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JAVY LAW FIRM in order to bring lawyers closer to the distance, has launched the “JAVY LAW FIRM Interview” series of columns, let us together to understand the story behind each lawyer.

She is a cross-border accounting and law of the dual background, in the field of economic commercial disputes unique; with excellent professional ability and deep legal literacy, for customers to build a solid legal defense; she is not only in the work of excellence, but also optimistic attitude towards life balancing the scales of career and life, she is the guest of honor—JAVY partner Zhang Qi lawyer. She is the guest of this interview--Zhang Qi, a partner of Weifang Law Firm.

Q: Please briefly introduce yourself.

JAVY LAW FIRM: Hello, I am Ms. Zhang Qi, a partner of JAVY LAW FIRM. I used to work in a famous accounting firm in China, and then participated in some projects with lawyers in the accounting firm, so I had the opportunity to deeply understand the legal industry. After self-analysis, I discovered a love for the legal industry. When I try to help a company or an individual to get justice or solve a problem, it brings a great sense of accomplishment and satisfaction. This ability to connect with and help others is one of the key reasons that attracted me to choose a career as a lawyer.

Q: Congratulations on your promotion to partner of JAVY LAW FIRM. What does this change of status from lawyer to partner mean to you?

Ms. Zhang Qi:

The transition from lawyer to partner is a professional journey full of opportunities and fulfillment. This transition is not only a recognition of my past efforts, but also a promise of future responsibilities and opportunities.

On the one hand, the process of becoming a partner is a full recognition of my past work, my professional skills, case management ability and client service standards, all of which have been highly recognized.

On the other hand, it is the future shouldering more responsibilities and constantly challenging myself. Not only do I want to continue to provide high-quality legal services, but I also want to gradually build up my team, take on more leadership and management responsibilities, and realize the enhancement of my self-worth.

☆ About Challenge and Satisfaction

The work of a lawyer is full of challenges, but the sense of fulfillment that comes from successfully solving a case is unparalleled. Challenges are not only opportunities for growth, but also a kind of “excitement” in the profession.

☆ About Responsibility and Impact

As a lawyer, my work directly affects the lives of my clients and the development of my business, and this influence makes me feel a heavy responsibility on my shoulders, which makes me work harder.

☆ About Teamwork

Although the work of a lawyer is often an individual endeavor, successful cases often cannot be achieved without the support and cooperation of a team. It is important to learn how to work closely with colleagues and utilize the power of the collective.

☆ About professional fulfillment

With the accumulation of experience and the success of cases, I feel a strong sense of professional fulfillment. This sense of fulfillment comes not only from winning cases, but also from growing and advancing in my legal career.

☆ About Growth

On my career path as a lawyer, I have experienced many challenges and trials, which have significantly improved my professional skills and personal qualities and laid a solid foundation for my future career development.

Translated with DeepL.com (free version)

Q: What are the main areas of legal services that you have devoted yourself to since you started practicing law, and what do you think are the difficulties in dealing with cases in these areas?

Mr. Zhang Qi:

I am mainly committed to dealing with commercial disputes, especially economic commercial disputes, including difficult and complex cases in the fields of construction and real estate, labor disputes and intellectual property rights. Below are some examples of what I consider to be the major difficulties in each area of legal practice:

1. Commercial field

For example, in a dispute over the interpretation of a contract, two companies used ambiguous clauses in the contract, such as “reasonable time” or “appropriate standard”, which led one party to argue that the other party failed to fulfill the agreement. The focus of the dispute between the parties was on the interpretation of these ambiguous clauses, which in turn affected the performance of the contract and compensation. Another example is in corporate governance disputes, where minority shareholders allege that management has violated the company's articles of incorporation or that the board of directors has made unfair decisions. This usually involves complex interpretation of corporate law principles and governance structures. These difficult points often require in-depth analysis of contractual terms, applicable laws and factual evidence to arrive at a reasonable solution.

2. Construction-in-progress and real estate

For example, in a contract dispute, a construction company and a real estate developer entered into a contract for the construction of a residential project. The contract stipulated the completion time, material specifications and payment terms. However, due to delays by material suppliers and design changes, the project schedule was severely delayed. The developer claims damages, while the construction company blames the designer for failing to provide clear design drawings. This situation can lead to a bitter contractual dispute between the two parties. The construction company needs to prove that the delay was due to uncontrollable factors and that the designer's drawings were defective. The developer, on the other hand, will need to prove that additional financial losses were incurred due to the architectural firm's failure to complete the work on time. Resolving this dispute may then require an in-depth review of the terms of the contract, construction progress records, and related communications.

