(two) the miniaturization
In the premise of lawyers to suit for the main business bigger and stronger, initiative lawyers may be without great expectations and actual investigation and study of a box with reluctance, the fact that the lawyer business mainly in the litigation, miniaturization is the inevitable development of lawyers, it is doomed to our legal system and national conditions.
First, the customer's choice: litigation lawyer mainly rely on the individual operation, customer choice of lawyer, usually with the lawyers providing legal service and the lawyer's personal ability, experience, level, occupation ethics (even with the law of social relations directly related), tend to "recognize people do not recognize the", "business go after people", first select the lawyer, and then select the firm. And customers in the people and things in general, interpersonal relationship as link, and their understanding of lawyers, the trust in the familiar lawyers, lawyers familiar with the extent of value and personal brand , therefore, to suit the business firm, objectively from business sources early on he buried the firm differentiation of seed.
Second, business litigation characteristics determine the development trend of miniaturization: litigation law firms for remedial nature of the short-lived business, in order to remedy for the purpose, is not easy to compare and customers to form and maintain long-term cooperation and contact, which makes something to find a lawyer to become the norm, the lawsuit purpose is not only to win in the the larger interest (or to reduce the possible loss), every business is paroxysmal and uncertain, do not require teamwork attorney general, usually the case one or two lawyers can do down (environmental cases except), top a lot of several assistant at. Therefore, in order to suit business firms, can usually be kept relatively small scale, with miniaturization trend, even can say, provide general legal services for small business owners, self-employed, the majority of people's daily life law firm, also can be used on a smaller scale even to individual practice way to provide legal services, in order to reduce the service cost, to meet the needs of the market.
Because of the inherent attributes of lawyers litigation legal services, make the litigation lawyers generally use combat soldier, independent business, usually do not need to consider the team cooperation and service sharing, so, the related firms are usually to compact small (or individual) development, it can be said that, in the current judicial system the lawyer rights and participation has not fundamentally changed, the litigation business lawyer industry will be dominated by small and medium-sized law firms and individual practitioners, miniaturization is destined to the development of China's lawyer industry.
Third, the social demand for legal services and effective finite: social reality itself is unfair and cruel side, the sponsor to the action, not only in the judicial organs to "to eat", the burden of litigation costs and litigation risk in advance of all, and want to get legal help to the lawyer fees. This makes the most of the damaged the interests of litigation initiator has been stretched in the face of litigation is one disaster after another, the litigation cost is certainly not saved, to pay the legal costs of course will only consider the province to province. The above psychological attitude actually determines the rights and interests of vulnerable groups to seek legal help damaged in action when drifting ambivalence, want to ask a lawyer but can't afford a lawyer fees. No litigation where litigation lawyer service, which is in itself a cause and effect problem, since initiated proceedings exist such difficulties, then mainly for the services they provide litigation lawyers also will face a lack of effective legal needs of the reality, in fact this is the basic reason why I lawyer's case is hard to find. Litigation services is a lawyer's duty, services mainly damaged the interests of vulnerable groups and from them to find jobs lawyers, is destined to face the "poor customer achievement poor lawyer" results. Of course, this will have other, want to live, want to face the plight of poor survival and development law, only to cultivate good relations, for the station to strong community service team.
Though now legal service needs of the masses of the people is the high speed growth, the struggling to cause state can easily determine from the judge, but that doesn't mean that the inverse demand and effective legal services lawyers also corresponding proportional growth, lack of case law sources, at present is a description of the current shortage of effective demand lawyer legal services to the fact, the effective part of the growth is not enough to make a good development of the overall growth down lawyer. In our current affairs law lack of survival and development of security system, do not grow up today, the so-called people's high demand for legal services lawyers judgment is extremely optimistic wishful thinking imagined, to the current system environment bigger and stronger industry lawyers, for every lawyer practitioners still a long way to go topic.
With the expansion of fourth lawyers, growth and development of the source of business: income and business law is directly related to the survival and development, lawyer, has the natural power of business resources. From each of the lawyer's business sources, the lawyer's business comes from the acquaintance or old customer contact Association, made by way of introduction, personal ability from lawyers and social relations, is the individual lawyers make every attempt to find opened up, and the big law firms, which have not been firm economic how much help, therefore, the individual lawyers in legal services, although know each case are different in nature, some case. He is not good at, but never consider more reluctant to consider and people share, would become a "one size fits all" lawyers, to do their own. Characteristics of hand most business belongs to the lawyer himself, actually led to the lawyer heart unwilling to will not be long-term development interests in law firms to merge their own development interests, which is why most lawyers once through their own efforts to grow up after the branch alone intrinsic factor.
Fifth, firm cooperation operation basis: law firm in China at the beginning of establishment, it is "like-minded" and "feelings", is not originated from the system, and its running basis and mainly large proportion and individual lawyer business income hook of royalty, therefore, the lawyer's service personal sources characteristics and lawyer soldier do battle, it actually resulted in a range of law firms are not added every lawyer ability, just by joining the lawyer to diluted the firm's operating costs, development opportunities and better resources and ability to also cannot by law firms and colleagues without each of lawyer. But the law of business development, in addition to the limited publicity, not too many other things to do, so eventually customers choose lawyer Chong lawyer person, firm, on the whole real conflicts of rapid development, unable to effectively integrate the firm's "collective" efficiency, and finally the development the firm is a combination between individual firms lawyer loose, lawyer's loyalty is low, high liquidity, lawyers each other appear united outwardly but divided at heart, "act of one's own free will" do not support.
