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一带一路(&English)丨聚焦与辐射:一带一路法律服务的探索与思考
 
发布人:佚名 | 转贴自:本站原创 | 阅读:324 | 更新时间:2023/5/22
     2022年6月6日,我在本号发表《一带一路 | 法风管团队能够做好一带一路法律服务吗?》(点击阅读),为团队立下一带一路法律服务的壮志雄心。经过一年来的努力,弘石律所法风管团队在一带一路法律服务进程中,不断蓄势待发,寻求量变质变,取得些许业绩,留下更多思考。
一、公私兼顾,内外兼修,诉非并举,守正创新,合并共赢
弘石律所法风管团队一带一路法律服务秉持“公私兼顾,内外兼修,诉非并举,守正创新,合并共赢”的理念。其中公私兼顾,指公法、私法同时兼顾,民商事法律服务与行政法律服务、刑事法律服务同时兼顾,为顾问单位提供综合性法律服务。至于“内外兼修,诉非并举,守正创新,合并共赢”,请点击阅读《弘石声音(双语)丨共商共建共享:弘石律所参与昆明国际商事仲裁市场培育的蓝图与行动》
 
二、人力资源是第一生产力
人力资源是律师行业的第一生产力。没有足够质量和足够数量的人力资源,难以有效保障律所的持续发展,难以保障专业、高效、优质法律服务的持续提供。
(一)以人为本,基业长青
尊重成员律师的人格和利益,是团队保持凝聚力和归属感的前提。团队的事业发展有前景,有希望,团队成员职业发展和生活幸福没有后顾之忧,是团队成员对团队忠诚度的必要保障。反之,稳定的团队成员,高素质的人才矩阵,是团队基业长青的保障。
(二)留人出彩,引人入胜
团队应当让老的成员有持续发展空间,让老的团队成员持续保有成就感和获得感。要保障每一位成员有机会和权利发挥其主观能动性和专业优势,带领团队快速高质量发展。对新引入团队的成员,应当保障其职业前景光明,个人的旭日东升与团队的蒸蒸日上有效融合。
(三)能力提升,激励指引
在法风管有三名执业律师取得美国项目管理协会项目管理专业人士认证的情况下,对执业满三年尚未通过该项认证的执业律师,在其本人自愿,双方签订培训协议的情况下,团队出资由其培训取证,并在取证后发放一定金额的奖金予以鼓励。基于团队成员中有多名律师达到大学英语六级水平的情况,采取以项目管理专业人士同样的激励措施,鼓励他们参加法律英语证书全国法统一考试,争取团队成员律师早日实现将法律英语作为工作语言,更高水平地参与一带一路法律服务市场竞争。文章截稿时,有专业英语八级+A证应届毕业研究生联系面谈应聘入职事宜,期望能够成交。
 
三、英语优先,克服语言障碍
法风管团队曾经有计划招聘专业英语八级或老越缅柬泰语同等水平+A证应届毕业生加入团队,快速提升团队法律英语水平。目前团队微调外语语种,英语优先,以体现英语的通用性,节约人力资源成本。如前所述,在现有团队成团中鼓励考试获取全国统一考试法律英语证书,也是团队提升法律英语工作语言能力和水平的有效途径。
四、边关先行,解纷随后
在一带一路法律服务业务链条布局方面,法风管团队确立海关法律事务和国边境法律事务包括RCEP法律事务率先突破,在国际民商事纠纷多元化解方面中长期布局。
五、聚焦优势,劳动优先,优势板块,精益求精
经过一年的努力,法风管的一带一路法律业务和客户没有得到实质突破。为此,虽然中长期看好,信心十足,但短期难免焦虑。为快速突破,法风管决定在坚持“边关先行,解纷随后”的业务布局的同时,将涉外劳动法律服务挺在前面,聚焦优势,单点突破,在传统境内劳动法律业务具备显著服务优势的情况下,在中标管委会人社局专项劳动法律服务项目,在一年服务期内预计兼职仲裁劳动人事争议案件350件的情况下,体现劳动法律服务领域的“内外兼修,诉非并举,公私兼顾,合作共赢”,通过内联外引,在法风管既有劳动法律服务优势的基础上,扩大服务优势,精益求精,追求卓越。
(一) 澜湄五国优先,其他国别兼顾
利用云南区位优势,优先着手老越缅柬泰澜湄五国劳动法的学习应用及法律服务实践。对东南亚其他国家及中亚、西亚国家的劳动法,也予以适度关注,时刻准备着,满足客户或者潜在客户的法律服务需求。
