今日爆料信息:深圳借贷合同纠纷律师,天同星入十二宫详解

LCOUNCIL 本期人物档案

陈耀权

天同深圳律师事务所 创始合伙人

深圳分所主任

陈耀权律师拥有二十年以上的法律从业经验，已累计代理最高法院民商事诉讼案件超过120件，在复杂疑难民商事诉讼业务领域积累了丰富和独到的执业经验，尤其擅长处理担保、公司、金融、证券、票据、合同、物权等民商事领域的纠纷，代理的大量案件具有填补法律空白的先导性作用，其中有相当部分被收录于《最高人民法院公报》以及《商事审判指导与参考》等最高法院审判业务指导书籍。

陈耀权律师作为天同诉讼业务团队负责人与业务主管，建立并完善的诉讼业务团队工作模式与案件流程管理体系，对于确保为客户提供高效优质的法律服务具有重要意义。

所获奖项

钱伯斯全球（Chambers Global Guide）争议解决领域领先律师

钱伯斯亚太（Chambers Asia-Pacific Guide）争议解决领域领先律师

亚洲法律事务（ALB）中国十佳诉讼律师

LEGALBAND 争议解决（诉讼）领域中国顶级律师

LEGALBAND 中国客户指南争议解决领先个人

Benchmark Litigation 亚太商业与交易领域争议解决之星

法律五百强（The Legal 500）争议解决领域杰出律师

《商法》（China Business Law Journal）A-List 100强精英律师

LCOUNCIL 本期采访提纲

1. 您和团队有着非常丰富的诉讼代理经验，可以谈一下您是如何帮助客户进行有效的诉讼服务的吗？以及在代理客户诉讼案件的时候与其他律师代理诉讼得核心区别是什么？

陈耀权：我认为要为客户提供有效诉讼服务，其根本方法是对客户真正用心。在用心的基础上，天同的经验主要有四方面：

第一是标准化的业务流程。天同很早就有了41步标准化业务流程，不同分所、不同成员在全国各地为客户提供服务，都坚持着同样流程标准，确保诉讼服务的质量统一。2021年12月，天同内部正式启用了“天工”办案系统，实现了标准化流程的线上协作，同时赋予不同类型案件“因案制宜”的灵活调整空间，更好顺应了现在不同案件类型、不同地域、不同诉讼阶段的差异化需求。这也让天同标准化业务流程在无纸化办公时代具有长久旺盛的生命力。

第二是团队化的作业模式。天同为客户提供诉讼服务时，始终坚持以团队整体提供服务，而非仅指定一名主责人单独办案，更坚决摒弃“大律师接案、小律师办案”的模式。从日常对接模式来说，客户询问承办团队的任何一人，都能准确得到关于案件办理的详细信息，最快速度得到有效响应；从办案质量把控来说，天同内部的互相支持非常充分和高效，可以为了一个复杂疑难案件快速召集全国的核心业务骨干参与“业务委员会”，提供专家式诊断，帮助客户详析诉讼策略。这种团队化的作业模式始终是我们提升客户体验和确保办案质量的重要手段。

第三是有形化的服务内容。诉讼服务虽贯穿于律师团队为客户提供的专业支持全过程中，但却属于无形服务，难以感知。为让客户更加具体、全面了解律师提供的诉讼服务内容，天同始终坚持制定工作计划，并在案件办理多个阶段提供《工作联系函》，将无形服务通过书面形式向客户进行有形化展示。天同相信，诉讼的成功不仅要依靠律师团队的专业支持，当事人与律师的彼此理解、高效沟通亦是最终善果的坚实基础。

第四是实战化的模拟法庭。对于每一个重要案件，天同团队在开庭前都会进行内部攻防演练，尽量全面模拟庭审中可能出现的各种观点，并根据演练情况不断打磨完善庭审方案。这个过程帮助律师团队更好地适应庭审状态，也从不同角度检验诉讼策略，准备预案，以保证律师在开庭过程中更从容、周延地应对各种突发状况，在法庭有限的时间中有效输出关键论点，从而在诉讼中争取有利据点。

