A good lawyer when? Contemporary China lawyer confused

 

The lawyer, the former and scenery, respect, high words linked to the occupation, but now let practitioners feel almost unable to withstand the pressure of survival. Recently, the first questionnaire for lawyers existence results show, lawyers has become low-income city and no security class. But unlike other low-income groups, it is also a all have high academic qualifications, and through the "China first exam" "elite class". They are shouldering the national legal construction, a hungry to fight in the industry.


"China first exam"
A lawyer is not easy, the first face is called "China first exam" judicial examination. Judicial examination with difficulty, the rate is low and known throughout the country, almost no one can pass, the vast majority of people to test three five years, even someone test three five years pass.
In September 16, 2006, the national judicial examination once a year once again open, more than 280000 candidates entered the "Chinese first examination" exam. This is Lu Yu candidates took part in the fourth judicial examination, 4 years ago, he was at the Renmin University of China law school the first grade students. From then on, he began to register for the judicial examination. Now, Lu Yu is already a state organ personnel department staff. He said: "I have a lot of students took the test two or three times to give up, but I still want to try, after all, through the judicial examination in order to have astepping-stone to success in this business." Lu Yu such a situation is not uncommon, study law majors in Chinese colleges students, almost everyone has multiple reference experience.
A study of the judicial examination of the personnel will be found, what age, what qualifications examinee, college students, graduate students, working practice for many years in the law firm of young people, and even middle-aged people...... Everyone talks about judicial examination that is "great pressure".
The surprisingly low rate.
Moreover, even through the harsh selection, and also can not become a lawyer. This is qualified as a lawyer, and there are more arduous second, third......

 

"Zero salary internship"
To become a lawyer in second, is the last year of the law firm internship period, qualified, can get the red lawyer practicing license.
In this year of internship, just pass the judicial examination of the candidates, will face huge economic pressure. Because in practice, practice lawyers income is by the law firm "to watch". For the income, practice lawyers often suffering statement.
Xiao Yan graduated from the China University of Political Science and Law, her internship period is spent in a friend of my father's office. "Rarely heard practice lawyers get paid, unless, his good luck, or that there are other factors." Small Yan told reporters, "to enter the office practice is not easy, many of the students in our class are cooked talent with the internship units, or even practice unit can not find."
A nickname is "new law" the netizen released their internship experience: "the real judicial exam, my first job was in a lawyer's Office Receptionist, monthly wages 250 yuan. Do we practice law is not a man, but any plants!"
The reporter understands, even in Jiangsu and Zhejiang and other developed areas, practice lawyers monthly income is only 900 yuan. Small Yan told reporters, there are many law firms clearly stipulates: "the trainee solicitor without pay." Even so, she and the students will go to practice. Because "if we do not go to practice, you will never get the chance to use, not to mention the accumulation of experience."
Mr. Sun is people, responsible for a law firm in Beijing, he said: "to practice to the office each year students not 350 people, and basically no work experience. In this case, the firm can only provide an opportunity to participate in practice for them. If the payment of remuneration, the firm's own operation will be affected."
Many practicing lawyers because is unable to withstand such pressure, and began to look for other jobs. A trainee lawyer "unsafe", make the firm more not easy to practice law entrusts with an important task. This is between the practice of lawyers and law firms form a vicious spiral, and the contradiction between the two is also increasingly accumulated deep.

 

"For no case"
Through hard practice period, became a new lawyer, they have to face the next is better than the internship more long "source shortage period".
Kobayashi has worked in a law firm in Beijing for 3 years, in these 3 years, he received only a dozen pieces. "The parties are willing to find old lawyers do case, because of their rich social experience, have extensive ties. Because we do not have actual combat experience, so it is difficult to obtain the trust of the parties."
Therefore, "as long as there is the case, we would ever to find material, collect evidence, ready to defense. But the new lawyer agency fee is very low, but also to attorney fees and taxes, really got started, not enough money." Kobayashi said, "who would have thought that the lawyer could not take a taxi, often for rent? However, we do feel even the rent is pressure."
Display first survey questionnaire law state of survival, number 42% of the lawyers handling cases a year less than 10, the number of non litigation cases 62% lawyers a year for less than 5 pieces; 3 years experience about lawyers average annual wages in thirty thousand or forty thousand yuan or so, remove the cost, only enough income "life". Moreover, there are some "new law" unable to find the source, in a fairly long period of time is without any income.


Expert: lawyers are not businessmen
Guangdong Ming Jing director of law firm Hu Fuchuan think, from the current situation, lawyers should be regarded as low income and no security class. He showed the lawyers of the payroll, the reporter saw, many lawyers not receiving case and to the firms pay the insurance and management fees, wages had negative. Hu Fu legend: "the lawyer's income is a pyramid, high income earners at the top, as very few, has more than 70% lawyers life difficult."
Vice chairman of the all China Lawyers Association Wang Fan accepted in the Legal Daily reporter the interview said, according to the statistics of relevant departments, Chinese lawyer average charge as the taxi industry, annual gross income of less than 100000 yuan.
The lawyer industry beginning, so a lot of law graduate students are not willing to do a lawyer. A survey shows that the Law School of Zhongshan University for undergraduate, 35% of people volunteer to become a lawyer, but to graduate, real firm students is less and less. The Law School of the 2006 session of the graduates of 200 people, only one person and the firm was formally signed. Deputy party secretary Mo Hua said: "the law school students do the lawyer is decreasing year by year."
Some students said, they will not choose law as the first occupation, but will consider to do civil servants, wait until the accumulated certain social relations, will consider whether to be a lawyer. And those who entered a lawyer's industry people, many people will soon turn the civil service exam or engage in any occupation, insist on down less and less.
Experts at the Beijing Normal University social psychological aspects of Ms. Chen told reporters, lawyers side shouldering the legal construction, a hungry fight in the industry, the extreme imbalance of these two aspects could lead to a defect of the entire industry. A lawyer is the pursuit of the justice of law, or simply to lawyers made businessmen? Now the lawyer living conditions, will force them into the business. To be able to do a lawyer this line is quite deep educational background and high-quality people, let them drop legal ideal, by the angel into a devil, change is undoubtedly cruel. Chinese lawyer industry because of disparity between the rich and the poor and there are temporary fault. Lawyers, especially young lawyer, is the future development China lawyers hope. Their occupation development about the confusion and pain is heavy, the practical problems concerned lawyers and long-term development of the society, to give them more guidance and care, intentions to solve their confusion and anxiety.