(二) 所内人员分工,所内资源整合
根据目前法风管团队人力资源状况,澜湄五国国别劳动法律学习研究及应用,已经有明确的人员分工,每国劳动法律均有1-2人重点学习研究和应用。另外,外国劳动法律的学习研究与应用,与国内劳动法律的学习研究与应用,相辅相成,相映成趣。
(三) 所际合作共赢,互学共享交易
目前为止,弘石律所先后与中治中心、唯真律所、传铂律所、众序律所签订战略合作协议,进行战略合作;与其他相关律所,也形成实际的合作关系。通过打破律所之间的壁垒,通过所际社会分工与合作,提高律所与律师的劳动生产率,提高律师行业的法律服务质量和效率,力争改变目前律师行业低层次、同质化竞争的尴尬局面。越来越多的律师和律所认识到,律所之间、律师之间的互学互鉴,信息、资料、成果、经验、资源、案源的共享或互换,律所与律所之间、律师与律师之间合法的、正当的法律服务交易,已经紧迫地提上议事日程。法风管团队以劳动法律服务领域与同行进行专业、案源合作,预期具有广阔空间。
(四) 跨界交流合作,争取官方支持
法风管团队战略体系中,实现战略目标的路径是“用管理的方法解决法律问题,用法律的思维提升管理能力”。法风管团队有效应用美国项目管理知识体系中的相关方管理,在法风管运营、服务过程中,功勋卓著。因此,法风管以建立战略合作关系或入会成为会员单位、理事单位等方式,与相关组织、商会协会进行广泛的交流与合作,在交流与合作中,展示律师风采,贡献律师力量,扩大律师影响,赢得相关方信任,获得业务和客户。与相关政府部门或授权机构、组织良性互动,合法、正当地获取相应的政策支持。法风管团队以劳动法单点突破,效果预期会更加良好。
(五) 国际合作,全球竞争
律师与律师之间,律所与律所之间,既不能放大竞争关系而忽视合作关系,也不能放大合作关系而否定竞争关系。合法、正当的竞争关系,有利于合作各方、整个行业的健康有序发展,因此,不能强调合作而排斥合法、正当竞争。但是,律师与律师之间、律所与律所之间的竞争,不能局限于县(区)级区域、州(市)级区域、省级区域或全国范围,应当放眼全球,参与全球法律服务市场的竞争与合作,促进法律服务行业的国际、国内双循环。弘石律所法风管团队战略目标为“做国际一流的法律风险管理服务机构”。在劳动法领域切入,弘石律所法风管更加有信心、有能力参与国际法律服务市场的竞争与合作。我相信,一带一路一起走,一定能够更快更远,一定能够更深更实,一定能够更轻松愉快。弘石律所法风管,期待与您携手一带一路,共谋更快更好发展。
 
B&R| Focus and Radiation: Exploration and Reflection on Legal Services in the Belt and Road Initiative
On 6 June 2022, I published the article "Can the Legal Management Team do a good job of providing legal services along the Belt and Road? "(click here to read),setting out the team's ambitions for the Belt and Road legal services. After a year of hard work, the legal risk management team of G-stone Law Firm has been building up momentum and seeking quantitative and qualitative changes in the process of providing legal services along the Belt and Road, achieving some results and leaving more thoughts behind.