至于天同代理诉讼案件的核心优势，我认为天同主要是做好了三件事：

第一，要有取舍。一方面，天同选定了适合自己的业务领域进行深耕，建所20年来，天同基本上只做争议解决，力求在擅长的领域里做到最好，从而有能力为客户提供最可靠、最优质的服务。另一方面，天同也选择为尊重律师工作的客户精心服务，我们坚信，“人和”是成事之本，客户的信赖与认可对案件顺利推进有极其重大的意义，也能让律师的专业实现价值最大化。

第二，真诚是最强大的力量。对案件的认识是什么，能做什么，不能做什么，我们始终与客户坦诚沟通，不虚言、不妄言，秉持真诚之心；同时，我们也不断精进专业能力，敢于下判断、做决断，在每个案件中竭尽全力，真正为客户提供有价值的法律服务方案。

第三，“我们”而非“我”。天同是一个真正的团队，任何一个案件，天同都会集合全所之力去处理，合伙人始终在办案一线，团队每个成员都全心投入，从而充分发挥团队作战的优势；同时，天同也充分认可客户工作人员支持和协助的关键作用，没有客户的配合，律师独木难支，不可能办好案件。只有集合各方可团结的一切力量，全力以赴，方能实现最理想的结果。

2. 在您代理的众多胜诉案件中，可以谈一下您认为最具挑战性且印象最深的相关案件吗，以及在诉讼代理过程中，哪些关键性细节可以引起我们法务部同行的警醒？

陈耀权：我印象很深的是今年刚结案的某国有银行和某上市酒企的侵权责任纠纷再审案件，酒企因存款被犯罪分子诈骗，要求银行赔偿损失，湖南高院判决银行承担全部责任，我们代理银行申请再审，最终改判酒企与银行根据过错大小分担责任。

这个案件有三点让我印象尤其深刻：第一，该案是最高法院再审案件，因案情复杂，最高法院组成了五人的大合议庭，两次开庭，多次延长审查期限，自立案到取得胜诉判决，经历了整整两年时间，我作为代理人，期间倾注了颇多心血；第二，这是一起刑民交叉案件，涉及酒企“存款销酒模式”，引起舆论广泛关注，有近2万人次在线旁听最高法院再审开庭，对代理人的出庭要求极高。第三，案件极具挑战性。一是银行行长已被生效刑事判决认定为诈骗犯共犯，湖南高院二审判决银行承担替代责任，想要再审否定职务侵权存在极高的法律难度；二是湖南高院曾经内部请示过最高法院的意见，因此二审判决结果在一定程度上代表了最高法院的部分观点，想要翻盘比其他案件难度更大。

我们通过深入法理分析，指出行长为谋取个人私利的违法犯罪行为不是职务行为，用人单位对此无法预料、无法避免、无以获利，不应承担替代责任；通过类案检索，指出二审判令银行承担全部责任明显不公，酒企应对本案损失承担与其过错相当的责任。以上意见均被最高法院再审采纳。该案件有很好的启示作用：第一，金融机构一定要定时加强对员工的管理和培训，尽可能避免银行员工以公谋私，导致金融机构承担责任；第二，对于刑民交叉案件，刑事判决结果对于民事案件具有根本影响，因此案发后要尽早介入刑事程序、跟进刑事案件进展，争夺案件管辖权并尽可能在合法范围内争取到有利于自身的刑事判决结果。

3. 您和您的团队在业界取得过非常多的荣誉和成绩，在今年我们有什么重要的专业成果要为大家分享吗？这些对我们法务同行在工作中会有怎样的助力？

陈耀权： 根据既有领域储备、业务经验和战略布局，今年我牵头团队规划了两个产品序列，并且都有长足产出：其一是再审，再审是天同的老本行，我本人也在最高院、高院再审领域中有着较为丰富的案件代理经验，并且在今年被选为广东省律师协会申诉再审专业委员会主任。基于再审业务难点、审判特点，我们进行了全面总结、梳理，从申请再审主体、申请再审对象、再审材料准备、其他程序问题四大维度形成了体系化的实务操作指引。2022年12月10日和24日，我分别在广东省律师协会申诉再审专业委员会和湖南省律师协会民事专业委员会主办的专题讲座上，作为嘉宾分享了上述总结经验及对再审重难点问题的分析，两次分享超过六万人次在线收看，获得了广泛的积极回应。

