China lawyer embarrassment and hope

Authors: Li Hengxin lawyer Http://blog.sina.com.cn/s/blog_621690770100n5d8.html

Political embarrassment: the lost

Many people know, American President more than half is a lawyer. America members, mostly as a lawyer. Europe's president, prime minister, prime minister, speaker, will have a lawyer who. So many people come very naturally to think, a lawyer is very high in political status. However, in Chinese, recovery from the lawyer industry has been more than 1/4 centuries, we have never heard of a lawyer, Secretary of the provincial Party committee, governor, Secretary of the municipal Party committee, mayor of secretary of county Party committee, county magistrate, even have not heard. There are several lawyer, NPC deputies, CPPCC members, but compared with the representatives from all walks of life and member, only several lawyers, representatives and members didn't what sound. Due to the mobility of lawyer industry is relatively large, and the lawyer relationship flow is separated with the household registration. In such cases, many lawyers even many years have never exercised any right to vote, not to mention the right to be elected. The author is so, since the1993Since leaving home lawyer occupation, has so far failed to exercise any right to vote. China lawyers so, politics can have what kind of status? Now even the guards some suspects in custody of, have the right to vote, and many lawyers have lost the vote, compared the two, it is funny.

Economic embarrassment: embarrassment

In the past many media reports, in western countries the most profitable three trades: lawyers, journalists, doctors, it is reported that the three earners are even higher than the president, the prime minister. That may be true. But this is in western countries, but the western countries also has several hundred years of rule of law. In China, lawyer service with many industries, any goods and services in short supply stage, always generated profits. So China lawyers did during the last century ninety's has been better than a, some have a relatively high income of the lawyer produced. However, with the increase of the number of lawyers, especially large increases in legal service personnel non lawyers including enterprise legal adviser, legal services staff, coupled with the expansion of university enrollment every year hundreds of thousands of law graduate students to enter the market, already with the lawyer"High-income"Three words is more and more far. Nowadays, many people just getting started as a lawyer, if there is no family to support, I am afraid their livelihood becomes a problem. This is the cruel reality. The network has a young lawyer sigh:"If no one can sue me, I'll sue wife divorce, for his opening."After reading, only bitterness.

The cultural embarrassment: has not formed the lawyer culture

China all has own historical development, also has its own industry culture. Because of China ancient and not the occupation law, after the new China lawyers brief was for a few years but suffered"The anti rightist struggle"Impact, so Chinese no law tradition and culture. The lawyer industry recovery is two years, has been in"Crossing the river by feeling the stones"Exploration stage, still has not formed a fixed, benign culture of lawyers. The last century eighty's, university teachers have been considered"Poor teacher"Even no graduates to stay, so many university teachers in the sea when the lawyer. Because now the university teachers not only has its own platform, but also a"Professor"And so on the title, they not only enjoy"Company"The salary, welfare and treatment, but also a sufficient time and conditions"Part-time job"(in fact for many university law teacher it has almost become a full-time lawyers) business, results not only robbed a full-time lawyer job, also dropped a lot of fame. While the lawyer industry has only slide, feel helpless.

Social status: reduce the embarrassment

The eighty's last century has just recovered from lawyers, lawyers as the national legal workers, still belongs to the state cadre. But in the absence of such as"The public prosecutor, law"So-called"Real power"Lawyers, only as three cadres, but after all, or cadres.

In the ninety's of last century, with the development of economy make a spurt of progress, such as the night suddenly spring equinox, the needs of the market achievements worth of lawyers. At that time, the lawyer than free most of the cadres, cadres more than income much higher. The author then even in the enterprise, the salary is almost ten times the court in the mainland students. So, at that time not only in all walks of life are diverted to a lawyer, and even many judges, prosecutors resign with a lawyer. At that time, no matter what the previous background is, regardless of whether they really went to university, no matter what position before, no matter from where, as long as the lawyer, almost is the identity symbol.

However, after entering the new century, along with the increase of cadres and wages, with"Power"Added value is more and more big, more with increased lawyers and non lawyers legal professionals, university teachers, civil servants are to become the popular students, graduate students, doctoral student employment, and the lawyer has almost fallen into insurance salesman who suffer a disastrous decline, social position.

