To Be a Tech-Lawyer ----- On Innovation of Lawyer's Practice Skill and Service Mode in the Process of Global Economy Integration

Author: Zhong Yi, Attorney at Law, Shanghai Runhe Law Firm; Translated by: Michael Ni

Global economy integration has become a basic feature of the development of the world nowadays. Only by practice and service mode innovation, can lawyers deal with the challenges and opportunities resulting from the procedure of globalization, informationization and digitization. “To Be a Tech-Lawyer! ” is the goal that I am pursuing and also the reflection of my practice experience. I hope the opportunity of discussing and studying with my professions, other lawyers.

1. Innovation on Legal Service Mode: Perseverance in research on patented technology in industry, growing up and promoting core ability of competition with customers

Specialization of a lawyer is an inexorable trend with the development of society. Simple classification of legal service can no longer meet the demands of clients and the research on patented technology in industry will be necessary for a tech-lawyer.
I began intellectual property business with technology licensing and the next is non-patent technology review in technology import and export and its projects. Then I started to do patented technology review in some non-litigation project. I am not genuine patent lawyer because I am not so familiar with patent application procedure as patent agents. It will not be a trivial project for me to catch up with those experienced lawyers in patent litigation field. Therefore, after finishing the equipment import and export project, I got down to doing research on the products and technology involving the equipment and then enlarge the scope to the patented technology in industry of that product.

I think that a lawyer, generally speaking, can never become an expert on technology if he focuses on studying some patented technology in the industry chain. However, a lawyer will gain a leading status in intellectual property services in some industry if he or she can get a general idea of public, patented and exclusive technology in some industry, circumstances of occupation and competition between inventors of such patented technology in every country and company for the reason of being familiar with the feature of technology, patent duration and the circulation of such a technology. This kind of accumulation is a long-term march combing with opportunities, which enables you encounter specialized technologies, large quantity of patent index and analysis reports If you can insist on studying, you will not render legal services negatively according to the requirements of clients but grow up and promote core ability of competition with your clients.

2. Practice Skill Innovation: The Application of GIM Technology and Legal Technology in Practice

A. Global Information Management Technology (GIM Technology)

For the industry technology in Europe and America is superior to domestic one and the protection of intellectual property is stricter, lawyers need to read a large amount of technology materials in foreign language in the review of technology transfer and product import and export projects. In the progress of industry patented technology research, reading mega amount of technology materials in foreign language is the way to do research on cutting-edge technology. In practice, even the Chinese annexed files of a contract are often claimed by domestic lawyers not included in the scope of inspection. To conquer such difficulty, I introduced GIM Technology into my practice.

GIM Technology, including Translation Memory, Terminology Management, Documents Quality Assurance and Project Management, was early used by such interstate corporations like Boeing, GM and Microsoft, etc. to create, update and manage multi-lingual technology hand books. This technology is getting more and more mature experiencing the 20 century's development but lawyers in Europe and America have not paid much attention to GIM Technology.

During the early period of interference into a new technology, I generally consulted with some technology experts to know the basic patent or core technology. Then I fixed some authoritative technology papers of both English and Chinese versions or some high-quality patent documents to create a database with Translation Memory and Terminology Management technologies which can be exploited to analyze other related patent documents. Through the adjustment and optimization to data, we not only promoted the efficiency and accuracy of analyzing technology documents but also experienced the advantages of using this technology when dealing with legal and contract drafting in the late period. Nowadays, we are trying to access to Terminology Maintenance Project of large-scaled companies and providing tech-terminology creation and management service to middle and small companies.

In my view, to some extent, the 30 years of carrying out the reform and open policy is a kind of localization of introducing foreign fund and technologies. More and More companies will merge into the globalization of world economy and at that time GIM Technology will be a powerful weapon for lawyers.

B. Legal IT Technology (Legal Technology)

The files stored in hard disc of computer have sharply increased by time. Most of the lawyers don't pay attention to those problems like how to find a file we need, how to share data with team members, how keep data security, etc.
From 1996, America, as the representative of western countries, has made great progress of digitalized litigation procedure. Legal Technology has become the essential skill of becoming a lawyer. Besides professional consulting companies provide specific technology support, Bar Association also hand out instruction regularly to promote the efficiency of manufacturing.
From December 1, 2008, courts in Shanghai have launched the system of recording cases, which has marked the digitalized litigation procedure. But viewing from Legal Technology, domestic situation is far lagging behind western countries. No specific body is doing researching on it due to the ignorance of its prospection. Previously, I can only get help from Legal Technology information abroad like Westlaw, LexisNexis and CCH and the application of professional database like Total Patent, CompuMark, SAEGIS and Ocean Tomo and so on. Some Legal Practice Management Software which were bought in America last year have been proved that they can promote the efficiency of our team. Office software, e-mail and internet have brought a new working mode for lawyers, while Legal Technology will cause another new reformation for lawyers. In the future, a digitalized legal service time, lawyers who have a good command of Legal Technology is sure to gain advantages

Conclusion:

“People who want to dissect a bull, that must sharp the knife”, in the irrvocable trend of globalization, digitalization and informationization, a tech-lawyer should improve and innovate the following skills constantly:
• Legal Expertise: Makes a qualified lawyer;
• Industry Patented Technology Research: Grow up and promote core ability of competition with clients;
• GIM Technology: Meet the requirement of global publication of clients' information;
• Legal Technology: Promote the efficiency of service and face the challenge arising from the digitalization of legal service.

“To Be a Tech-Lawyer!” More Tech, More Billing !