Author丨Wang Qiong.
Produced by the Brand Service Center of Legal News Agency
If I can stop the shattering of a heart, I will not live in vain; I am happy if I can relieve the pain of a life, or relieve a pain, or help a fainting robin to return to its nest. ”
This passage by the American poet Emily Dickinson set a unique path of service for a Chinese lawyer who is deeply involved in the field of marriage and family.
InKe Zhi, senior partner of Zhejiang Zeda Law Firm and director of Zeda Family Wealth Inheritance OfficeApproximately 70% of the cases were settled through mediation. In the past 30 years, Ke Zhi has handled more than 1,000 divorce cases, large and small, some of which have made the two parties shake hands and reconcile, and more have drawn a decent end to many fragmented families.
In the "Brand Guide for Boutique Matrimonial and Family Legal Services (2022)".Mr. Ke Zhi was recommended as the "Outstanding Lawyer" brand star. Focusing on divorce business and family wealth management for a long time, Ke Zhi has handled a large number of marriage and family wealth management cases, and has also accumulated rich practical experience and industry insights. In the face of all kinds of thorny problems of customers, he can peel off the cocoon and solve them lightly. What is the secret to mediating a marriage and family dispute? How do lawyers cooperate with social institutions such as public legal services, people's mediation, notary services, and psychological counseling? How to build a work collaboration mechanism between the various business departments of the law firm? ......In the dialogue with the Legal News Agency, Ke Zhi answered unreservedly with his 30 years of precipitation based on his past work experience.
Transcript of the conversation.
Focus on divorce business and family wealth management: protect the "light" in the dark
Since passing the judicial examination in 1993, Ke Zhi has been in the legal profession for 30 years, and the "China Divorce Network" he founded has quietly accompanied China's marriage and family law career for 23 years. From a "generalist" lawyer at the beginning of his career to an industry pioneer focusing on divorce business and family wealth management services, Ke Zhi has witnessed and participated in the transformation and inheritance of thousands of families. 
Legal Press
At the beginning of your practice, you were a "generalist" lawyer, why did you choose to further your career in the field of matrimonial and family legal services?
Ke Zhi
I've always loved the words of the American poet Emily Dickinson: "If I can stop the breakage of a heart, I will not live in vain; I am happy if I can relieve the pain of a life, or relieve a pain, or help a fainting robin to return to its nest. ”This is the original intention and ultimate goal of my choice to choose the field of marriage and family legal services and to establish the "China Divorce Network".
In addition, the letter from a netizen in 2003 also injected a "booster" into my choice to deepen the field of marriage and family affairs.
To this day, I still remember the title clearly"A Ray of Light in a Dark Sky".The letter came from a civil servant surnamed Cui in Quzhou City, Zhejiang Province. The letter recounted his experience of accidentally finding me on the Chinese divorce website when he was in a painful moment when his marriage was helpless, and finally came out of the darkest moment through my legal assistance.
This letter made me see the original intention and meaning of being a lawyer, and also strengthened my determination to deepen my determination to deepen my career in the field of marriage and family affairs. Until now, I have no regrets about my choice back then.
In April 2002, a reporter from National Public Radio Jocelyn Ford interviewed lawyer Ke Zhi in Beijing and reported on the China Divorce Network.
Legal Press
According to data from the Supreme People's Court, in the first half of 2023, 108 first-instance cases of marriage, family and inheritance disputes will be concluded30,000 pieces, an increase of 2319%。As the founder of the "China Divorce Network", what do you think are the reasons for the high divorce rate in Chinese families?
Ke Zhi
With economic development and social progress, people's outlook on family and marriage has also quietly changed. In the past, marriage was generally seen as an irreversible commitmentBut now more and more people think of marriage as one of the ways in which individuals pursue happiness. For example, in the marital relationship, there is a lack of good communication between the husband and wife, the lack of family economic foundation and employment security, and the conflict and pressure surge, the marital relationship will become extremely fragile, and divorce will become a way to solve the problem.
Legal Press
What do you think of the current Chinese concept of marriage and family?