其二是担保，担保制度解释颁布两年之际，我们重磅推出了合计十余万字的《公司担保争议解决双年观察》《上市公司担保合规审查指引手册》，聚焦《担保制度解释》颁布两年后规范的体系风貌与实践的百般样态，为未来担保裁判的意见格局提供预判；后者着眼于上市公司担保新规颁布后从裁判视角应对监管要求，全面梳理了担保审议及披露的合规审查操作要点与注意事项，进而能在前端风险防控和后端争议处理为公司法务同仁提供全流程的协助。

同时，在传统担保领域，我们也持续关注现实困境的处置与历史遗留的解决。前者如在房地产行业风险频发的当下，就商品房预售场景下的银行融资疑难，我们已经推出《银行为商品房预售出具的同意函件效力研究》，为这一历史包袱位奉上契合体系逻辑与现实预期的解释方案，获得了司法机关、金融机构的广泛关注和较高评价；在此基础上，延续“房地产纾困”与金融债权实现，我们还会陆续推出“商品房按揭停贷的合法性以及银行的应对”“预抵押的存续及其优先受偿效力认定”，为各金融机构的法务同仁提供相应策略；针对“后资管新规时代”的刚兑措施，依托高度敏感的政策识别和走向把握，我们对其效力评价的处理层次与考量要素进行了体系化的分析，为同业划定交易设计及诉讼处置的路线图。后者如针对最高额担保所涉的常见疑难，我们结合办案经验以及学理研究，已经推出《最高额担保疑难问题杂论》，厘清了最高额保证的界定、保证期间、被担保债权范围三大问题；今年年初，我们会再移步非典型担保，对金融领域常见的明股实债、非典型担保进行讨论,从界定识别、效力认定、效果配置三层次化解实践场景下的高发误区。

4. 我们知道任何一个客户代理案件，都需要企业法务部同仁与我们外部律师进行密切高效的合作。您可以谈一下企业法务部在配合诉讼律师进行诉讼案件管理过程中，都有哪些需要注意的点吗？有什么相关的诉讼技巧和手段进行传授？

陈耀权：大多数诉讼案件的成功，都包含了外部律师和企业法务的共同努力。我们合作过的一些优秀的企业法务，在配合诉讼律师进行诉讼案件管理的过程中都做到了以下几点：

其一，如实充分披露事实情况。选择专业、可信赖的诉讼律师团队，并且给予律师重复的信任，充分披露可能对案件有影响的事实背景和业务情况。

其二，能根据律师的建议，及时在公司内部找到与案件相关的证据。企业是一个复杂的组织，很多业务证据并不由法务部掌握，而在财务、业务、客服、销售管理等部门人员的手里，优秀的法务部门能协同其他部门的同事，找到证据。如果证据对我们有利，那能帮助公司实现诉讼请求；如果证据对我们不利，那律师也能提前做出应对预案。

其三，借用案件，改善公司内部风控管理，提升公司治理能力。企业经营发生争议，是非常正常的情况，但每个诉讼仲裁的发生，也是企业经营风险集中爆发的场景。为什么会发生争议、公司管理的薄弱环节发生在哪里，都是优秀法务团队在诉讼过程中经常跟我们探讨的内容，天同也会在案件结案后给客户做一个案件总结，帮助客户更好地改善公司的风险控制，转危为机。

5. 可以谈一下您对企业法务内部搭建诉讼团队的建议吗？对于企业法务工作者而言，您觉得在不同的时期，应该分别具备什么样的能力？

陈耀权：企业内部是否搭建诉讼团队、如何搭建团队，要视乎有多少诉讼案件以及以何种类型的案件为主。不少企业的法务部编制不多，尤其是在企业利润有限的情况下，要求公司增加更多的人员编制可能有困难。但无论什么时期，懂得与内外部伙伴良好沟通、充分合作的法务工作者，都能获得成功。

企业的经营涉及方方面面，法务要解决的法律问题也涉及公司经营的方方面面，像一个企业的体检医生、家庭医生。某种程度上，企业法务类似于全科医生，而外部律师则是专科医生，像我们就经常开玩笑说自己是三甲医院的外科大夫。全科医生与专科医生都必不可少。好的全科医生的功劳不仅在于日常的预防、诊疗和保健，也在于能于高危情况出现时、第一时间找到行业内最适合的专科医生，能及时识别风险、不延误病情，如果动完手术还能回家做好复健，那就实现了帮企业健康发展、保驾护航的法务价值了。

