crimes and recovering fugitives and stolen goods. Recently, in the theme activity of the "Belt and Road" Legal Professional Committee of the Shenzhen Lawyers Association, Wang Qiang, a senior partner of Beijing Jingshi (Shenzhen) Law Firm (hereinafter referred to as Jingshi Shenzhen Law Firm), elaborated on his personal "portrait" of foreign-related lawyers: "Political reliability, legal proficiency, and excellent English are the foundations, in addition, it is necessary to rely on years of experience to do a good job of communication and coordination between all parties, and strive to obtain the understanding and cooperation of customers and even the other party, so as to promote the effective and timely resolution of legal problems." ”
Wang Qiang, senior partner of Beijing Jingshi (Shenzhen) Law Firm. Wang Jieyu/Photo
Foreign clients praised Wang Qiang's professionalism and integrity. Jingxuan/Picture
Wang Qiang believes that being a lawyer is a profession that requires continuous learning. Wang Jieyu/Photo
The pennant given to Wang Qiang by the party was hung by him within the range of his head-up, so as to motivate himself to keep moving forward. Jingxuan/Picture
Wang Qiang's foreign-related legal product project won the second prize of the first Guangdong Province foreign-related legal service product. (Photo provided by the interviewee)
Wang Qiang participated in the community public welfare law popularization lecture as a party member volunteer. Jingxuan/Picture
Arrangement
Forge a keen sense of law
It is understood that before engaging in practicing lawyer, Wang Qiang participated in the pre-investment and financing of large-scale infrastructure project development and EPC project general contracting work in countries along the "Belt and Road" such as the United Arab Emirates, Pakistan and Indonesia, as a commercial engineer and legal manager of a central enterprise, and selected and coordinated local employees in the country where the project is located, and hired local lawyers, certified public accountants, tax agents and other third-party consulting institutions and partners to jointly complete the project legal due diligence report and preliminary feasibility study report.
Wang Qiang said: "Since the mainland formally joined the World Trade Organization at the end of 2001, China's economic development potential has been greatly stimulated. As far as the legal service industry is concerned, in recent years, with the continuous growth of foreign-related economic activities, especially the in-depth promotion of the Belt and Road Initiative, the demand for relevant domestic and foreign legal professional services has increased exponentially. After graduating with a master's degree in economic law in 2014, Wang Qiang directly entered the central enterprise to engage in international business, legal affairs and comprehensive foreign-related project management, from overseas business engineer, lawyer of central enterprise company to legal counsel of large private enterprises, and then to practicing lawyer, senior partner of Jingshi Shenzhen Law Firm, for more than ten years, he has been based on his own professional ability and rich practical accumulation, and has worked hard to do a good job in various legal businesses, seeking basic rules and solutions in the constantly updated policies and laws at home and abroad. Business innovation drives stability, broadening, deepening, and elevating.
In Wang Qiang's eyes, taking advantage of momentum is the basic ability necessary for professional legal workers. On the basis of being familiar with the development trends, policy orientations and latest laws and regulations of the mainland and the country where the project is located in recent years, legal workers give guidance and prediction, clarify the trend and direction, and flexibly apply it to the internal legal and commercial operation value system.
"Follow the trend and get twice the result with half the effort, and move against the trend with half the effort." Wang Qiang shared his work experience in a clean coal-fired power station project in Dubai. It is reported that at that time, as the overseas resident representative of the central enterprise, Wang Qiang served as the company's legal business manager and compliance specialist, not only responsible for the establishment and management of overseas branches/subsidiaries and offices, drafting, negotiating, signing and supervising the performance of domestic and foreign contracts and agreement documents of the company's headquarters and project department, but also participated in the specific work of project civil engineering, installation, operation and maintenance, and connected with related parties such as investment and financing, project general contracting, etc. At the same time, Wang Qiang maintained close communication with the local government, the owner, the agent, the supervisor, etc., and worked with the engineers and employees of other project partner companies to jointly promote the high-quality construction of the clean coal-fired power station project. Because of the wide variety of businesses and the diversity of working methods, a clear stance and strong comprehensive capabilities are indispensable.
