In order to narrow the distance betweenJAVY and lawyers, JAVY has launched a series of columns called "JAVY Talk Show" to let us understand the stories behind each lawyer.
He has excellent professional ability. Since practicing, he has served as a perennial legal adviser to a number of legal person institutions. He is good at learning, stable and optimistic about life. He is the guest of this interview - Lawyer Gao Feng.
Q1Welcome lawyer Gao Feng to join Garvey family. Would you please briefly introduce your business field?
Lawyer Gao Feng:
Hello, I'm lawyer Gao Feng. Since practicing, he has served as a perennial legal adviser to a number of legal person institutions, specializing in corporate governance, equity mergers and acquisitions, labor disputes, intellectual property rights, civil and commercial dispute resolution and other business areas.
Q2What legal risks do you think are common in enterprises under the current situation?
Lawyer Gao Feng:
At present, the economic situation is declining, and enterprises are generally facing the problem of capital shortage. This situation will expose many hidden legal risks. Risks are multifaceted, mainly internal governance risks and external business risks.
Q3What do you mean by internal governance risk and external operation risk respectively?
Lawyer Gao Feng:
Internal governance risks: for example, many investors rely on the "gentleman's agreement" when setting up the company, or hand over all the reasons for establishment to the industrial and commercial agency company, resulting in unreasonable equity structure, no "customized" articles of association and other internal documents, and it is very easy to have disputes among shareholders when distributing interests or sharing responsibilities, resulting in the company's business deadlock. In addition, there have been a large number of labor dispute cases in the past two years, which means that labor relations is also one of the hot spots of the company's internal risks.
External operation risks, such as legal risks of inter enterprise borrowing, financing, mortgage guarantee, etc. caused by the shortage of capital chain; The risk of breach of contract caused by poor operation of upstream and downstream partners.
Q4How do you think enterprises should deal with these risks?
Lawyer Gao Feng:
I think we can start with pre prevention and post remedy. Taking labor relations as an example, on the one hand, employers should pay attention to internal compliance, which is the basis of operation and an important means to prevent and manage disputes. Standardize employment from the aspects of contract management, rules and regulations, management structure, etc., and all systems should be clearly written and can be implemented; On the other hand, employers should carefully and properly handle labor dispute cases, especially large-scale employers. The handling of cases often serves as a warning and guidance to other workers. If handled improperly, it may lead to group cases. In addition, when the dispute cannot be avoided, the opinions of lawyers and other professionals can be consulted when necessary, and the results can be reasonably predicted by integrating all possible handling methods, and the other party can be reconciled when necessary.
Q5 what challenges do you think the COVID-19 will bring to lawyers' work?
Lawyer Gao Feng:
The challenges are multifaceted, mainly the changes in working methods. For example, communication with customers, meetings, etc. currently take the form of network. How to reflect the value, professionalism, sense of responsibility and workload of lawyers through keyboard and camera, and obtain the recognition of customers, is a problem worth thinking about by every lawyer. In addition, at present, most civil cases take the form of online court hearing. This form is convenient, but it is also impossible to verify the original evidence. If the authenticity of the evidence is in doubt, it needs to make an appointment with the court for offline verification.
Q6 in your opinion, what kind of lawyer can be called an excellent lawyer?
The speed of law updating is very fast. Being able to keep up with the pace of the times and master the current law skillfully is the quality that a qualified lawyer should have. Having a reasonable forecast on the updating of laws and regulations, being able to provide cutting-edge legal advice for enterprises, is the quality of an excellent lawyer. Economic globalization is an inevitable trend, and China is a big trading country, which requires us lawyers to have a certain international vision, not only to master legal knowledge, but also to understand the knowledge of politics, economy, culture, history and so on.
Q7Why did you choose to join JAVY law firm?
We is committed to helping customers "manage risks, promote transactions and resolve disputes", which coincides with my practice philosophy. Each business department and team of JAVY has solid theoretical literacy and rich practical experience. In terms of teamwork, every time I encounter problems, with the help of JAVY people, they will be solved at the first time, which makes me feel that I am not alone in "fighting". In addition, the beautiful office environment, convenient transportation, efficient administration and the development concept of nationwide layout are also important reasons for me to join JAVY.
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