6. 您在业界取得过非常多的荣誉，其中就包含钱伯斯全球（Chambers Global Guide）争议解决领域领先律师、钱伯斯亚太（Chambers Asia-Pacific Guide）争议解决领域领先律师等荣誉，可以谈一下您获得各项殊荣的感触以及对未来工作的展望吗？

陈耀权：我认为获得这些荣誉的根本原因在于天同及我本人二十年来在争议解决领域的专注与坚守，但更离不开客户的信任，离不开天同同事的默默付出。我一直说所有荣誉属于全体天同人。当然因各种原因，还有很大优秀的同行未能上榜，他们也应受到同等尊重。未来，我们将坚持做难而正确的事，坚守高度一体化，深扎争议解决之根，坚持专业领先，相信专业制胜；不断探索新领域、捕捉新趋势、提炼新思考，扩展专业极致的内涵与外延。

7. 您跟LCOUNCIL有过初次的合作了，可以谈一下您跟LCOUNCIL合作之初，以及合作之后的感触吗，对LCOUNCL有着怎样的评价？

陈耀权：LCOUNCIL作为一家专业成熟的体系化法律培训平台，其最大的特点体现充分挖掘了法律共同体的互惠性、成长性。一方面，就知识层面，LCOUNCIL能够精准识别法律人对解决各领域实务疑难及热点的需求，及时匹配该领域的专家进行答疑解惑；另一方面，就业务层面，基于平台点对面的宣传，让 “术业有专攻”的专业人员有机会发现并化解处处寻医问药的“疑难杂症”，进而实现双赢。

LCOUNCIL 走近天同律师事务所

天同律师事务所成立于2002年，致力于在重大复杂商事争议解决领域，成为最可信赖、最受尊重的伟大律师事务所。建所至今，天同一直坚持“不求最大，但求最精、最专”的理念，遵循“在最擅长的领域做到最好”的发展战略，为客户提供“诉讼+仲裁+执行+破产”四位一体的全流程服务，最大限度保障客户的合法权益。

天同拥有专业、高效的律师团队，基于模拟法庭、诉讼可视化、案例大数据等现代诉讼技术和手段，在各级人民法院（尤其是高级人民法院及以上）及主要仲裁机构有着令人称羡的出色成绩。天同代理的案件中逾40件收录于《最高人民法院公报》《商事审判指导》《民事审判指导与参考》《立案工作指导与参考》《审判监督指导》等民商事审判核心刊物，部分案件更是被最高人民法院确立为指导案例，在民商事审判领域发挥指引作用。

天同以参与打造更加公平、正义的法律生态圈为使命，于2014年创设国内最有影响力之一的法律专业自媒体——微信公众号“天同诉讼圈”，持续分享原创专业文章，传播诉讼正能量，已拥有逾55万订阅用户。天同用近十年时间，借鉴英美判例法国家的钥匙码编码方式，收集、梳理、提炼司法判例的裁判规则，形成4200万字的“天同码”系列丛书，开创中国独特的案例编码体系。

天同广受业界及客户认可，分别在2021年和2016年荣获司法部和全国律协颁发的“全国优秀律师事务所”称号。同时，多次荣获钱伯斯争议解决领先律所、The Legal 500争议解决领先律师事务所、亚洲法律杂志（Asian Legal Business, ALB）年度诉讼律师事务所、Asialaw Profiles争议解决高度推荐律师事务所、LEGALBAND争议解决领先律师事务所、《商法》（China Business Law Journal, CBLJ）年度争议解决卓越律所等奖项。

LCOUNCIL Profile of the current issue

Chen Yaoquan

Tian Tong Shenzhen law firm, founding partner, director of Shenzhen Branch Office

Chen Yaoquan has more than 20 years of legal practice experience, and has represented more than 120 civil and commercial litigation cases in the Supreme Court. He has accumulated rich and unique practice experience in the field of complex and difficult civil and commercial litigation. In particular, he is good at dealing with disputes in civil and commercial areas such as guarantee, company, finance, securities, bills, contracts, property rights, etc, and has a leading role in filling the legal gaps in a large number of cases,They have been included in the Supreme People's Court Gazette, Guidance and Reference on Commercial Trial and other Supreme Court trial business guidance books.

Commercial Law (China Business Law Journal）A-List 100 Strong Elite Lawyers.