"Company"Awkward: the lost, the lack of backing

In the past China, no"Company"There is almost no identity. Thus"Company"For the importance of Chinese. China lawyer early, said he is"Law firm", many people don't even understand, that is"The Bureau of Justice"The stranger, a listen to immediately respect three points. Now the law, except for very few public lawyers in legal aid service, and the Bureau of justice have been thoroughly"Decoupling"The. While"Law firm"Yet, now basically like SOHO federation. Although nominally in one place, but each one for every case, every man do his case, with a lawyer, are likely to face also rare. Most of the lawyers are in it. The public prosecutor, our method, which department, if anyone dares to these departments to cause trouble, are likely to be obstructing give detained and sentenced, but now for lawyers, only with great care in their own, even if the encounter some be savage and absurd miscreants, also had to swallow insult and humiliation silently, silence, because behind have no"Company"You can back up. Although there are lawyers association, but as a society after all with the original"Company"The concept is different.

Psychological pressure is particularly great embarrassment

As a lawyer, a lot of people is the pursuit of"Fulfillment"The. Although to some extent, the lawyer has some sense of achievement. However, as a lawyer, the more it is the psychological pressure. The pressure also has far greater than the sense of achievement.

When the lawyer is not the case, with time, with freedom, but also means the loss of income, so the psychological pressure is very big, want to worry about no crime, no easy.

Lawyers have case to do, greater psychological pressure. Lawyers not only need reminders to spend time and energy to deal with the parties, but also to investigate and collect evidence, and the case study, the drafting of the relevant legal instruments, and finally to the trial results feel alarmed. For fear of losing the case, it is difficult to cross. Some risk agency, if the case is not satisfied with the results of the parties, probably he is hard in vain, not receive any payment.

A few years ago, have heard a story of a lawyer. In recent years, and frequency to see a lawyer turned, in fact have explained this problem.

Weapons: legal weapons embarrassment when soft, hard

The lawyer is the weapon of the law, but the weapon of law but not in the hands of a lawyer's hands. In China, some people say"The law is a sweet potato, the hard soft, ripe."In the face of some judicial corruption, indeed.

The lawyers litigate, since the receipt of each party to the case, the court accepted the case is different, the nature of each are not identical, even where the area is different, so there is no lawyer can understand all the court all judges, but also do not know whether the opponent court or judge and the related"Familiar", such circumstances, once the weapon of law in court or the judge not to"Hard"Together, the lawyer will lose almost the only"Weapons". If the parties understand the words, can comfort. If the parties do not understand the words, then the lawyer is in big trouble.

The embarrassment of the market: don't find a lawyer for the mayor

In the past time necessity on economic reform, said the planned economic system, enterprise managers often"Don't look for the market to find the mayor"Thus, it proves the necessity of the reform of the economic system. Now the implementation of the socialist market economy, state-owned enterprise manager director"Don't find market according to the mayor"Is not exist, but when the enterprise has the economic dispute, litigation, many business owners, whether state-owned enterprises or private enterprises, are to a certain extent there"Don't find a lawyer for the mayor"Situation. This is why execute the same law, but there is a"Local protectionism"The source of the problem. If the enterprise legal dispute can not find a lawyer"Mayor"So, the so-called"Local protectionism"Will not be so serious,"Mayor"Corruption crime have dropped is not so much, the law will Chinese serious many.

In the"Don't find a lawyer for the mayor"The current situation, not only entrepreneurs and other parties for"Mayor"Also, many lawyers have to find"Mayor". When the"Mayor"Can not find the time, was only the second, to find"A director","The section chief"Wait. As long as the hands a bit"Real power", regardless of"A director","The section chief","General secretary"What, all than lawyers. What they got"Hard costs"Often than"The lawyer fee"Huge lot.

Face the embarrassment: no money with the money like

As a lawyer, if you don't seem very successful way, is unable to win the trust of the parties. But with the very successful way, he must pay the price. Many lawyers, simply can not afford to buy a house to buy a car, but also tried to buy, or even not real, but also have a car. And the judges, prosecutors, classmates, friends entertainment, money was paying. In front of the parties, even on the body only a few dozens of pieces of money, have to mouth million one hundred thousand chat, but also appears to not care, do not see many strange appearance. So the media reports the lawyer called"High-income"And all the lawyers saw"Chic"In fact, many bubble too much.

