The 6 weeks’ PRC Elites Lawyers Training Course ran from 2nd November 2014 to 12th December 2014. Indeed, “time flies when you enjoy it”. As one of lucky 47 so referred Elite PRC lawyers selected by All China Lawyers Association (ACLS), the undersigned is delighted to share her impression and thoughts in brief as following.

Part I: Training and Activities in General:

1. Exceptional organisation of the Legal Training Course by Garrigues Law Firm (“Garrigues”) and the associated activities.

As we understand, Garrigues is the largest full-service law firm in continental Europe. Throughout November 2014, we had the pleasure of attending lectures with PPT handouts for the class. Our lecturers were given by prominent professors retained by Garrigues Centre of Studies, partners and senior associates of the firm. All of them gave their best to share their expertise with PRC lawyers on legal disciplines and on topics such as energy law, EU law, international disputes resolution and international shipping law etc., to name a few. Ms. Carolina Pina, another lady partner, and a bright senior associate gentleman also gave very impressive and informative lectures on IP law.

Though most of my attending PRC colleagues may have lacked interest in shipping law, Mr. Markus Gomez and Partner Jesus Barbadillo (head of the shipping law department of Garrigues) prepared detailed shipping law lectures covering all major aspects of shipping law and case law discussion, including useful copies of the relevant international conventions. I am truly impressed by their diligent attitude. It was through their excellent lectures, that the undersigned came to know Gibraltar as not only a strait but as a British overseas territory with a separate jurisdiction based on English common law.

2. Never too late to learn

We were very lucky to have had Professor Inigo del Guayo give us an insight into energy law. He is a leading academic in this field. He explained clearly the basic framework and principles of energy law, with patience, good manner and respect for the different culture of my PRC colleagues. During our visit to the Spanish Supreme Court on Saturday 6th December 2014, we had a chance coincidently meeting him outside of the court building.  He told us that he was on his way to his German language class. Such a knowledgeable and well-respected professor has been attending German language lessons on weekends to learn a new foreign language! It appeared that nobody in our group could communicate well in Spanish. Prof. Guayo is such a humble, brave and excellent example for all of us “Live and learn”. It is never too late to learn.

3. Visits to institutions

Most impressively, Garrigues also arranged for the entire class to visit various relevant institutions. These included the Foundation Author and the Madrid Arbitration Centre (Cámara). We were well prepared in advance to have a mock arbitration at the Cámara. We were divided into 4 groups with two groups to prepare/debate on procedural issues and the other two groups to debate on the merits of the claims. The Lady Chairman and attending arbitrator provided us with feedback based on the performance of each group/participants, which were really good experience for us.

We also visited the Society Authors of Composition Dramatiques (“SACD”). We enjoyed the gorgeous historical architecture of the SACD building in Madrid. We learned that SACD was founded on 7 March 1829 and is a French collecting society, responsible for the management of collective rights of authors. Around 50,000 authors from various artistic backgrounds have gathered under the banner of SACD. The organisation promotes the distribution of rights under equity and non-arbitrary principles. Its obligations include contracting with all users; fixing general tariffs; working against natural monopoly; celebrating general contracts with the remuneration of rights.

4. Football match at the VIP lounge – Hospitality of Garrigues, international vision of SOXNA and football as part of the Spanish culture. .

Before the end of the training course, Garrigues offered on a random basis (by a lottery) for 5 VIP tickets for the UEFA Champion League match -fighting between FC Real Madrid and PFC Ludogorets Razgrad on 9th December 2014. The undersigned was one of the few lucky ones who won one VIP ticket by lottery among all classmates.  We did not realize that the tickets were for very VIP lounge until our entry into the stadium, which has in total about 20 seats.  Each ticket was said worth well over EUR200.