Ke Zhi
Chinese's view of marriage is becoming more and more diversified under the combined influence of traditional culture and Western culture. On the one hand, people generally attach more importance to family and traditional values, emphasizing parent-child relationship and children's education, and traditional expectations of male and female roles. On the other hand, with the social changes and the progress of the times, the younger generation emphasizes personal independent choice and the pursuit of happiness, questions traditional concepts, and tries to create a marriage and family model that suits them. This diversity manifests itself differently among different groups of people, so we need to respect individual choices while also focusing on the stability and happiness of family relationships.
In August 2005, the second annual meeting of China Divorce Network was successfully held in Hangzhou.
Legal Press
You have been awarded the "Fengqiao" mediation expert in Hangzhou. What percentage of the cases you have handled in the past have been settled through mediation? What experience do you have in successfully mediating matrimonial and family disputes?
Ke Zhi
In the cases I have handled, the number of cases that have been settled by mediationAbout 70%. In the mediation of matrimonial and family disputes,Effective communication is the cornerstone of successful mediation. In order to respect the privacy and confidentiality of the parties, it is necessary to create a safe environment that encourages open and honest communication. Listening is key during the mediation process, where the mediator understands the parties' feelings, concerns and expectations, and maintains a neutral and impartial position towards the parties. Since marital and family disputes often involve emotional, financial, child and other aspects, the mediation process needs to be carried out in stages. For complex marital and family disputes, psychologists and lawyers can also be allowed to intervene as soon as possible. Where the relationship between children is involved, priority shall be given to the interests of the children. When the parties reach an agreement, they must ensure that the agreement is clear and specific, and that the responsibilities and rights of the parties are recorded in detail to prevent subsequent misunderstandings and disputes. After mediation, the parties need to be provided with some follow-up support to ensure the implementation of the agreement and help them adjust to the new family situation.
In December 2015, the first "Top Ten Lawyer Pioneers" selection activity in Hangzhou, co-sponsored by the Political and Legal Committee of the Hangzhou Municipal Party Committee, the Hangzhou Municipal Civilization Office, the Hangzhou Municipal Bureau of Justice, the Hangzhou Municipal Legal Popularization Office and other departments, ended, and Ke Zhi was named the first "Top Ten Lawyer Pioneers" in Hangzhou
Legal Press
In the different ways of marital and family disputes and conflict resolution, how do you view the differences between lawyer services and public legal services, people's mediation, notary services, psychological counseling services, emotional protection of social institutions and other services? How do lawyers work with these institutions and organizations?
Ke Zhi
Lawyer service is a professional legal service that focuses on providing legal advice and** to assist parties in exercising their rights and resolving legal disputes in the legal field. Public legal services, on the other hand, focus on social welfare, and provide legal advice and assistance through ** or legal aid institutions to ensure the universality and equality of legal services; People's mediation focuses on non-litigation methods, and helps the parties reach a settlement voluntarily through the assistance of mediators; Notary services focus on verifying the authenticity of legal documents and facts; Counselling services include a wider range of areas, such as psychological counseling, career counseling, etc., focusing on the holistic development of the individual; Emotional maintenance of social institutions is mainly focused on maintaining the emotional relationship and mental health of individuals through social support networks and activities.
These differences reflect the roles and positioning of different service types in society, constituting a multi-level and diversified service system to meet the needs of different aspects of society. As one of them, lawyer service plays a unique role in the legal system with its professionalism and legal orientation.
How to maintain long-term cooperation with these institutions and organizations? In my opinion, lawyers should take the initiative to establish contact with relevant institutions, understand their work priorities, service targets and needs, establish close cooperative relations, share information, and form complementary advantages; It is also necessary to actively participate in cross-disciplinary training and knowledge sharing activities to enhance mutual understanding of work; In addition, it is necessary to determine the cooperation framework of all parties, formulate a cooperation agreement, and clarify their respective responsibilities and obligations; It is also necessary to jointly carry out publicity and promotion with various parties to raise the public's awareness of comprehensive legal services, so that the society can better understand and accept various forms of services.
In March 2018, the "Special Program of the Two Sessions" of ** TV station "Today's Statement" broadcast "The "Peacemaker" with Special Status", introducing the advanced deeds of Ke Zhi, a lawyer from China Divorce Network, who successfully handled a divorce case and participated in the pilot reform of the judicial system.
The key to effective family governance: the rational distribution of power and responsibility
How to do a good job in family wealth inheritance has always been a difficult problem for high-net-worth families. What is the difference between family governance and corporate governance? What is the key to family business governance? How to build an efficient and collaborative family office team? Ke Zhi systematically sorted out the successful experience of Zeda.