Wang Qiang said: "In the five years of working in the overseas international engineering projects of central enterprises, I have built a set of experience mechanisms for myself from the construction of a macro globalization and international legal framework to the micro of different countries and regions, and the specific implementation paths of different legal issues, which have determined that lawyers should not only have insight into the details of legal business, but also focus on the development of trends to make reasonable plans, and flexibly grasp the ideas for handling cases with favorable conditions for service parties." ”
Wang Qiang believes that if you want to make a wise choice, you must work hard to practice your internal skills, accumulate steadily, take advantage of the situation, respond to the situation, and make timely and rational judgments.
Myeongdō
Form the core of professional productivity
In recent years, more and more enterprises or individuals have entrusted legal risk control work to institutions with overseas work experience and professional foreign-related lawyer teams.
"For clients, the lawyer's job is to solve problems in a timely manner and provide realistic solutions and guidance on the premise of meeting the current needs." Wang Qiang said that every time he accepts the entrustment, he will fully communicate with the parties, understand the needs of customers and the details of the case in an all-round way, make a legal risk prevention and control plan in advance, and play a good "first move" to win the "key game".
Wang Qiang emphasized that to do a good job in legal services, we must first "understand the way", and "Tao" is the concept, law, rules and principles. "Enlightenment" is to determine what principles to grasp and what litigation strategies to adopt on the basis of conforming to the direction of strategic development and the current situation and policies.
"Maintain awe, treat people sincerely, and be professional and responsible" is Wang Qiang's consistent work attitude. He said: "The lawyer industry has developed rapidly in recent years, there is no shortage of smart and hard-working peers, not to mention people with ability and resources, to be a lawyer worthy of the trust of the client, we must respect the law, respect the facts, be sincere, serious and responsible, and finish well." ”
On the wall of Wang Qiang's office are pennants sent by parties to different cases, one of which reads: "Dedication and integrity to solve worries for the people, and legal defenders are of noble character." When a reporter from China Business Daily asked about the reason behind the pennant, Wang Qiang told the story behind the flag and shared the experience of successfully handling the case on the premise of protecting the client's personal information and privacy.
A few years ago, a Chinese employee was illegally dismissed by a foreign employer after a work-related injury, and then the person approached Wang Qiang for help. Due to his experience as a lawyer for a central enterprise and a legal counsel for a private enterprise in his early years, after Wang Qiang took over the case, he clarified the legal relationship, determined the cause of action and the labor arbitration commission and relevant administrative supervision departments with jurisdiction from multiple perspectives, sorted out and judged the case according to the facts of the case, fully communicated with the parties and their families in the early stage, collected and mastered strong evidence, interpreted the current local laws and regulations such as labor injuries, and patiently guided and answered various questions raised by the parties and their families. Through the pre-judgment analysis of a large number of similar cases, the different legal effects and treatment results that may be generated are analyzed by analyzing the different strategies before and after non-litigation negotiation and communication and direct initiation of labor arbitration to protect rights, so as to fully show them more favorable choices, and strive to maximize the protection of the legitimate interests of grassroots workers.
It is worth noting that after accepting the case, Wang Qiang did not charge high lawyer fees, let alone directly choose to represent him in the labor arbitration, but switched his thinking, clarified his own difficulties, grasped the pain points of the other party, took the initiative to assume the "bridge" and "link" of communication between the parties to the case, worked hard to negotiate, and promoted reconciliation between the two parties.
"Solid legal professional knowledge and skills, the ability to solve problems and analyze the facts of cases, mature negotiation and negotiation skills, good reputation, and strict implementation of ethics and ethics are all essential core competitiveness components of practicing lawyers, and they are also the cornerstone of professional productivity and vitality." According to the specific circumstances of the case, friendly negotiation and communication are often the first priority, and it is not too late to decide in time to choose to sue or initiate arbitration. For enterprises, the best way to avoid legal disputes is to prevent legal risks in advance, and to build and update the compliance system suitable for the whole process of the enterprise's operation in advance. For individuals, it is necessary to pay more attention to and actively learn the knowledge of law popularization, for example, learning the Civil Code and laws and regulations related to work and life will help individuals improve their legal literacy, enhance their awareness of self-protection and their ability to learn and apply law.