Sixth, the firm run by the objective and assignment mechanism: as Law Firm lawyer inside growth, the firm is hard, separate the people out and divided, who has grown up and think they can support a piece of sky lawyers. From these firms founder's point of view, because the original by the firm's fees income has been basically and own a small cost roughly, oneself do not only makes it more convenient to carry out their business, can better reflect the value and success of their own, is the so-called "rather do Zito, not to do pteris". Established firms to do business easily and do, apparently founded firms is the focus of the office for their professional services, if at this time to attract some business income of the lawyer, the lawyer fees can better reduce the income of the firm existing operating cost, thus can realize the double objective to do that, not only monopolize their business income of interest, and made themselves have more room for development opportunities. And then to participate in the law firm lawyers who do not need to pay what, at the most promise percentage higher, the lawyer's case or the lawyer himself to bring. Because of this, China's law firms each development to a certain stage will appear "nest" "clustering" "" bee "phenomenon", which is the root node of China's law of all existing mechanisms to do do greatly strong, sustainable development of.
Our firm is prevalent in the Commission, although changed lawyers "psychology eating from the same big pot", the surface reflects the distribution principle of "more pay for more work", but the essence is the distribution system is established in the law case is not much effort, based on their own every lawyer. Although it is helpful to mobilize the enthusiasm of lawyers, but no "breast" relationship with the firm, does not have the economic discipline to resistance has grown up lawyer to seek development, set up a separate kitchen opened new ideas. While the firm lawyers felt himself be of no great importance in which law firms, law firms is their own business places, all by or on their own, do their own work, earn their own money, all the difference between just percentage is different, their ability to still do a what.
Only said that the intrinsic reason above lawyer industry, based on the above litigation business for the main business of lawyer industry in China to become bigger and stronger is unrealistic, lawyers in China to become bigger and stronger, if substantial change no innovation, no business content, and will be a dream forever our lawyers. The development of China's lawyer industry really need to think seriously about our lawyers and attention, because only we lawyers themselves know best lawyer industry in China develops the crux of the problem.
The lawyers to get rid of the small size of the development destiny, to litigation lawyers the main source of business to prove it seems impossible, only change the way of thinking.
First of all, we must form a "feed" relationship with the lawyer, a lawyer to handle the business should be mainly provided by law firms and lawyers in the firm development, service to customers, firms and the services of a lawyer shall be responsible for the results, clearly, if the lawsuit main business direction, this obviously can not achieve.
Secondly, consider the traditional non litigation legal counsel, the legal adviser business nature of traditional and litigation, is a lawyer to provide legal help to the identity of the third category, the relevant business in our law does not require reflect the lawyer non legal review v. Advisory results before, the role of lawyers are still difficult to play, legal advisory business like litigation, is still the legal help properties but cannot become customer required by law, need people to strive for development, the development of law firms and lawyers down between the "feeding" still can not form. Therefore, our lawyers non litigation legal adviser business development must be based on China's legal requirements to the body shall carry out the relevant legal review and reflect the review form for the premise, so lawyers advisory business is the existence and development of space, will become a social need. However, our country at present has not yet developed legal system, so think of can, out of reach. So, just stand in the nature of the traditional legal advisory business legal help, at present still need to continue to consider other ways of forming law firms and lawyers between "feeding" relationship, then, how to change the traditional property legal consultant business only with legal aid became the matters we must complete a lawyer.
a thing is multi-faceted problem, standing in the litigation lawyers and lawyers perspective on how to distinguish Conclusion obviously, lawyer law requires the lawyer must auxiliary law help position only; and lawyers law is not the limit, some affairs his client to finish as the goal, is the subject of their work, seeking is transaction processing results. We know, whether natural or legal person's survival, survival process must solve various kinds of transaction, the transaction if completely by oneself to do, obviously its capacity and incapable, therefore, and may need to entrust others to demand, itself only in the auxiliary status, the principal inner search is mainly work results, not only expect others only provide help adjuvant.
reason not unknown, in the existing law in our system, if the lawyer only help provide the legal nature of the services (including the only help nature of the legal adviser to provide legal services), help to the legal nature of the business for the main business direction of development, China's legal status will face miniaturization. If you want to see the lawyer industry in China under the current regime. The vigorous development, also need to change the way of thinking, change the mode of operation of the firm, transactional lawyer business, to suit the business as a supplement, so that it can be formed between firms and lawyers "feeding" relationship, make the lawyer service firms. In fact, the transaction processing as the target firm business model, business is not the one or two lawyers will be completed, can only form a cooperative, organization. Therefore, Chinese firms should expand the scope of business, go to affairs litigation subsidiarily firm development road, it will lack the cornerstone of firm growth.
Transactional business lawyer what type, can be considered from the following aspects, the focus can be high or low:
1, perfect the lawyer witness program, issue lawyer witness reports, develop lawyer witness and evidence preservation services;
2, vigorously carry out the agent undertakes business, in cooperation with relevant industries, improve and expand the business agent industry chain, meet the industry department set the access threshold limit, the expertise of litigation lawyers to law firms, the main body against him (the client being governed, is not advertising), to challenge the unspoken rule of industry.
(1) business and relevant administrative licensing matters (2) land and real estate transaction agent (3) intellectual property agency to apply for and handle affairs (3) acting labor contract and labor dispute mediation (4) tax affairs Cooperation Agency (5) agency operating companies and stock (6) acting individuals and enterprises property ownership certificate to apply for transaction
......
3, enterprise reorganization, bankruptcy, restructuring to the operation of property rights transaction transaction;
4, to carry out investment service, credit investigation enterprise or individual, directly for business or personal business services