As the head and business director of Tiantong's litigation practice team, Chen Yaoquan has established and improved the litigation practice team's work model and case process management system, which is of great significance to ensure that we provide efficient and high-quality legal services to our clients.

Awards received

Chambers Global Guide Leading Lawyers in Dispute Resolution

Chambers Asia-Pacific Guide Leading Lawyers in Dispute Resolution

Albemarle China's Top 10 Litigators

LEGAL BAND Top Lawyers in China in Dispute Resolution (Litigation)

LEGALBAND China Customer Guide Dispute Resolution Leading Individual

Benchmark Litigation Asia Pacific Business & Transaction Dispute Resolution Star

The Legal 500 Lawyers in Dispute Resolution

Commercial Law (China Business Law Journal）A-List 100 Strong Elite Lawyers

LCOUNCIL an outline of this interview

You and your team have a lot of experience in litigation representation. Can you talk about how you help your clients carry out effective litigation services? And what is the core difference between you and other lawyers when representing clients?

Chen Yaoquan：Personally, the fundamental method to provide efficient litigation services is to be truly attentive to clients. Based on which, Tiantong has four aspects of experiences to share with you.

First, the standardized business process. Tiantong has had a 41-step standardized business process from early on, to which different branches and members all assiduously stick, ensuring that the litigation services of high and uniform quality can be provided. In December of 2012, Tiantong officially launched "Tiangong" internal case-handling system and achieved the online collaboration of the standardized process. Accordingly, different types of cases are left flexible room for adjustment based on case-specific principle, which better caters to the various needs in cases of different categories, regions, and stages in the litigation. In return, this bestows full and long-lasting vitality on Tiantong’s standardized business process in the era of paperless office work.

Second, the team-based operation mode. When Tiantong provides litigation services for clients, it always insists on providing services as a whole team, instead of designating only one principal to handle the case, let alone the mode that "big lawyer accepts the case, small lawyer handles the case". From the aspect of daily communication, no matter which undertaker the client inquiries, the client can receive effective response at the fastest speed, with the accurate and detailed information about the case. In terms of quality control of case-handling, colleagues offer sufficient and efficient support mutually inside Tiantong. In order to solve a complicated and difficult case, we can quickly convene all the core backbones to participate in the "business committee", to provide expert diagnosis and analyze the litigation strategy in detail. This kind of team-based operation mode always serves as an important means for us to enhance the experience of client and ensure the quality of service.

Third, the visualization of services. Generally, the litigation services penetrate into the whole process of professional support provided by lawyers to clients, but they are intangible and difficult to perceive. To ensure that clients have more specific and comprehensive understanding of the litigation services, Tiantong always develops work plans, provides Contact Letter at multiple stages, visualizing the intangible service in writing. Tiantong strongly believes, the success of litigation not only depends on the professional support of its legal team, but also on the mutual understanding and efficient communication between the clients and their lawyers.

Fourth, the moot court. For every important case, Tiantong’s legal team will conduct internal rehearsals before the trial, to simulate all possible viewpoints in the trial, and polish the trial scheme accordingly. This process helps us better adapt to the real state of the trial, tests litigation strategies from different angles and prepares corresponding plans. Moreover, this ensures lawyers can respond to all kinds of unexpected situations more calmly and comprehensively in real trial, effectively output key arguments in the limited time allowed by the court, and eventually fight for the winning of the lawsuits.

Tiantong has three core advantages as to its representation in litigations.

First, there must be trade-offs. On the one hand, Tiantong has selected the business field suitable for its long-term commitment. Since this law firm was established 20 years ago, Tiantong has been basically specialized in dispute resolution, striving to do the best in this field, which makes it capable to provide clients with the most reliable and high-quality services. On the other hand, Tiantong also chooses the clients who respect the lawyers’ work to provide meticulous services. We firmly believe that a harmonious relationship is the foundation of success, the clients’ trust and recognition are of great significance for the case to proceed smoothly, which can also maximize the value of lawyers' profession.

Second, sincerity is the greatest power. When communicating with clients, we are always honest about what we know about the case, what we can do and cannot do, we never boast about ourselves. At the same time, we keep improving our expertise, dare to make judgments and decisions, and try our outmost in every case to provide clients with valuable legal services.