I.                    Public and Private, Internal and External, litigation and non-litigation, Tradition and Innovation, Win-Win Cooperation
The team upholds the ideas of "balance between public and private, internal and external cultivation, simultaneous litigation and non-litigation , keeping to the right path and innovation, win-win cooperation ". The idea of "balance between public and private " refers to the combination of public and private law, the balance of civil and commercial, administrative and criminal legal services, and the provision of comprehensive legal services to clients. For more information on the ideas of "internal and external cultivation, simultaneous litigation and non-litigation, keeping to the right path and innovation, win-win cooperation ", please click here to read "G-Stone voice (bilingual): A blueprint and action for G-stone's participation in the cultivation of the international commercial arbitration market in Kunming".
II.                  Human Resources Are a Primary Productive Force
Human resources are the primary productive force in the legal profession. Without sufficient quality and sufficient quantity of human resources, it will be difficult to effectively safeguard the continued development of the law firm and the continued provision of professional, efficient and quality legal services.
(i)                  People-oriented resulting in everlasting foundation
On the one hand, a prerequisite for the team to maintain cohesion and a sense of belonging is to respect the personality and interests of the lawyers. It is a necessary guarantee of team members' loyalty to the team which has a promising career, and the career development and well-being of the team's lawyers is guaranteed. On the other hand, stable team members and a high quality’s group of talents are the guarantee for the team's longevity.
(ii)                A breakthrough for the veterans and something to look forward to for the newcomers
The team should give veterans room for continued development and a sense of continued achievement and access. Each member must be guaranteed the opportunity and right to use his or her initiative and professional strengths as a means of leading the team to achieve rapid and high-quality development.For newly introduced members, the team should ensure that their career prospects are bright and that the development of the individual is effectively integrated with the development of the team.
(iii)                Competence enhancement and motivational guidanceIn
 the case of three lawyers who have obtained the Project Management Institute's Project Management Professional certification, the team will pay for the training of lawyers who have not yet obtained the certification after three years of practice, and will encourage them to obtain the certification by paying a certain amount of bonus after obtaining the certification, if they voluntarily sign a training agreement. Based on fact that a number of lawyers in the team have passed CET-6, the same incentive provided to project management professionals is provided to them as a means of encouraging them to take the LEC examinations, with a view to achieving a higher level of competition in the Belt and Road legal services market by using legal English as a working language for team members' lawyers as soon as possible. At the time of the article's deadline, a fresh graduate student with TEM8 and Legal Professional Qualification Certificate A contacted us for an interview about applying for a job and we expect to close the deal.
III.               English Preferred, Smooth Communication
The legal risk management team had plans to recruit fresh graduates with professional English level 8 or equivalent in Lao, Vietnamese, Burmese, Mon-Khmer or Thai and holding the Legal Professional Qualification Certificate A to join the team as a way to promote rapid improvement of the team's legal English proficiency. The team has now adjusted the language requirements to require English as a priority to reflect the versatility of English and to save on human resource costs. As mentioned earlier, encouraging examinations among existing team members to obtain the LEC is also an effective way for the team to improve their skills and proficiency of legal English as working language.
IV.                Border crossing first, solving disputes subsequently
In terms of the layout of the Belt and Road legal service business chain, the legal risk management team established the first breakthrough in customs legal affairs and border legal affairs including RCEP legal affairs, and the medium to long-term layout in the diversified settlement of international civil and commercial disputes.
V.                  Focusing on advantages, labor priority, advantageous business, strive for perfection
After a year of efforts, the legal business and clients of the Belt and Road legal services of the legal risk management team did not get a substantial breakthrough. For this reason, although bullish and confident in the medium and long term, short-term anxiety is inevitable. In order to make a quick breakthrough, the legal risk management team decided to adhere to the business layout of "border crossing first and solving disputes subsequently", while putting foreign-related labor legal services in front, focusing on its strengths and making a single point breakthrough. Because of traditional domestic labor legal business with significant service advantages, because of winning the special labor legal service project of the Human Resources and Social Security Bureau of the Management Committee, and because of arbitrating 350 labor dispute cases we expect to on a part-time basis within the one-year service period,  reflecting the "trained internal and external, developed litigation and non-litigation simultaneously, kept to the right path and made innovations, win-win cooperation " in the field of labor law service, through internal and external introduction, on the base of the existing labor legal service advantages, the legal risk management expands the service advantages, strives for perfection and excellence.