In another example of a real estate title dispute, two different buyers in a newly constructed commercial building were found to have different claims to the same property. One party held a formal purchase contract, while the other party held a previously signed pre-purchase agreement and claimed that the contract was void but did not admit it. This situation involves a review of the title deeds and a determination of the validity of the contract. It will require the attorney to carefully analyze the evidence provided by each party, including contract documents, payment records and notarized materials. Also, mediation or litigation may be required to resolve title disputes to determine which contract and buyer has legal priority.

3. Labor Dispute Areas

As the economic environment changes, businesses and individuals face labor dispute issues in a variety of situations, including, but not limited to, contract performance issues, disputes between employees and employers over the terms or performance of a contract, such as payment of salary, working hours, and assignment of duties; termination disputes, disputes over wrongful termination or termination of an employee without following the legal procedures, including whether the reason for termination is lawful and whether there is a reasonable amount of compensation available; and workers' compensation, disputes between employees and their employers over the terms or performance of a contract, such as payment of wages, hours, and assignment of duties; and workers' compensation. After being injured, employees may have disputes with their employers or insurance companies over the amount of compensation and the attribution of responsibility; salary arrears, where employers fail to pay wages or overtime pay in accordance with the contract or the law.

4. Intellectual Property Area

(1) Infringement issues: how to prove whether an act infringes a patent, trademark or copyright, involving evidence collection and definition of infringement.

(2) Patent validity: whether a patent is novel, inventive and practical, and whether it is challenged by other patents.

(3) Trademark registration and protection: whether the trademark meets the conditions for registration and whether there is a likelihood of confusion with a registered trademark. Attribution of copyright: the question of attribution of the right to create and the right to use the work, especially in the case of collaborative creation or creation for hire.

(4) License and transfer agreements: how to develop and implement effective intellectual property license and transfer agreements to ensure that the rights and obligations of both parties are clear.

There are a number of cases that stand out to me, so let's cite one of them.

It was a shareholder withdrawal case, and I represented the defendant, a target company. The short version of the case is that a company, as the plaintiff, wanted to withdraw its shares from the target company because the target company did not fulfill the performance conditions according to the agreement signed by the plaintiff and the defendant. At that time, the client also looked for other lawyers, and they all said that according to the principle of mutual autonomy, if the conditions were not met, it was indeed possible to withdraw the shares. However, after reading the materials, I elaborated several different points of view from other perspectives, searched for a large number of court precedents, and asked the client to continue to collect relevant evidence according to my thinking. In the end, my opinion was adopted by the court, and I achieved very good results, and realized the effect of turning the tide against the wind.

Q: In your opinion, what are the professional genes and business skills that young lawyers need to have at each stage?

Attorney Zhang Qi:

I think young lawyers need to be very, very outstanding in their comprehensive ability to survive in this cruel industry. Young lawyers need to have not only professional ability, but also logical thinking ability, expression ability, the ability to interact with people and so on.

Once when I was a trainee lawyer, my mentor said something to me that has stuck with me. “lawyers are racking their brains to help clients to solve the problems they can not solve, which can reflect the value of lawyers, not just how beautifully written legal documents can solve the problem”. Of course, the lawyer's degree of professionalism also determines whether the problem can be solved, but also more quickly summarize the key points of the case, the core issues, and respond in a timely manner.

Q: Lawyer's work is by no means time-saving and labor-saving, how do you balance work and life?

Ms. Zhang Qi:

After becoming a lawyer, the main thing is the freedom of time, I can arrange my own work, study and life every day. In my life, I often read news about lawyers who died suddenly because they were overworked. I think the work pressure of the lawyer profession is very big, different stages have different pressure, soliciting business, handling cases all need to pay a great deal of effort. Therefore, I pay great attention to work-life balance and exercise regularly. After all, work is for a better life, and I am not willing to become a slave to work. I usually look for friends to go shopping, shop a little and chat to relieve my inner anxiety.

Q: As a partner of JAVY LAW FIRM, what are your expectations for the future of JAVY LAW FIRM?

Mr. Zhang Qi:

At present, JAVY LAW FIRM is in the stage of rapid development, and I believe that the specialization of all work is the only way for law firms to continue to develop.

JAVY LAWW FIRM gives lawyers more space to show their talents and professional ability, makes the firm more united and friendly, and also organizes many meaningful activities. We hope that the firm can further strengthen the help and support for young lawyers and young partners.

Finally, I wish JAVY LAW FIRM develops more and more well!