Third, it is all about "us" rather than "me". Tiantong is a closely-connected ideal team. For any case, Tiantong will exert its full efforts to deal with it, our partners are always on the front line of handling cases, working together with each committed members, to take full advantages of the team collaboration. Meanwhile, Tiantong also recognizes the key role of clients’ support and assistance, without which our lawyer could not handle the cases well only by ourselves. Only if we gather all the unitable forces, endeavor to do our best with other parties, can we make our desires come true.

Among the many successful cases you have represented, can you tell us about the most challenging and impressive related cases, and what key details in the process of litigation can arouse the vigilance of our colleagues in the Legal Department?

Chen Yaoquan：I would like to share the retrial case that was just closed in this year with you, it was about the tort liability dispute between a state-owned bank and a listed liquor company. In this case, the liquor company was defrauded by criminals who sneaked its deposit in the bank away, and the company asked the bank to compensate for its losses .The Hunan Higher Court held that the bank should bear all the responsibilities. We applied for retrial on behalf of the bank, and the Supreme Court finally decided that both of the liquor company and the bank should share the responsibilities according to the degrees of their fault.

I am particularly impressed by three aspects of this case. First, this case is a retrial case in the Supreme Court. Due to the great complexity of the case, the Supreme Court formed a five-member collegial panel which held two sessions and extended the review period for many times. As its agent, I also poured my heart and soul into this case, and it took two whole years from filing the case to receiving the favorable judgment. Second, this is a cross-case involving criminal and civil law, concerns the mode of “deposit in exchange for alcohol sales”, which attracted widespread public attention. As nearly 20,000 people watched the Supreme Court's retrial session online, the requirements for the agent’s advocacy was extremely high. Third, the case is extremely challenging. On the one hand, the bank president was identified as an accomplice of fraud by the effective criminal judgment, Hunan Higher Court has decided that the bank should assume the vicarious liability at second instance, so it is very hardzhiw for the bank to deny the tort committed on duty. On the other hand, Hunan Higher Court had asked for the internal opinions of the Supreme Court, so the results of the second instance represented the views of the Supreme Court to some extent, which made it more difficult to overturn than other cases.

Through in-depth jurisprudential analysis, we pointed out that the bank president's illegal and criminal acts for personal gain were not acts of duty, the employer who cannot predict, avoid nor profit from this shall not assume the vicarious liability. Besides, via the retrieval of similar cases, we found that it was obviously unfair for the bank to take full responsibility in the second instance, and the liquor company should also bear the responsibility of the losses corresponding to its fault. All opinions above were adopted by the Supreme Court in the retrial procedure. This case gives some new inspiration to us: First, financial institutions must regularly strengthen the management and training of employees, and try to avoid bank employees from taking public interests for personal gain, causing the financial institutions to assume responsibility. Second, for cross-cases involving criminal and civil law, the result of criminal judgment has a fundamental impact on the outcome of civil cases. Hence, we should intervene early in the criminal procedure, follow up its progress, fight for its jurisdiction, and strive for the favorable result as possible as we can within the legal scope.

You and your team have achieved a lot of honors and achievements in the industry, do you have any important professional achievements to share with us this year? How will this help our legal colleagues in their work?

Chen Yaoquan：This year, I have led my team to develop two series of product chain based on the expertise, experience and strategy, both of which have yielded remarkable outcomes. The first one is about retrial. Retrial is Tiantong‘s line of work, I also have extensive experiences in representing retrial cases before Supreme People’s Court and Higher People's Courts, and I am elected as the director of retrial committee of Guangdong Lawyers Association. Therefore, based on practical difficulties and judicial characteristics of the status quo, our team has comprehensively summarized a systematic practical guideline, covering four dimensions of retrial applicants, retrial objects, retrial materials preparation and other procedural issues. On December 10 and 24 in 2022, I was invited to share my experience as well as the analysis of major and difficult problems in retrial procedure, respectively in the seminars hosted by retrial committee of Guangdong Lawyers Association and professional committee of civil law of Hunan Lawyers Association. The lectures were watched and widely acclaimed by more than 60,000 people online.

