On the afternoon of February 21, 2023, the fifth "Guiqi Semi-Monthly Talk" organized by Guiqi Academy was held in Beijing Zihua Law Firm. The theme of this event was: how to realize specialization and innovation in criminal defense practice? More than ten well-known criminal defense lawyers from Beijing and many other regions in China and some members of the media participated in this event. King&Capital Law Firm director Zhu Yonghui lawyer, director of King&Capital Criminal Defense Research Center Liang Yali lawyer was invited to attend this event and participate in the discussion.
As an emerging term, "Specialized, Specialized, Specialized and New" was written into the government work report for the first time in 2022. "Specialization, specialization, and innovation" is also the future direction of lawyers' legal services, and is the necessary way for law firms to develop and shape new competitive advantages. How to forge "unique skills" in criminal defense practice, how to achieve specialization, refinement, specialization and novelty, and how to build competitive advantages in niche areas?
Activity Scene
Liu Guiming, the president of Guiku Institute, made an opening speech and explained the significance of the topic, and Qian Leyang, the director of Beijing Zihua Law Firm, warmly welcomed the friends from all walks of life, and then the guests fully studied and discussed the issue of "Specialization, Refinement, Characterization and Novelty of Criminal Defense Practice".
Speech by Mr. Zhu Yonghui, Director of King&Capital Law Firm
Mr. Zhu Yonghui, Director of Kyoto Law Firm
Mr. Zhu Yonghui, Director of King&Capital Law Firm, pointed out in his speech that the "specialization, refinement, specialization and innovation" of criminal defense practice should be constructed from three aspects. First of all, from the perspective of individual lawyers, Zhu Yonghui believes that the criminal defense lawyers should be "first miscellaneous and then specialization", because the criminal defense is not a simple matter, the criminal defense lawyers are faced with a major event involving the freedom and life of the client, the test is the lawyer's ability to deal with the comprehensive, the need for lawyers to have a broad field of knowledge and a solid legal foundation, as well as a wealth of knowledge and experience. Solid legal foundation, as well as a wealth of social experience, these will be integrated, can only towards the direction of specialization, otherwise, the so-called specialization, just like the pavilion in the air out of reach.
The second aspect, ZhuYongHui lawyer proposed to promote the lawyer's professionalism through the management of the law firm. Combined with his own work experience, Zhu Yonghui introduced King&Capital Law Firm is committed to realize the criminal defense business "specialization, specialization and innovation" related initiatives. First of all, in the business division of labor, the firm on the business scope of each department for specialization, criminal department lawyers only do criminal business, other departments of lawyers do not do criminal business, realize the business scope of each business department specialization; Secondly, in the management of criminal business, the firm has taken the following specific practices, one is the establishment of the King&Capital criminal defense independent qualification, to create a King&Capital criminal defense "corporate standard". The first is the establishment of the Kyoto Criminal Defense Independent Appearance Qualification to create the "corporate standard" of King&Capital Criminal Defense, whereby only those who meet the requirements can be granted the qualification of independent appearance in criminal defense, and only those Kyoto attorneys who have the qualification can appear in court for defense individually. Second, the establishment of the King&Capital Criminal Defense Research Center to enhance the theoretical level of lawyers through various research activities organized by the Center, so as to guide practice with theory. Third, through specialized training to improve the professional skills of criminal defense, in recent years King&Capital has been with the Northwestern University of Political Science and Law Institute of Advanced Studies in Criminal Defense jointly organized by the exploration of criminal defense skills training and research, and constantly sum up the experience, has formed a set of relatively perfect training system in the pilot, the next step will be promoted in a wider range. Fourthly, King&Capital Criminal Defense Lecture Hall was opened, inviting legal experts in the field to hold lectures on criminal theory issues, so as to open up the academic horizons of King&Capital criminal defense lawyers. Fifth, we organize the King&Capital Criminal Defense Circuit Forum to strengthen the exchange and learning within the industry. In addition, through various activities such as public welfare forums, legislative proposals, and book writing, we continue to strengthen the business capacity and sense of social responsibility of King&Capital lawyers, and form the characteristics of King&Capital.
The third aspect, ZhuYongHui lawyer proposed from the lawyer to undertake the case of team operation to complete the effect of specialization, one is the reception of the customer team, not by the lawyer alone to receive, but the firm arranged partners and other lawyers to receive together to negotiate, show the team spirit, show the overall level. Secondly, in the process of handling the case not to engage in a small team, through the internal resources, within the scope of the whole firm to deploy the most suitable lawyers to participate in the case. Third, strengthen the collective research in case handling, such as through the "King&Capital legal round table" to gather the firm's resources to discuss major and difficult cases, improve the standard of case handling in King&Capital. Fourth, to realize the cooperation between the business departments, the same criminal case may involve a variety of legal issues, such as criminal-civilian intersection, criminal line convergence, criminal compliance, etc., often has a comprehensive business characteristics, so in the firm's participation in the business departments, some complex criminal cases have the opportunity to get a better solution.
Speech by Ms. Alice Liang of King&Capital Law Firm
Speech by Mr. Liang Yali
Lawyer Liang Yali, Director of King&Capital Criminal Defense Research Center, shared the criminal defense strategy under the background of new technology by taking a new type of case handled by herself as an example. Liang Yali firstly shared her understanding of the "specialization, expertise and newness" of the criminal defense business. The new technological background, on the one hand, is embodied in the factual, substantive and procedural specialization in all kinds of criminal cases, and on the other hand, the methods that lawyers can adopt and the tools that can be used to engage in the criminal defense business have also shown a trend of technologization. This requires lawyers to learn to use new technology to improve business efficiency, and gradually realize the traditional criminal defense business technology. At the same time, under the background of new technology, lawyers engaged in criminal defense practice should be good at coping with challenges and grasping opportunities.
Subsequently, Liang Yali lawyer team handled a case involving MT4 software illegal business case was introduced, this is a foreign exchange transactions and MT4 software nature of professional, technical strong case, which the platform qualification, trading authenticity and trading model of the argument for the case qualification is crucial, and must be based on sufficient professional knowledge and a full understanding of the software technology, in order to express clearly and This further illustrates the importance of fully adapting to the new technological background for criminal defense practice.
Finally, Ms. Liang Yali put forward the following suggestions on how to realize the specialization of criminal defense practice. First of all, the technical and professional nature of criminal behavior should be emphasized. Secondly, it is necessary to pay attention to the criminal subject's defense of technicality. Specialized cases of criminal subjects often have sufficient experience in business, in the technical field of cognition and judgment of professionalism, criminal defense lawyers in the treatment of such cases should pay attention to the information provided by the client. Last but not least, the professionalism of the defense team should be emphasized. According to each person's expertise, according to the needs of the project, flexible team formation, the formation of team-based defense mode, lawyers not only with the collaboration between the team of experts, law firms may also establish a cooperative relationship between a case or series of cases, which also provides resources for the construction of the defense team.
Group photo of the event
Through the conceptual sharing and discussion of each criminal defense expert, there was a deeper understanding of the topic of "specialization, refinement, specialization and newness" of the criminal defense business. President Liu Guiming summed up the activity at the end, hoping that the development of China's criminal defense business can be gradually specialized and refined, and also hoping that each criminal defense lawyer can not forget the original intention, and have the courage to struggle and "strive" on the way forward. The same hope that every criminal defense lawyer can not forget the original intention, the courage to fight, in the road ahead "all the guts", in the face of difficulties to go forward. All the lawyers present gave a warm applause, the activities were successfully concluded.