Interestingly,The family office team members of Zeda Law Firm are themselves members of the veritable "Ke family lawyers". The "Ke Family Lawyer" is led by lawyer Ke Zhi, and the team members include his eldest daughter lawyer Ke Xi, second son lawyer Ke Jian, and daughter-in-law lawyer Lu Xia.
Legal Press
There is a difference between family governance and corporate governance, from your practice experience, what are the main characteristics of family governance?
Ke Zhi
There are many differences between family governance and corporate governance. Family governance is more concerned with the relationship between family members, values, inheritance, and the management of family wealth. Family governance pays more attention to emotional factors and values within the family, usually involving the relationship, inheritance and commitment of family members, and pays more attention to long-term and persistenceDecisions tend to be made more about long-term benefits and sustainability than short-term profit maximization.
The power structure in family governance can be more complex, and family members may have different positions and influence in the company. Decision-making may be more akin to intra-family consultation and consensus rather than a strict corporate governance model.
When dealing with family governance cases,The most important thing is to understand the dynamics and values within the family and be sensitive when solving problems. Balancing family interests with corporate interests and helping family businesses establish a healthy governance structure is crucial.
Legal Press
In March 2022, Zeda established the "Zeda Family Wealth Inheritance Office", the team members include your eldest daughter, please introduce the professional construction mechanism and work coordination mechanism of this business department.
Ke Zhi
A strong team requires a wide range of expertise"Ke family lawyers" also advocate "cross-border" team members. For example, I have a double degree in law and Chinese language and literature, and the research direction of law is "marriage and family affairs and family wealth inheritance research"; Daughter Ke Xi has a double degree in law and international **, and she majored in contract law when she was a graduate student at China University of Political Science and Law; His son, Ke Jian, has a double degree in law and human resources.
Family Wealth Inheritance Office" involves:Family wealth management, estate planning, inheritance planningThrough the establishment of a sound talent training plan, a clear team organizational structure, a clear division of responsibilities and roles, a professional knowledge management and sharing platform, reasonable procedures and procedures, the use of collaborative tools and technologies, etc., we have built a set of professional construction mechanisms and work coordination mechanisms, and improved the operational efficiency of the department.
In March 2022, the "Family Wealth Inheritance Office" of Zhejiang Zeda Law Firm was established, with lawyer Ke Zhi as the director, to continue to undertake traditional marriage and family cases, as well as more legal services such as family wealth management and inheritance, family trust, family business governance and equity inheritance.
Challenges and opportunities for matrimonial and family lawyers
With the improvement of people's legal awareness and the increase in demand for legal services, more and more lawyers have begun to specialize in legal services in the field of marriage and family affairs, but marriage lawyers in some regions and fields still face many challenges, including: unbalanced resources; Some lawyers lack experience and professional training, and the quality of services is uneven; Differences in judicial practice have led to differences in the handling of matrimonial and family cases in different regions and courts.
Legal Press
As a marriage and family lawyer, you are also a director of the Marriage and Family Law Research Association of the China Law Society and the chairman of the Marriage and Family Law Research Association of the Zhejiang Law Society.
Ke Zhi
In my opinion, there are three problems that need to be solved urgently in the theoretical research and legal practice of marriage and family affairs in China:First of allThere are certain differences and inconsistencies in the judgments and rulings of marriage and family cases in different regions, such as "different judgments in similar cases". Therefore, it is necessary to further improve the relevant legal provisions and improve the uniformity and clarity of the application of the law. Secondly,There is a need to better protect the interests of children on issues such as child custody and visitation rights. Ensure that the child is able to maintain a parent-child relationship with both parents and receive appropriate upbringing and education. Finally,In terms of the resolution of marital and family disputes, legal practice can further improve the conflict resolution and mediation mechanisms. By introducing more effective mediation institutions and professional mediators, we provide a wider range of solutions and options to help the parties reach a settlement.
These problems need to be further paid attention to and improved at the legal, theoretical and practical levels, so as to improve the fairness, protection of rights and interests, and the efficiency of resolution in the field of marriage and family law.