As a member of the propaganda committee of the sixth branch (foreign-related party branch) directly under the Party Committee of Jingshi Shenzhen Law Firm, Wang Qiang often goes into enterprises and communities as a party member volunteer to give public welfare law popularization lectures, explaining legal knowledge and answering questions for the public for free. At the same time, he has also served as the general manager or legal counsel of a number of foreign-funded enterprises or subsidiaries of overseas enterprises in Shenzhen, private enterprises, state-owned enterprises, etc. He has led the construction of a team that combines law and business, and has rich practical experience in various procedures, processes, angles and dimensions such as litigation, mediation and enforcement, and can provide customized, one-stop and full-process legal services. Up to now, the legal service team led by Wang Qiang has received more than 1,000 non-litigation and litigation legal service cases every year.
Youjutsu
Tap the pioneering power of the broad market
In November 2023, Wang Qiang and the partners of Jingshi Shenzhen Law Firm stood out in the first Guangdong Foreign-related Legal Service Product Competition and won the second prize in the final with the "'Belt and Road International Engineering and Investment and Financing' Legal Service Product".
It is understood that more than 70 legal service products participated in the competition, and 19 legal service products were shortlisted for the finals. The "Belt and Road International Engineering and Investment and Financing Legal Service Products" in which Wang Qiang participated mainly rely on the team members' years of practical experience in overseas engineering and investment and financing, grasp the urgent needs of domestic enterprises to export capital, infrastructure, transfer manufacturing, investment, financing and engineering, and is committed to providing one-stop legal services to help domestic enterprises "go global". The content of legal services is divided into three categories: first, legal services for the whole process of outbound investment, including two sub-projects: "legal services at the stage of investment decision-making" and "legal services for mergers and acquisitions, new establishments and post-investment in destination countries"; second, cross-border financing legal services; The third is the legal services for the whole process of international projects, including "legal services before contract signing" and "legal services during the contracting process".
This honor is a strong testimony and accumulation of achievements of Wang Qiang's overseas legal work in the past ten years. He said: "The operation mechanism of Jingshi's team operation and professional managers serving all lawyers and clients makes it easy to reach cross-border cooperation that is difficult to achieve in traditional law firms at the practical level. ”
According to Wang Qiang, "Youshu" means to continuously increase professional skills, optimize service solutions, and continue to update and upgrade to meet the needs of the ever-changing and increasingly competitive market development. "Jingshi Law Firm is a platform that can easily stimulate lawyers' 'excellent skills'." Wang Qiang said that in the context of the rapid development of Jingshi Shenzhen Law Firm, the team he led has also become the first team of the law firm to "do branding". Recently, Wang Qiang and his teammates can often be seen on the official WeChat video account and Douyin live broadcast room of Jingshi Shenzhen Law Firm, providing free legal advice to the majority of netizens through online public welfare law popularization lectures and answering questions.
From the opening of the online live public welfare consulting platform that is "one step ahead of others", to the strong alliance of "one step ahead", the group participation and the winning of industry awards, and then to the construction of the inclusive legal service system of "winning the trick", Wang Qiang has especially proposed and practiced the purpose of "unifying the art with the Tao and obtaining the Tao with the art", seeking truth from facts and striving for perfection to fight the service and defend the war. He said that it is necessary to give full play to his professional expertise, break through regional limitations, work with partners in a wider range of specialized fields, break through service barriers with international cooperation and win-win thinking, comprehensively improve the quality of legal services, and better solve problems for all kinds of customers.
In Wang Qiang's address book, there are not only partners of the core team of Jingshi Shenzhen lawyers, but also local licensed lawyers and accountants in many overseas countries, as well as representatives of social organizations and entrepreneurs such as industry associations, chambers of commerce, and alumni associations.
According to Wang Qiang, he also serves as the perennial legal counsel of a cross-border e-commerce company in Nanshan District, Shenzhen, mainly serving the construction of the compliance system and dispute resolution of enterprise associations and subordinate enterprises going overseas.
Under normal circumstances, Wang Qiang will help cooperative enterprises to build a compliance system before going to sea in advance to prevent problems before they occur, but enterprises will face many variables when they "go global", once they encounter emergencies, he will quickly and accurately link up with the parties or the local lawyer team where the project is located to implement policies while clarifying the legal principles in a timely manner, so as to promote the efficient resolution of the problem.
Qi Ji jumps, can't take ten steps; Ten horses, the merit is relentless. Wang Qiang said that in the new era, lawyers should not only consolidate traditional services from a business perspective, but also be good at developing new products, occupying new industries, and discovering cyclical businesses.