Personal Statement for law school
... providing illegal software downloads to customers each month. During the course of my legal practice, I also made significant achievements in social activities. I have been assisting the Business Software Alliance (BSA) in promoting the “Model Code of Conduct in Relation to Intellectual Property for Online Service Providers” in China since 2000. It was the first time for a self-discipline practice aimed at curbing the online distribution of pirated and counterfeit products to be introduced into the Chinese Internet services society. The programme received positive response from protagonists in the relevant business. Furthermore, it also attracted the attention of the local legislators in Guangdong Province due to my speech at a government forum at which the issue of public policies were discussed. Local legislation on e-commerce is expected to be promulgated in the short term, into which some of the fundamental principles introduced by the Model Code of Conduct may be incorporated. It is a unique experience for a young Chinese lawyer to be involved in such a large number of cross-border transactions and social activities. Owing to my unique experience, I have developed skills in many aspects of legal practice, including legal document drafting, negotiation and advocacy. These skills, coupled with my legal knowledge, have in turn helped me develop much confidence in myself. My contribution to the business cooperation between China and the rest of the world can be greater given that China's economy is still in a transition period. China's industrial and services sectors are undergoing dramatic reform using foreign investment and borrowing foreign experience. However, owing to the differences in legal framework, market conditions and business culture between China and western countries, foreign investors' business operations in China are often complex. This has been well demonstrated by one of the transactions I dealt with. This year, I advised a European loudspeaker company which has well established brands and advanced technology on a joint venture and trademark licensing project. The other party of this project was an ambitious Chinese HiFi manufacturer with great manufacturing capability and well-developed local distribution channels. The parties anticipated a win-win situation when this deal was launched. However, the negotiation on the legal documents progressed in a way which was far from smooth. One reason behind this was that the documents involved various delicate legal and business issues. Moreover, the difference between the parties' business cultures was significant, which was a major barrier in the parties' negotiation process. "Why do we need these papers? I have never signed a single contract which is more than two pages but I still made my 1,000 shops successful," said the President of the Chinese company when he first saw the piles of draft contracts of hundreds of pages. For a Chinese businessman, it is not surprising if he, in making decisions, gives the highest priority to relationship, then considers company rules and finally, takes into account legal principles. During the following weeks, I managed to provide with him an incisive explanation of the legal principles contemplated by the contracts. I also endeavoured to change my drafting style enabling the documents to be both user-friendly as well as legally workable, that is, to make the documents to be tailored to meet the parties' business needs, and to address every major legal issue. In the end, I convinced the President to believe that the adoption of well-prepared legal documents and the provision of precise legal advice are not detrimental to the friendship. Conversely, they laid a foundation for the healthy and long-term business relationship between his company and its European partner. The story had a happy ending, and its far-reaching influence remains to be seen. I understand from this case that the expansion in the size of China's economy itself does not radically change the Chinese business culture, neither does it transform the Chinese business community from one driven largely by relationship and bureaucracy to the one governed by well-developed systems and rules. To enable China's economy to form an integrated part of the global economy, it is paramount that radical reform in China's business culture and significant improvement of the Chinese legal system are carried out. I believe that legal practitioners have a duty, and are in a position, to contribute to the development of the Chinese legal system and business culture. This can be achieved if we have an in-depth understanding of universally-recognised legal principles, and have good ability in reconciling the different needs of the parties involved in the business through using ...