The ideal embarrassment: suffering in conflicts

In many vulnerable people's eyes, the lawyer is no doubt"Justice"Incarnation. They will put all their hopes in the lawyer's body. However, if considered from the economic point of view, the lawyer will no doubt will become strong Party lawyer, because only they can afford to pay higher fees.

The pursuit of justice is often need to pay great price. Lawyers for the weak side of handling the case, not only may not be the labor remuneration and reasonable, and even subsidies. Under such circumstances, if the final justice has been maintained, the parties have words of thanks, the lawyer can barely meet, have a little"Fulfillment". But if you try your best, justice was not still maintain, lawyers for legal or some law enforcement personnel notorious, not just on the psychological"The sense of loss","Frustration"Can be simple to describe.

Strong side case, sometimes even won the lawsuit earned money, but when knowing all of this is based on the law"Rape"Time basis, while others can not be the lawyer what, but can not hide his conscience, the heart"Guilt"Will always nibbling at our conscience, the Inner Remorse would make sense of justice lawyers could have.

Evaluation of social embarrassment: the mainstream by lawyers"The poles"Overwhelmed by the lawyer

Chinese lawyers, real money bar only a handful. They make money, some early engaged in lawyer occupy certain market; some outstanding ability is better; some is dependent on a background and relationship between the monopoly of a business or a profession market; corruption also some people collude with certain organs or judicial departments mutual use......These people are all very few lawyers, their impact is quite large. Many people think that lawyers"Rich","A relationship"It is often caused by this. These people although rich or even"There are potential"But can not represent the mainstream, China lawyer.

China lawyer qualification examination is the earliest occupation qualification examination unified examination, but also the most regular occupation qualification examination. Due to the early for some Chinese lawyer fuzzy understanding as well as the media is not correct propaganda, attract including without legal education personnel from all walks of life to enter oneself for an examination. Many other workers even as his lawyer qualification for"Succeed in the civil service examination in old times"The same. Since so, entering the legal profession personnel quality is uneven. Some ran the purpose of making money to people came in, found the lawyer this money is not easy to earn than other industry, Yu Shikeng, Meng, Shui, cheat means are used, thus to the many parties not only caused property damage, causing mental harm. Few lawyers, almost fall into"Every day is April Fool's Day"The point, even the"Handling"Become"The crime". These few lawyers scum behavior, greatly influences the lawyer groups image, the social minority lawyers to all as"Liar","Useless"......

China most lawyers, in fact are only relying on their own knowledge and work hard, earn a basic to maintain the cost bring home the bacon. Some people may be more than high wages of cadres, but they didn't use to pension, no pension, no one to housing subsidies and health insurance, no power can seek personal gain, suanlaisuanqu, in fact, many people are on the surface of consumption on their future and welfare charge"Success". Even some lawyers run behind one's expenses is not surprising. This lawyer, is the mainstream China lawyer, but by the media and the industry as a whole are ignored.

Occupation risk embarrassment: occupation risk exists

Many people wrongly that lawyer is one of the most no occupation risk work. However, they are not aware of, occupation risk lawyers are always like a Damour Chris sword hanging over the lawyer's head.

The earliest occupation risk, is a lawyer in the national basic useless investment, earn fees if privately occupied, used some, will be as corruption and criminal responsibility. Such cases are not uncommon in the last century eight, ninety time.

Occupation risk now mainly concentrated in the "criminal law" article 306th, criminal defense lawyer, a little attention will be on"Perjury"Give criminal sanctions.

Recently, new case, a Guangzhou lawyer charge the parties100Million yuan RMB, the police on suspicion of"The crime of fraud"Detention. In addition, with many civil disputes subject increase, increase the intensity or contradictory, as lawyers agent was often beaten the other party or abuse occurs.

So some people think that the lawyer occupation safety, was a misunderstanding.