The service provided by two professional beauty waitress and chef at the VIP lounge was excellent. A wide range of beverages and delicious freshly prepared fine food were served during the full session of 90 minutes and breaks.  We were treated by SOXNA to a special toast of a traditional Mexican drink after the end of the match to celebrate.  We learned from this special experience that SOXNA has been promoting football training with the National Football Administration in China, and has signed a Training Cooperation Agreement with the well-known Evergrande Football School as well as others in China. In the past 3 years, SOXNA also assigned professional coaches to Deyang, Sichuan Province in China to explore football training and cooperation. Before our entry into the stadium, we saw quite a number of local families bringing their children to watch such high-level football matches. I was left with the impression that football is very important in the upbringing of the Spanish youth.

5. Senior partners shared their expertise on law firm management

The final two weeks’ practice was mainly held in-house at the offices of Garrigues. Mr. Angel Calleja, Senior Partner of Garrigues, kindly shared with us his expertise on law firm management. He emphasised on the culture of a law firm and the importance of educating lawyers from trainees to understand better the culture of the firm, rather than spending money in recruiting senior lawyers. He is of the opinion that firm culture should simultaneously propel the firm towards sustained profitability and its professionals towards a successful career.  In addition, it is essential for the professionals to be exposed to the culture of the firm from the moment they join, and for them to feel that they belong, as it is the new generations that ensure the future of the firm and its profitability.

It is worth quoting Mr. Angel Calleja’s summary on Talent, Clients and Profitability:

“An organised firm attracts and retains the best by guaranteeing their careers better; An organised firm better protects the brand, encouraging long-term commitment with the market; and an organised firm projects its profitability beyond the short term”.

It is essential to bring new faces and fresh blood to the firm from time to time. First class lawyers ensure first class services. It is important to have a good system of regular assessment of lawyers’ performance and to review their salary from time to time.

The senior partner of King &Wood Mallesons (Madrid) office, Mr. Carks Pazos shared a similar view on law firm management during our visit to his good office. He became a salary partner in his 3rd year and became an Equity Partner in his 4^th year at the firm’s Madrid office, which is unusually quick. Specializing in M&A, Corporate and Funds, Mr. Carks Pazos shared with us interesting comments including that:

i) China is commonly regarded as a leading economy and trade centre;

ii) Collective structure of a firm is important, it is essential for partners to retain talents (talent retention/promotion/principal linked to profitability), as best people offer best service and ensure clients’ satisfaction;

iii) It is not for the referring partner/clients partner to do everything (if not a specialist in the matter), that is not in the interests of clients, nor in the interests of the law firm;

iv) It is essential to keep a healthy competitive relationship among partners (not burdened by fee-earning); to realize professional risks and responsibility/commercial liability; to keep people working happily together (as a team). Usually the more multi-national the deal is, the more profitable the business is.

v) Partners should be reminded to manage the firm with a mind for the next generation, be supportive of young partners by dropping profits, modernising the firm for the coming generation.

vi) Fee Sharing Scheme (financially independent) of an international firm and its branches) is important; lawyers of an international firm are autonomous to certain degree only;

vii) Technical knowledge counts for only 1/3 of the skillset of a good lawyer, the remaining 2/3 is communication skills (with clients, counterparts, court/tribunal etc.).

6. Visit to MAZARS- law & accounting firm, & law firm ADARVE (Yingke in Madrid)

Through the kind introduction of classmate, we had the good chance to visit the headquarters of MAZARS accounting & law practice in Madrid. I was impressed that some of the legal professionals there also possess accountant/economist expertise; charging their clients very reasonable and flexible fees.

As an international, integrated and independent organisation specialising in audit, accounting, legal, and business advisory services as well as transaction services and outsourcing, Mazars in Spain has just celebrated its 25th anniversary, with 350 professionals and presence in 7 cities in Spain. The 6 Core Values of Mazars are Integrity, Responsibility, Diversity and Respect for the individual, Technical excellence, Independence and Continuity (relationships, experience and knowledge survive)[1].

