This issue for the law interviewed Hubei Ruitong Tianyuan law firm's first partner, lawyer Xiong Tianyi. She shared with us her study experience, career path and work content, and put forward her own views on the career planning of young legal professionals.
Lexloong: Please introduce yourself briefly
Xiong Tianyi: I used to be a national champion swimmer. I began to learn swimming at the age of 4 and won the gold medal in the 400-meter freestyle at the National Spring Swimming Championships in 2004. After retiring, because of my excellent performance in sports, I got the opportunity to enter the university through sports special admission. I chose law as my major, on the one hand, because of my family's expectation on me, and on the other hand, because law can skip mathematics, physics and chemistry and realize a smooth transition from athlete to student. After graduating from university, I decided to study in the United States and obtained a Master's degree (LLM) in Comparative Law and International Law from Southern Methodist University. After returning to China, I started as a lawyer assistant and has been engaged in the law industry since then. At present, I am the first partner of Hubei Ruitong Tianyuan Law Firm.
We know more about domestic arbitration, but we may not know much about international arbitration. Could you introduce the field of international arbitration in detail?
Xiong Tianyi: International arbitration, to be honest, is a relatively niche field, but it has been known and adopted by more and more clients as a dispute resolution method, with unique procedural rules, which often requires the logic and background of the Anglo-American law system, as well as rich experience to be competent. English is only the lowest threshold for international arbitration. For example, fact witnesses and expert witnesses are often introduced in international arbitration, and the rules for questioning and cross-examination of witnesses are completely different from those of domestic litigation arbitration. Secondly, since more than 100 countries in the world are parties to the New York Convention, so that a foreign arbitration award can be recognized and enforced by the contracting states across national borders, and a foreign judgment to be recognized and enforced by other countries needs to be based on treaties signed between countries, the principle of reciprocity and other preconditions. And judgments that actually succeed in being recognized and enforced by a state are rare. However, foreign-related cases often need to be executed outside the country, so international arbitration has the unique advantage of being recognized and executed by other countries.
Learning Part
Lexloong: What advice do you have for prospective LLM students?
Xiong Tianyi: I didn't make much preparation and planning when I went to study LLM before, so I didn't have much experience in course selection. I chose Property Law, which is the biggest difference between the common law system and the civil law system, so I still didn't understand it after two semesters. Therefore, my advice to the students who are going to study LLM is that there are many free Outlines of American law courses on the Internet, both in Chinese and English, so you can preview them in advance and get ready. In addition, if you plan to be admitted to Bar, you may consider taking some compulsory courses of Bar, such as contract law, civil procedure, etc. Although property law is also a compulsory subject, due to my poor listening experience, Personal suggestions can start with the Chinese and English outline and do questions to fully meet the bar requirements.
Working Part
Lexloong: How did you enter the practice of law?
Xiong Tianyi: After completing my LLM studies, I returned to China and worked as a paralegal in a well-known law firm in Shanghai. My tutor had a profound influence on me, I learned a lot there, especially the serious and sincere attitude towards work, which has benefited me to this day.
Lexloong: You participated in the Senior training course for foreign-related lawyers of the Ministry of Justice as an excellent foreign-related lawyer in Wuhan. Would you like to share with us what you have learned from this course?
Xiong Tianyi: The background of this class is that under the current international situation, many outstanding enterprises in our country encounter difficulties in the process of "going to sea", and a large number of foreign-related lawyers are needed to participate in helping the country to help enterprises solve their problems. Therefore, the country needs to vigorously train a group of high-quality foreign-related lawyers from the strategic level. This time, the Ministry of Justice selected 300 lawyers from all over the country, of which 4 are from Wuhan, and I am fortunate to be one of them. The training course is organized by China University of Political Science and Law, University of International Business and Economics and Renmin University of China. The training method is intensive and lasts for three months.
The training content is mainly British and American law, foreign compliance, such as export control, economic sanctions, anti-monopoly anti-dumping, overseas intellectual property protection and so on. At the same time, it will also carry out practical exercises, such as simulated American court trials, Beizhong simulated commercial arbitration and other practical activities. These training contents are very helpful for enterprises' knowledge in legal practice fields such as foreign compliance, foreign litigation or arbitration.
Another very big gain is that I got to know a group of like-minded partners, all of whom are excellent foreign-related lawyers from all over the country. When we get together in the school, we feel like going back to our school days. We have classes and classes together and go out together every day.
Lexloong: If a student wants to do foreign business in Wuhan, do you have any advice?
Xiong Tianyi: Wuhan, as a new first-tier city, also has a demand for foreign-related legal services, and many local companies in emerging technology industries and state-owned enterprises need the support of foreign-related lawyers.
At the completion ceremony of the training of the Ministry of Justice, I mentioned that I should be a lawyer with family feelings, and I also agree very much. As Han lawyers, we also need to contribute to the construction of foreign-related rule of law in our hometown, so I also appreciate the plan of some students who want to engage in foreign-related business in Wuhan. Only because the foreign-related legal market in Wuhan is still in a state of development, there are not too many foreign-related lawyers in Wuhan, so it is recommended that you can learn more about various ways before applying for a job, and strive to join your favorite team.
Advice for young legal professionals
Lexloong: What advice do you have for new law students?
Xiong Tianyi: In the internship or the early stage of practice may start from an assistant position, but my suggestion is not to really put yourself in the position of an assistant to think, complete the task assigned to you by the teacher, but think that I am doing it for myself. Organize and think, and as you grow up, you will find that these experiences have become your own.
As a female partner of such an excellent law firm, what advice or encouragement do you have for women who also want to practice law?
Xiong Tianyi: Women in the career path may face fertility problems, as a partner I will give the greatest possible help, but in fact, this also needs the support of the family, the other half can support your work, support each other, tolerance.
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