Distribution: embarrassment are excluded from public ownership outside

Our country is a socialist public ownership. All the socialist public ownership of means of production, is owned by the state, production profits are owned by the state, the state use of state-owned assets to provide the necessary working conditions and labor welfare and social security for workers need full socialist etc.. In China, authorities have the authority in addition to the monetary wage outside the range of welfare and social security institutions, almost with authority about treatment, state-owned enterprises are state-owned enterprises of similar treatment, the farmer had a piece of land ancestor free farming, small businesses, individuals and so on have some of the necessary capital own can run.

Only lawyers, in addition to parents, spouses, brothers and sisters can provide some support, no one is willing to your input. To invest huge sums of money on the University, a university graduate, they have to invest time and energy and money to participate in judicial examination, examination, also take pitifully low wages or no wages to practice, practice has completed finally got "license" lawyer, also rented office, configuration of office equipment, investment promotion information everywhere to lanhuo. Finally get to live, see your light, junior grade, others can receive ten thousand yuan lawyer fees. Maybe you only received three, five thousand yuan, the parties also think that gives you a great face like.

After being a lawyer, you may not enjoy the organs, institutions, state-owned enterprises can enjoy the benefits of real, even a marginal real you are not eligible to purchase. You have to buy a house, buy a car, buy their own insurance, medical, pension and so on bear expenses. In a word, the public ownership under all except the public road, bus, free park these other than all the way of distribution has nothing to do with you.

But your obligations is not small. The society said"The lawyer paid", then you would pay for every dime you earn. Even if you only do a case throughout the year, received only three thousand yuan of money, you still have to pay three thousand yuan for the poor. In addition to the tax, you still have to pay. Pay management fees, lawyers association dues to the union, the risk premium, law firm management fee etc..

Free embarrassment: helpless"Free"

Many countries take the law as the"Free occupation"In China,, many people think that lawyers are free occupation, for lawyers"Free"It is the envy of.

The so-called freedom, contain several aspects of meaning. Including the freedom of thought, freedom of expression, freedom of movement, the freedom, the freedom of life. Some lawyers from the performance point of view, it seems China lawyers have the freedom to work, can not point, can talk freely, can flow freely licensed, can spend money without limit......In fact, quite otherwise.

China lawyers can be said to have freedom of thought, but the thought of freedom if not freedom of expression or into action, often can only be proved.

Due to fragmentation, departments Chinese each system, almost all have their own media, publishing institutions"Mouthpiece", to express his own voice. Only Chinese lawyers did not own media (although there are "Chinese lawyer" the magazine, but the essence is still belongs to the Ministry of Justice), more do not have their own house. Lawyers in private a person can speak one's mind freely, can say what they like, say what you want to say, but hard to make their voices heard in the society, therefore also resulted in other media have said"The lawyer"Seems to be a lawyer are rich enough, some of the media said the lawyer corrosion of the justice of the court of immediately take isolation measures contact lawyers and judges, but what the hell, only lawyers know, but just can't make a lawyer sound true.

Work, lawyers go to office does not matter, it is generally visible law of society"Free". However, although you can not go to the office, but every lawyer will have to worry for their jobs, to"Tomorrow's breakfast where"To be worried. Even if it does not go to the office, but not equal to not work. Organs, enterprises, institutions and personnel to the eight hour working day (many places and unit has less than eight hours), five working days per week, and many lawyers have almost all the year round without rest day, ten hours every day, but not everyone can see.

Free, is the premise and condition. When China lawyers all day to lead everywhere, in order to win around to ask for help, in order to life wandering, the so-called"Free"In front of you, you can really enjoy this"Free"? Specifically, the so-called Chinese lawyer"Free"Is helpless"Free", awkward"Free".

The lawyers law of the embarrassing: there is no guarantee the rights of lawyers

The article wrote here, I again pored over again "Lawyers Law of the people's Republic". The fourth chapter is the law"A practicing lawyer business and rights, obligations"In this chapter, from twenty-fifth to thirty-sixth a total of12A, the lawyer business accounted for1A lawyer, duty8The rights of lawyers, accounts for only3Article. The analysis of this3The rights, in essence pitiful.