7. Yingke law firm (Madrid), is in association with the local Spanish law firm ADRARVE[2], gave us a brief in-house lecture on the topic of “Immigration Green Card /Investment in Spain”. This was followed by a cocktail and flamenco show at a nearby pub. They presented the book “Litigation in Spain” to attending representatives. Their commercial awareness and warm hospitality to Elite Chinese Lawyers impressed the undersigned.

8. Visit to Brussels, Belgium (25-29th November 2014)

This was my 2nd visit to Brussels. My first visit was back to September 1998 following my LL.M graduation in Southampton Univ. in the UK, at that time I was impressed by the tourist attractions. While this time Brussels impressed me most was its unique function as a political centre and Capital of the EU and Europe. Those in-house lawyers/technicians/economists working at the European Parliament, European Council and European Investment Bank (EIB), whom we met, all appeared to be proud of working at such an international hub. Although they may not be paid, they all look confident and content in general, it is said most of them qualified to speak/command at least 4 languages!

The European Investment Bank (EIB) is the bank of the EU. Founded in 1958 under the Treaty of Rome, it operates in the 28 EU member states and more than 130 other countries, with 93% of its financing is for projects within the EU member states, candidate states and prospective candidate countries, in particular to support energy and environmental projects within the EU. The EIB has been authorised to operate in Asia since 1993. EIB supports investment projects in developing economies and priority is given to climate change mitigation, and in countries with which the EU is developing strategic partnerships, such as China and India.

The EIB has its financial advantages, and once invested in the Beijing Capital airport and has attached great importance in the developing Far East Asia area. The EIB has a good system of assessment of credit risks, nominees, erosion compensation, biodiversity, forestry schemes, and illegitimate scheme assessment.

Our visit to key EU bodies in Brussels and through attendance of in-house lectures given by officers /staff of each organization, much improved our better understanding on the EU organisations and the level/enforcement of EU legislation/Directives.

Our visit to the Brussels’ office of Garrigues, was on the afternoon of 25th November 2014. Their key partners’ in-house lecture gave us a brief idea on the importance of EU law and why leading international firms all set up offices in Brussels.

9. Visit to Portugal – impressed by the hospitality and high professional standard of Portuguese law firm ABREU Advogados[3], a good glance of Portugal

During 14-16th November 2014, through the so kind arrangement of our dear classmate Dr. WU Yuhong, our group enjoyed a pleasant visit to Portugal. All visiting schedules were kindly arranged by the reputable Portuguese law firm Abreu Advogados.

On 15th November morning, we visited law firm Abreu Avocados. Although it was Saturday morning, over 20 of their lawyers and administrative staff were waiting for us at the office. Their newly elected Managing Partner gave us a welcoming speech. The undersigned was impressed by the firm’s hospitality, every corner of their office was perfectly decorated and in good order. They have many leading light lawyers in different practicing areas. I was lucky enough to have met one of their shipping partners Francisco Patricio.

The firm’s Clients Relationship Manager was Ms. Rita, she picked us up from the airport on Friday evening and accompanied us the whole Saturday and Sunday mornings. She showed us around the city’s most famous Cathedral, historical architecture, and arranged a tour bus taking us to popular tourist’s resorts outside of the city.  We enjoyed the fabulous Sintra and its Palaces (city centre and Palacio da Pena; Monserrate, Regaleria, Vila), S. Pedro –older “borough” of Sintra.  I was embraced by so fresh air and breathtaking views of green forests and vineyards. We visited the awesome Cross (Crucifixion) at Cabo da Roca - the most western point of Europe where the land ends and the sea begins, so amazing!

The firm’s Chinese Market Manager (nick Chinese name: Xiao-Long ) rode on her cool motorcycle, waiting for us long time on our halfway back to Hotel for checking-out, she  presented each of us with a colorful copy of picture taken on 14th November 2014 at the memorable Cabo da Roca – with unforgotten clever note writing on the picture - from ABREU Advogados - "East meets the West" in Portugal.

10. Values of ABREU Advogados

The firm strives to pursue excellence and exceed the expectations of their clients, by focusing on the provision of services with an added value. Any Lawyer can become a Partner and each Partner has one vote, the equity in the Firm being equally divided between all Equity Partners. They want the firm to serve as an Institution that will survive long after the departure of its founding and existing Partners.