In December 2016, lawyer Ke Zhi was elected as the president of the Marriage Law Research Association of Zhejiang Law Society. In January 2022, lawyer Ke Zhi was unanimously elected as the chairman of the 8th Council of the Marriage and Family Law Research Association of Zhejiang Law Society.
Legal Press
What do you think are the most worthwhile investments in the conventional ways of brand building for the marriage team, such as **, new** matrix, lists, lectures, etc.? What percentage of the decision do you think brand factors make when customers make their choices? Are customers willing to pay a premium for the brand?
Ke Zhi
The choice of brand building for the marriage and family team mainly depends on factors such as the target audience, budget, and market environment.
In general, when a customer chooses a service,:The importance of brand factors in a decision can be 20 to 50 percentIt depends on the customer's perception of the brand, brand reputation, past customer experience, and market competition.
As for whether customers are willing to pay a premium for the brand, it depends on the customer's recognition of the brand, the differentiated characteristics of the brand, the added value brought by the brand, and the degree of customer demand for products or services. Some customers may be willing to pay more for a recognized brand, while others are more focused on the brand itself. As a result, different customers are not willing to pay a premium for a brand.
Legal Press
How do you think the demand for matrimonial and family legal services is changing for high-net-worth clients?
Ke Zhi
The demand for professional matrimonial and family legal services from high-net-worth clients is increasingThey need lawyers with a high level of expertise and experience. For example, with the deepening of globalization, many Chinese high-net-worth clients will be involved in foreign-related marital relations and foreign-related property division. They may need a lawyer to provide cross-border matrimonial and family legal services and understand the application and interrelationship of the legal systems of different countries.
In addition,The demand for estate planning and succession planning is increasing among high-net-worth clients. They want to protect their personal and family assets and ensure the smooth passing of their wealth through sound estate planning. Matrimonial and family lawyers can provide relevant legal services to help them develop a reasonable estate planning plan. At the same time in the information age,Privacy and reputation protection are becoming increasingly importantHigh-net-worth clients may need a lawyer to provide legal services involving privacy protection and reputation preservation in the matrimonial and family fields.
Lawyer of the Ke family
Legal Press
What challenges and opportunities do you see facing matrimonial and family lawyers today?
Ke Zhi
At present, the challenges and opportunities faced by matrimonial and family lawyers are mainly:Specialization and diversification at the level of businessThis means lawyers have to meet the increasingly complex needs of their clients. In this regard, cross-border competition and cooperation can be carried out, cooperation opportunities can be sought, strategic alliances can be established, and more comprehensive services can be provided. In addition,Technological innovation and digital transformation should be carried out in a timely mannerMatrimonial and family lawyers can use technology to improve efficiency and expand the scope of their services. In addition to that,It's also important to build a good reputation and customer relationships. High-net-worth clients usually place a high value on personal trust and word-of-mouth, and matrimonial and family lawyers need to work hard to build their good reputation and maintain a close relationship with their clients to get more business and word-of-mouth referrals.
In general, the demand for matrimonial and family legal services from high-net-worth clients is becomingMore specialization, internationalization, property planning and privacy protectionMatrimonial and family lawyers need to respond to challenges and open up new opportunities.
Life is like a mountain, and we are all climbers
Counting Ke Zhi's past experience, he worked as a teacher, founded China's first divorce after becoming a lawyer, and has been reported by CCTV many times; He took the initiative to repay the society and was awarded the "Outstanding Contribution Award for Lawyers in Zhejiang Province", "The First Top Ten Lawyer Pioneers in Hangzhou", "Outstanding CPPCC Member of Xihu District" and so on. He actively participated in the administration and discussion of state affairs, and served as a member of the Zhejiang Provincial Committee of the Democratic League and chairman of the grassroots organizations of the Democratic League. Now, under his influence, his two children have also entered the legal profession ......
Ke Zhi once said:"Mountaineering is like life, life is like mountaineering, mountaineering is one step at a time, there are no shortcuts. ”This creed has subtly shaped the style of the "Ke family lawyers":Professional, pragmatic and diligent.
In the foreseeable future, there will be an increasing demand for the specialization of matrimonial and family legal services, which is both a challenge and an opportunity for all matrimonial and family lawyers. As a practicing lawyer, Ke Zhi provides us with a career model that we can learn fromNot limited to past honors and achievements, always down-to-earth, leading the team to work steadily and bravely to new heights.