The second is anchored in guarantee sphere. In the second year after the promulgation of “Interpretation of the Supreme People's Court of the Application of the Relevant Guarantee System of the Civil Code of the People's Republic of China”, we roll out “Biennial Observation on Dispute Resolution of Corporate Guarantee” and “Manual of Guidance on Compliance Review of Guarantee by Listed Companies (Second Edition)”, which add up to over 100,000 words. The former focuses on the establishing system of legal rules and construing variation of case practices, in a bid to provide prejudgment of the future judicial decisions. The latter lays press on how to comply with regulatory requirements from the judiciary perspective, sorts through the key points and precautions for compliance review of guarantee resolution and disclosure. Accordingly, we can fully assist the in-house lawyers in the whole process of front-end risk prevention and back-end dispute resolution.

Meanwhile, close attention has been attached to disentangle from the current dilemma and chronic problems in the domain of traditional guarantee. The former, such as the bank financing disputes on the scene of commercial housing pre-sale, under the background of frequent bubble burst in real estate market. Regarding this issue, we have published “Study on the Legal Effect of Banks’ Written Consent to Pre-sale of Commodity Houses On the Validity of Mortgage”. The article aims to provide a justified explanation scheme that accords with systematic logic and realistic expectation, and this has received widespread concern and high appraisal by judiciary branches and financial institutions. On which basis, we will continue to explore the topics of real estate bailout and financial claims realization, including “Study on the Legality of Arbitrary Suspension of Mortgage Loan for Commercial Housing and How Shall Bank Give Proper Responses ” and “Study on the Existence and Priority Effect of Pre-mortgage”, in hope that viable strategies could be timely offered to legal counsels of financial institutions. After the introduction of “Guiding Opinions of the People's Bank of China, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission, and the State Administration of Foreign Exchange on Regulating the Asset Management Business of Financial Institutions”, we utilize our high sensitivity on identifying policy and perceiving its orientation, systematically analyze the multiple levels and elements in evaluating the validity of rigid payment measures, and draw a roadmap of transaction design and litigation strategy for peers of legal profession. For the latter, such as the universal controversy towards maximum mortgage, we have published “The Miscellany of Problem on Maximum Mortgage” based on our case-handling experiences and academic research, which clarifies the identification of maximum guarantee, its duration of guarantee and the scope of secured creditor's right. At the beginning of 2023, we will shift our emphasis to atypical guarantee, discuss the debt investment in the name of equity investment and other types of atypical guarantee that are commonplace in financing sphere, in an attempt to eliminate the recurring practical misunderstandings in three levels of identification, validity, and legal effect.

We know that any client's case requires close and efficient cooperation between our corporate legal team and our external lawyers. Can you talk about what the corporate legal department needs to pay attention to in the process of litigation case management with litigation lawyers? What are the relevant litigation skills and means to teach?

Chen Yaoquan：The success of most litigation cases can be attributed to the joint efforts of external lawyers and corporate legal counsels. Based on our prior cooperation experiences with some of excellent corporate legal counsels, we would summarize their three advantages in case management:

First, they fully disclose the case facts. After selecting a professional and reliable team of litigation lawyers, they give repeated trust and fully inform the factual background and business conditions that may have an impact on the case.

Second, they can timely find out relevant evidence within the company according to the lawyer's suggestion. The evidence of business is usually controlled by personnels of finance, business, customer service, sales management and other departments, but the competent legal departments can coordinate with colleagues in other departments to gather evidence. If the evidence is favorable to the company, it can help realize the litigation claim; If it is not, the lawyer can also prepare a response plan in advance.

Third, they can improve the internal management of risk control as well as the company's governance ability in virtue of the cases. It is commonplace for an enterprise to get involved in disputes arising from their business, and the occurrence of each lawsuit and arbitration reveals the typical scene where operation risk outbreaks intensively. During the litigation process, outstanding in-house lawyers usually discuss with us why the disputes take place and where are the weak links of the company's management. In the meantime, Tiantong will also make a case summary after the case is closed, assisting the client to better improve the company's risk control and turn the adversity into an opportunity.

Can you talk about your suggestion to build a litigation team within corporate legal? For corporate legal workers, what kind of capabilities do you think they should have at different times?

Chen Yaoquan：Whether and how to build an internal litigation team depends on the number and types of litigation cases this enterprise gets involved. Many enterprises have a small-sized legal department, especially in the case of limited profits, so it may be unrealistic to require more legal stuff. However, at any time, legal counsels who know how to communicate and cooperate well with internal and external partners can achieve success.