As prescribed in article thirty-second"Lawyers in the practice activities of the personal rights are not violated"In fact, this is completely nonsense. In accordance with the provisions of our constitution, criminal law, civil law and other laws, any personal rights of citizens are not violated. As China civil lawyer, is certainly no exception, and not only"In the practice activities", is not"In the practice activities", lawyers' personal rights are not violated. So this so-called rights is actually a mere scrap of paper.

Lawyer law the provisions of article thirty-first the right to counsel"The lawyer undertaking legal affairs, with the consent of the relevant units or individuals, they can to survey."The so-called"Right"Additional"With the consent of the relevant entities or individuals"Conditions, actually became"The unit or individual concerned"Right now, for lawyers is must obtain the consent of"The consent of the relevant entities or individuals"Duty.

Remove the two so-called"Right"At present, the lawyer only right only lawyers law thirtieth, i.e."Lawyers, according to the provisions of procedure laws, can collect, consult the materials pertaining to the case, meet and correspond with the person whose personal freedom is restricted, appear in court, participate in litigation, and enjoy other rights provided for in the procedure laws."And this one, in the actual work or obstacles. Such as by the public security organ shall impose a penalty of administrative detention personnel if administrative punishment is not need to bring an administrative lawsuit, after the lawyer entrusted to administrative detention meeting with the parties, the public security organs tend to"The law does not provide"Refuse lawyers grounds. In this case, after the expiration of administrative detention, who refuses to accept the penalty of administrative detention decision, also does not have what practical significance.

Look at the Law Chapter seventh"Legal responsibility". This chapter5A, all legal responsibility of the lawyers and law firms in other sectors of the community, for violations of the legitimate rights of lawyers or lawyers' rights, no legal provisions. This chapter"Legal responsibility"All constraints, lawyers and law firms, is only the lawyers and law firms"Legal responsibility", no binding force to other social from all walks of life, to the lawyers' rights without legal protection in any. So the lawyers law, is a lawyer of chains, not to practice law guarantee. The lawyer law, for China lawyers, not worth mentioning.

In the face of consulting the embarrassment

Counseling is often the beginning of the lawyer business. All though the standard fees lawyer business provides consulting fee, but the vast majority of lawyers to contract business, provide free consultation. The lawyer occupation itself is a kind of invisible knowledge service, so the lawyer in the advice, in fact already began the service. In the face of free consultation, lawyer's embarrassment is inevitable. If your answer is very clear to the parties, the parties fully satisfied and accept it, then the parties may put aside his lawyer to operation, so the lawyer may win a word of thanks, but lost the opportunity for fees, compulsory contributed their wisdom to parties. However, if you have reservations, the parties did not fully understand it, again afraid if you doubt the ability and level, eventually losing this single business, still not received any fees. How to grasp this contradiction, for many lawyers, is a very confusing and difficult problem.

Facing charges of embarrassment

Because of the particularity of lawyers, lawyers and source of cases are introduced through acquaintances. And what about the relationship between China, since it is an acquaintance introduced to the case, you had some decrease in charges, mature talent feel the face, the party also feel happy. So, although the lawyer fees provisions, but many lawyers in many time all charges less than the prescribed standard. Otherwise, it may not only against friends, and lost business sources.

After the lawyer first charged a fee, if the case is relatively smooth, soon somehow closed, some parties will think"The lawyer was easy money", feel"Suffer"Then, try various devices to request the return of part of a lawyer fees, even at the cost of a complaint or trouble. But if the case is complicated, time is long, multi link, the input-output law was disproportionate, the parties will not add a little cost, only a thank.

Now more popular so-called"The risk charge"The lawyers in the case, after the end of the case according to the results of charge. In this way, the lawyer is more embarrassing. If the result is not ideal, not only the white lawyers into the human, material, energy, and even ridicule by the incompetent; if the result ideally, some parties without credit on the lawyer's fees shall not be.

Generally speaking, the collection of fees is often many lawyers handling more than one thing. For many firms, on charges, charged to cost more difficult; first charges, charges are more difficult to.