(i)                  Prioritize the five countries of the Mekong region and attend to other countries
Taking advantage of Yunnan's geographical location, the legal risk management give priority to the study, application and legal services in the five countries of Laos, Vietnam, Cambodia, Myanmar and Thailand. The team also pay moderate attention to the labor laws of other countries in Southeast Asia, Central Asia and West Asia, and are always ready to meet the legal service needs of existing or potential clients.
(ii)                Division of labor and integration of resources within the firm
According to the current human resources situation of the legal risk management team, there is already a clear division of labor in the study and application of the labor laws of the five countries of the Mekong region, with 1-2 persons for each country focusing on the study and application of labor laws. In addition, the study, research and application of foreign labor laws are complementary to the domestic labor laws.
(iii)              Win-win inter-firm cooperation and mutual learning, sharing and transactions
So far, G-stone Law Firm has signed strategic cooperation agreements with Kunming Chinese Governance Conflict Prevention, Weizhen Law Firm, Shanghai Trans Bright Law Firm and Yunnan Zhongxu Partners and has also formed practical cooperation relationships with other related law firms. By breaking down the barriers between law firms, through inter-firm social division and cooperation, the labor productivity of law firms and lawyers is improved, and the quality and efficiency of legal services in the legal profession is improved, the current embarrassing situation of low-level, homogenous competition in the legal profession is expected to change. More and more lawyers and law firms are realizing that mutual learning between law firms and lawyers, the sharing or exchange of information, materials, results, experience, resources and case sources, and legitimate legal service transactions between law firms and between lawyers are urgently on the agenda. The legal risk management team is expected to have a wide scope for professional and case source cooperation with peers in the field of labor law services.
(iv)               Cross-border exchanges and cooperation for official support
The way to achieve the strategic objectives is to "solve legal problems with a management approach and enhance management capabilities with a legal mindset" in the legal risk management team(LRMT) strategy system. The effective application of the American project management knowledge system of stakeholder management by the LRMT has been instrumental in the operation of LRMT and its services. Therefore, the LRMT conducts extensive exchanges and cooperation with relevant organizations, chambers of commerce and associations by establishing strategic partnerships or joining them as members or council members. In the exchange and cooperation, we showcase our lawyers' ability, contribute our strength, expand our influence and win the trust of relevant parties, so as to obtain business and clients. We interact positively with relevant government departments or authorized institutions and organizations to obtain corresponding policy support legally and legitimately. The LRMT has made a single breakthrough with labor law, and the effect is expected to be even better.
(v)                 International cooperation and global competition
The competitive relationship between lawyers or between law firms should neither be magnified to the exclusion of the cooperative relationship, nor should the cooperative relationship be magnified to the exclusion of the competitive relationship. A legal and legitimate competitive relationship, which is conducive to the healthy and orderly development of the cooperating parties and the industry as a whole. Therefore, the emphasis should not be placed solely on cooperation to the exclusion of legal and legitimate competition. However, the competition among lawyers and among law firms cannot be limited to county (district) level regions, state (city) level regions, provincial level regions or nationwide, it should be global in scope, participating in the competition and cooperation in the global legal services market and promoting the international and domestic circulation of the legal services industry. The strategic goal of the G-stone firm's LRMT is to be "a first-class international legal risk management service provider". Starting from the field of labor law, which has given G-stone Law Firm LRMT the confidence and ability to compete and cooperate in the international legal services market.I believe that cooperation on the Belt and Road initiative will be faster and further, deeper and more practical, and easier and more enjoyable. We are looking forward to working with you on the Belt and Road for faster and better development.
 
 
 
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