Translator：Zhang Xiaotong

On March 24, 2023, the seminar titled "10 Million Warning: A Brief Discussion on the Path of Lawyer Risk Management" was successfully held in the Equality Conference Room of Landing's global headquarters. The seminar was presented by Wang Guanghao, Senior Partner of Shanghai Landing Law Offices, Member of the Headquarters System and Risk Control Committee, and Deputy Director of the Dispute Resolution Department. The discussion was also joined by Gao Qiang, Senior Partner of Shanghai Landing Law Offices, Director of the System and Risk Control Committee, and Deputy Director of the Intellectual Property Department, as well as Zhang Zhenyu, Partner of the Construction Engineering and Real Estate Department of Shanghai Landing Law Offices. The seminar was conducted in both an online live-sharing format and an offline participation format.

At the beginning of the seminar, lawyer Zhang Zhenyu provided a brief overview of the basic facts of the case and the situations of the first and second trials. His concise language and emphasis on key points quickly enabled the participants to understand the case.

Zhang Zhenyu pointed out that litigation lawyers must consider the consequences of litigation during the representation process. Moreover, if a lawyer makes a clear error in the direction of the case or has the ability to submit evidence but fails to do so, it is difficult to argue that they have not been derelict in their duties. Therefore, Zhang Zhenyu suggested that litigation lawyers should grasp the direction of the litigation process, fulfill their duties, and avoid any complacency.

Subsequently, Wang Guanghao provided a detailed analysis from three aspects: litigation strategies in the first and second trials, key points of the court's review of the application for retrial, and litigation strategies related to the application for retrial in this case. He also shared his thoughts on the risks faced by lawyers in representing this case. Wang Guanghao displayed tables he had compiled during the case, vividly illustrating the risks that the litigation lawyers might encounter during the representation of the first and second trials.

Wang Guanghao also emphasized that lawyers should be honest and trustworthy, while also being diligent and responsible. As professionals, lawyers should clearly understand which types of cases they are representing, what materials should be submitted, and should advise their clients accordingly. Lawyers should strive to comprehensively grasp the facts of the cases they represent and formulate effective litigation plans.

Next, Gao Qiang shared his work experience and outlined the key points and work habits that lawyers need to pay attention to in the process of representing civil litigation cases. He divided the process into several stages: communication and signing of engagement contracts; investigation and evidence collection; drafting of litigation documents; filing of cases, property preservation; participation in court activities; post-trial work and connection between the second instance and retrial.

Gao Qiang further detailed each stage. He recommended thoroughly understanding the facts of the case through communication and the engagement contract, then determining the scope of legal services to be provided in the contract. He advised organizing all case materials during the investigation and evidence collection process. In the drafting of litigation documents, he suggested confirming with the client whether the documents need their approval based on their nature. During case filing and property preservation, effective communication with the client is crucial to help them understand possible differences between practice and legal provisions. In court activities, Gao Qiang frequently invites clients to participate in the trial to enhance their understanding of the legal services provided by the lawyer in the case. Finally, in post-trial work and connection between the second instance and retrial, he shared his experience in submitting representation letters and reminded participants about the issue of the appeal period.

The on-site participants engaged in enthusiastic discussions with Wang Guanghao, Gao Qiang, and Zhang Zhenyu about the case. The heartfelt sharing by the three lawyers significantly raised the risk awareness of the on-site and online participants, making the seminar a complete success.