Facing the embarrassment of acquaintances

The lawyer's business, mostly from acquaintances or acquaintance. Some familiar friends, know that you are a lawyer, you may often invite you to dinner, entertainment, recreation, and eat when you often consult some legal issues. In this case, you actually have to he provides legal services, but you can not receive him the slightest lawyer fees, but also seems to owe him a favor. If one day you mentioned the charges, afraid that even friends do not do, so as a lawyer must also be maintained this is not very fair called"Relationship between friends"Until one day, a friend that large, complex, perhaps it may receive a fee.

An acquaintance introduced to the source, charging a high lead to a loss of face, low charge their own expense even have money, often let the lawyers stuck in a dilemma. Really want to handle this kind of contradictions and relations, it is a kind of art, is not the average person can learn.

In the face of the embarrassment

Many parties in the initial encounter legal disputes or need legal help, often be puzzled, to see a lawyer like to see the Savior, not only very respect for the law, but also very honest look, what is what the lawyer said, even grateful tears. However, when they in the long process of gradually understand the legal knowledge or have some progress, many parties began to neglect law, some in the original commitment to pay legal fees, and some even make trouble out of nothing to find a lawyer is not required, partial refund fees.

Many parties at lawyers when, say repeatedly repeatedly to pay you"Friend"After all is said and done, in fact, only one purpose, that I hope you less fees, and pay attention to his case. But often the case is over, you even the so-called"Friend"People can not find the.

So the lawyers said, some of the parties is"At that time people"--"That is, after not people"The. "Although serious point, but it is not without reason.

Many in the media about the relationship between lawyers and the parties, including lawyers associations and the competent authorities are of the view that the lawyers and the parties"Asymmetric information"The lawyer, for fear deceived the parties. But in the ability to pay and pay for the integrity, the lawyer and client exists"Asymmetric information". The party does not have what"The competent authority"Or"Industry Association"The constraint, so they lose faith, deception, or any extension of lawyers on pay lawyers phenomenon also It is often seen. Encounter so the parties, lawyers are often only dummy eat Coptis, cut teeth into his stomach swallow, not embarrassed?

In the face of death embarrassment

Shenyang1,18.The explosion in robbing the bank cash truck principals Zhang Xianguang2006Years8Month arrested after, media reports say many lawyers are offered to provide free defense.2006Years11Month9On a Xianguang explosion, intentional homicide, intentionally Shanghai, robbery case in Shenyang intermediate people's court.

According to media reports, the court, Zhang Xianguang thinks oneself The sin is great. death to escape, so it was Zhang Xianguang's turn to defense confrontation, lawyers just opening, is Zhang Xianguang harsh voice interrupted:"You shut up! I don't defend you......I am in the detention house and you said, I knew you The sin is great......"Zhang Xianguang slightly up:"The presiding judge, I have a request, I don't have to defend him!"When the judge let him plead, he only said one sentence:"I'm not what justification."

Sure enough, in the afternoon the sentencing, Zhang Xianguang was sentenced to death.

The reason why Zhang Xianguang refused to counsel, illustrates Zhang Xianguang knows his The sin is great., on the other hand, also showed his contempt, the role of lawyers in addition, is no doubt that he could not escape the death penalty conviction. In court, a lawyer told reporters, some of his understanding of Zhang Xianguang. He said, came to the meeting, Zhang Xianguang is not willing to lawyers involved, later heard her mother please accept interview."I asked if he saw no indictment. He said, no, no opinion. Light a1,18.Big enough I died."According to the lawyers understand, Zhang Xianguang knew that they would surely die, don't believe what lawyers can play a role, so do not want to let the lawyers to defend him.

Thus, if the court often are not those who suspect expected, then the role of lawyers in their eyes will inevitably become not essential. This is not only Chinese lawyer embarrassment, also is Chinese legal embarrassment.

In the face of corrupt official embarrassment

Wang Youjie, a former official Secretary of municipal Party committee, Luohe province Henan Municipal Standing Committee of Henan provincial Party committee, Secretary of Zhengzhou municipal Party committee, city of Henan Province, vice chairman of the NPC Standing Committee, was accused of taking bribes paragraph634Million yuan, otherwise756Million huge amount of property of unknown origin were investigated for criminal responsibility. In court, Wang Youjie"The prosecutor accused zhaodanquanshou"First of all, please the procuratorate. Then said"Henan people consciously sorry"Express"Say sorry to the people of Henan"In order to curry favor with the people of Henan, the. In the final statement in court, Wang Youjie for20Minutes of the confession, he will grow up experiences and their criminal history one one analyses. Wang Youjie also"Advise"An official who:"The gift parcel scourge, a wrong step is the abyss","The anti-corruption defense built firmly, interpersonal caution."This form to the Commission for Discipline inspection. Finally, Wang Youjie also said,"The subject to the Jingzhou court, no appeal."So, Wang Youjie also please the court.