At the top of priorities and of their values is the Individual. The firm strives to provide the best conditions for the professional and personal achievement of its Lawyers and Staff and promotes a balanced and healthy lifestyle. Through its probono policy and the many initiatives it undertakes regarding social responsibility issues. The firm is committed to its role as a member of the Community and to contributing to the construction of a Society based on sustainable development. The firm also devotes great care to organisational issues and has invested significantly in technological innovation and management capabilities. ABREU - such a wonderful firm! Such friendly Portuguese ladies and gentlemen!

Part II. General Impressions and Thoughts of Spain:

1. Spain is a country with an advanced legal system, high-level legal professionals and utmost respect for the Constitution.

Through lectures, we met over 20 lawyers at Garrigues, including famous professors, leading partners and energetic senior associates, they all have good command of English and truly know what they are talking about, responsible and diligent during classes, listening and response to our questions.

During my visit to the Sophia National Museum on 6th December 2014, as unexpected pleasure, the notice board read that – “in order to celebrate our Constitution Day, admission fee to the Museum is free of charge”. This short notice reflects that Spain attaches great importance to Constitutional rights, which is respected.

2. Spain is a good platform for investment in South America

Through the 6 weeks’ short training course, it is my impression that Spain is a platform for investment in South America (as most countries in South America speak Spanish and have signed bilateral treaties with Spain with preferential tax/ duties). It is said that is popular to set up a Special Purpose Vehicle in Spain to make full use of tax consolidation and other favorable policies, which can assist third party investors achieve high profits.

Other good investment platforms (tax heavens in EU) including Luxemburg, Netherland, Ireland, all having signed DTA (Double Tax Agreement/treaty) with Spain, or have good relationship/in good term with Spain. If a company is incorporated in Luxemburg but managed in Spain, it can be treated as Spainish capital gain, since company’s residence is in Spain, which is an important connection under Tax law.

Part III. Concluding Remarks:

1. Closing Speech of Mr. Antony Garrigues, the founder and honorable Chairman of Garrigues

Well respected Mr. Garrigues as honorable Chairman of the Garrigues law firm, over 80 years old, having been to China over 30 times.  He is a pleasant, wise gentleman and founder of the Garrigues law firm. He welcomed us on the Training programme’s Opening Day Ceremony on 3rd November 2014, and he delivered a closing speech to celebrate our graduation from the training course in Dec.  My quotations from his touching, impressive comments include the following:

“ I love your great country - China… it is important for international lawyers to have a global mind, to be keen on legal developments of your own country; to be with international curiosity and caring for ethical developments”.  He opines that corruption goes together with rapid economic growth. It is not surprising for China to combat corruption at present.

In terms of how government spends tax money, he mentioned the “Transparency Law” in Spain, effective as of 11th December 2014, according to which, each citizen is entitled to enquire about the government’s expenditures and how tax-payer’s money is spent. Hopefully, China will have such good law in the near future!

The above impressions and comments are my personal views, which do not pretend to be comprehensive. It is difficult to summarise my numerous good impressions of this great country, which is famous for its creative fine arts, culture and architecture. There are so many world heritage attractions all over Spain.  Spanish people are slim, optimistic, intelligent and innovative. Overall speaking, Spain has many good aspects including its high-level legal profession and advanced legal system, for China to learn from.

2. Mission of Elite PRC lawyers

Last but not the least, the writer would like to express her sincere gratitude for the far-sight view and wise decision of All China Lawyers Association with the able support of the PRC Ministry of Justice. Special thanks given to the Ministry of Finance for their kind support for this overseas training programme, through which, we do feel a long way for so called Elite PRC lawyers to improve our service standard, to learn from our counterpart lawyers in Spanish and in other EU countries.  We must strive to be more diligent, to be of international vision and cooperation, so as to improve our legal service standards to clients both home and abroad

The end