Legal counsels are obliged to solve legal issues involving all aspects of the company's operation, just like the family doctor of an enterprise. To some extent, in-house lawyers are similar to general practitioners, whereas external lawyers are specialist doctors, both are essential. Good general practitioners not only help with daily prevention, diagnosis, treatment and health care, but also match the most suitable specialist in the industry at the first time when a high-risk situation occurs, so that specialists can identify illness in a timely manner without delay. If the legal counsels can assist in enterprise’s full rehabilitation after the surgery, then they have realized its value of supporting and escorting the company to develop healthily.

You have achieved a lot of honor in the industry, Among them are Chambers Global Guide's leading lawyer in dispute resolution and Chambers Asia-Pacific Guide's leading lawyer in dispute resolution. Can you talk about your feelings about winning the awards and your outlook for the future?

Chen Yaoquan：From my perspective, the fundamental reason for attaining these honors lies in the focus and perseverance of Tiantong and myself in the domain of dispute resolution over the past 20 years, which is inseparable from the clients’ deep trust and the colleagues’ unknown contribution. As I always say, all honors belong to all Tiantong members. Of course, due to various reasons, there are many outstanding peers who have not been listed in the ranking, they should also be equally respected. In the future, we will stick to the difficult and correct track with the high level of integration, get deeply rooted in dispute resolution; we will maintain our professional leadership, and firmly believe in that profession can lead to victory; we will constantly explore new spheres, catch new trends, refine new thinking, and expand the connotation and extension of professional excellence.

You have cooperated with LCOUNCIL for the first time. Can you talk about your feelings at the beginning and after the cooperation with LCOUNCIL, and how do you evaluate LCOUNCIL?

Chen Yaoquan：As a professional and mature legal training platform, LCOUNCIL's largest characteristic is that it fully excavates the reciprocity of legal community. On the one hand, in terms of knowledge, LCOUNCIL can accurately identify legal practitioners’ needs to resolve difficult and hotspot issues in various spheres, and therefore invite corresponding experts to answer their questions in time. On the other hand, concerning promoting business of legal services, LCOUNCIL fully makes usage of its advertising function, making it easier for the experts to discover and resolve puzzles within their areas of expertise and thus achieve a win-win situation.

LCOUNCIL approach the Tiantong law firm

Founded in 2002, Tiantong Law Firm is committed to becoming the most trusted and respected great law firm in the field of major and complex commercial dispute resolution. To this day, Tiantong has always adhered to the concept of "not seeking the greatest, but the most refined and most exclusive." Following the development strategy of "doing the best in the best field," we provide customers with "litigation + arbitration + enforcement + bankruptcy" four-in-one full-process services to maximize the protection of customers' legitimate rights and interests.

Tiantong has a professional and efficient team of lawyers, based on moot court, litigation visualization, case big data and other modern litigation technology and means,In the people's courts at all levels (especially the higher people's courts and above) and the main arbitration institutions have enviable outstanding results. More than 40 of the cases handled by Tiantong were included in the Gazette of the Supreme People's Court, Commercial Trial Guidance, Civil Trial Guidance and Reference, Guidance and Reference for Case-filing Work, and Trial Supervision Guidance, among other core publications on civil and commercial trials. Some cases have been established as guiding cases by the Supreme People's Court, which plays a guiding role in the field of civil and commercial trial.

With the mission of participating in building a more fair and just legal ecosystem, Tiantong established WeChat, one of the most influential legal professional we-media in China, in 2014. Official Account message template “Tiantong Litigation Circle ” , continue to share original professional articles, spread the positive energy of litigation, has more than 550 thousand subscribers. In the past ten years, Tiantong has used the key-code encoding method of British and American case law countries for reference, collected, combed and refined the rules of judicial precedent, and formed a series of books with 42 million characters, creating a unique case encoding system in China.

Tiantong is widely recognized by the industry and customers, and was awarded the title of "National Excellent Law Firm" by the Ministry of Justice and the China Lawyers Association in 2021 and 2016 respectively. At the same time, Chambers Leading Law Firm in Dispute Resolution, The Legal 500 Leading Law Firm in Dispute Resolution, Asian Legal Magazine ( Asian Legal Business, Albemarle） Litigation Law Firm of the Year, Asialaw Profiles Highly Recommended Law Firm for Dispute Resolution, LEGALBAND Leading Law Firm for Dispute Resolution, Business Law ( China Business Law Journal, CBLJ） Dispute Resolution Firm of the Year and other awards.