More alarming, in order to please the public prosecutor, Wang Youjie had a spectacular. When the lawyer is on the prosecutor accused the mitigated punishment defense, the first lawyer finished, Wang Youjie suddenly to his defense lawyer says:"I admire your legal knowledge, and thank the lawyer."Then he asked the lawyer stopped defence, told the court that he accepted all charges, prosecution, let the court.

High, it is high! Is simply too high to be! I had to gasp in admiration. Wang Youjie appears to be able to be promoted step by step in official circles, is well versed in officialdom. This can be from the court's running the show performance can be see. He not only to please the procuratorate and the court, and the people of Henan and to the Commission for Discipline Inspection, only afraid of offending, only lawyers--Own money to hire for themselves do not guilty defense lawyer! The lawyer into the"Display"The only victim, the Wang Youjie show"Prop"!

Eventually, Wang Youjie was sentenced to death with a two-year suspension of execution, saved their lives, Wang Youjie should feel satisfied. Just, I don't know as Wang Youjie's lawyer, what feel lost or have a sense of accomplishment?

In the face of entrepreneurs embarrassment

In the early ninety century, corporate lawyer as legal appears to be a very glorious things. Many enterprises and even hired a lawyer calls heavily published its legal counsel and notices in the media. But the passage of time, today there have been very few enterprises to hire a lawyer to advertise the statement of the perennial legal adviser.

Although the lawyers law provides legal counsel, one of the main business lawyer is held the post of the enterprise. However, in the face of practicing lawyers and non lawyers legal staff, almost no what too big gap, smart entrepreneurs come very naturally to choose to hire non lawyer legal personnel working as legal adviser business duties. These non lawyer staff as enterprise legal counsel, for internal staff, not only all the year round classes, and the boss how command how obedient, and wage cost a few money. So, perennial legal counsel enterprises in this business is shrinking, the lawyer industry lost a piece of cake greatly.

Now the entrepreneurs, daily legal affairs basic to the non lawyer legal personnel, unless major or need to find some relationship in the case of only considering hiring lawyers to deal with, which makes the lawyer's professional advantage can not play, forcing the lawyer had to seek professional unexpected relationship stuff to maintain cooperation and entrepreneurs between. If there is no certain relationship exists, many lawyers have been very difficult to enter the entrepreneur interpersonal circle, also can hardly earn business lawyer fees.

Facing the embarrassment of vulnerable groups

The lawyer there is no source of income security, in the face of learning and practicing the enormous cost expenditure, lawyers can only try to seek the source to the market is the economic source. Rich and powerful people, they are a strong group of society, often do not have too many grievances, also do not have to go to court to seek legal protection. Even if occasionally encounter some legal problems, they can also find the corresponding power solutions. Even if the path of the court of appeal, can earn their money is only a small minority of lawyers. Therefore, most of the lawyers have to face more vulnerable groups, provide legal assistance for them, from them to find their own jobs, especially for young lawyers and civilian lawyer, more can only be met so customers.

The poor law suffered poor customers, it is a very embarrassing thing. Although many times the case to win, such as labor, work injury, traffic accident damage compensation cases, and so on, but as the social vulnerable groups customers often have no money to pay legal fees. At this time, as a lawyer, declined to hear the case, there is no case to do; to accept the case, will not receive fees. Dilemma, really embarrassing. Helpless, had to"Risk agency"There seems to be something to look forward.

　　"Risk agency"Later, did not receive fees but also subsidized transportation, communication and even litigation fees. The judgment of the court, the execution goes well, okay. If the court adjudicates injustice, or the case could not be executed smoothly, so lawyers not only have gained nothing, but also for the judicial status back so, if take it even all the blame on the lawyer's head, to the lawyer also should not be called day, call not to work.

Facing the embarrassment of the law

The law is the law of capital, the lawyer is the weapon of law. However, due to our legal construction history is very short, rarely from the draft and to review and through the process of a real lawyer involved in it, there still exist some problems, so while there is inevitably some problems without legal provision, some legal provisions are not scientific or unreasonable, some legal and regulations of each other"Fight"Some of the laws or regulations, can not be implemented, the awkward question.

The legal status of the master so, lawyer"The weapon of the law"It is a little bit"Incomplete"Not so"Sharp"The. But the weapons again"Incomplete"Old people, the problems and contradictions are resolved. So the lawyer hand"Swords and spears"Such a weapon to deal with"Yangqiangyangbao"Like disputes and conflicts, the difficult and embarrassing is one can imagine.

In the face of the law are not trusted

The lawyer occupation is the weapon of the law, also is the only legal. So as a lawyer, must often try to convince the parties believe that the law. Only the parties believe that law, parties can also believe that lawyer's legal analysis, in order to believe that lawyer. This is the relationship between lawyers, parties and the law of the three.

However, in reality, many parties would rather believe"Relationship"Do not believe in the law. So, when some parties to find a lawyer, first of all see often is not a lawyer's legal level and ability of handling a case, but with particular emphasis on whether lawyers and judge or court leadership has no so-called"Relationship". In such party's eyes, law is not legal service providers, is just the typical law"Broker"Nothing more. So, some parties rather than by you to the judge thirty thousand bribes, but not willing to pay you three thousand attorneys fees.

Sometimes, lawyers for the parties clearly analysis can win cases, eventually exceeding one's expectations of the lost. You know that the court's decision is wrong, but in the judicial process is not correct. So the parties not only no longer believe in law, and did not believe in the law. As a lawyer, losing just a customer, as the law, a large but lost the parties may affect the trust. In order to feel sad at the same time, the lawyer felt deep sorrow to Chinese law.

In the face of the judicial organ interior regulations embarrassment

The lawyer handling is mainly based on the law. However, many legal problems have as clear as noonday provisions, however the judicial some jurisdictions, but is not workable. Or when the law does not expressly, lawyers can only listen to the relevant organs of internal regulations say. This time, the lawyer is not only difficult to for the parties to succeed, but also for the parties to the legal analysis of the lawyer had doubts, the lawyer disgraced.

As China's "Civil Procedure Law" expressly provides for an order of payment procedures, and there is no provision for payment of such restrictions, the Supreme People's court in litigation fee specified in the application for a pay warrant only need to pay100Yuan of litigation costs. However, there was a time when I was a party10Million yuan of debt disputes to the court for an order of payment time, court staff said they court rules,10More than million yuan of disputes shall not handle the order of payment, must carry on the lawsuit. Thus, not only the parties had to pull out3500Yuan the cost of litigation, and the lawyer had to all parties to save the time and cost of litigation will suddenly come to nothing.

Also, China's "Civil Procedure Law" expressly provides for the procuratorial organs have the right to appeal to the court of the effective civil judgment, in order to safeguard the dignity of the law. This provision is not only the right, the procuratorial organs, procuratorial organs duty also. As a lawyer, after according to the law to provide the necessary materials, natural to think that the procuratorial organs have no reason to refuse the application filed by the parties protest. However, a procuratorate has internal rules, the parties apply for appeal, must be to make the original judgment and final judgment court copy the files, and the court record room chapter can be accepted, otherwise, even if your material to complete, reason to fully are inadmissible. The internal regulations, in fact is to make things difficult for the parties, is to escape the protest obligations to the legal provisions of lawyer, but for the sake of the interests of the parties, they must accept the provisions of the internal difficulties and run around here and there. Otherwise, you will lose the trust of the parties.

Moreover, the laws and regulations of our country party refuses to accept the public security organs of administrative detention may present reconsideration or litigation. But after the parties entrusted lawyers, administrative detention is often not prescribed in the law only refuse lawyers detained by administration of the party. When the lawyer run around here and there to obtain the approval of the meeting when, often the detention period is almost full, then the meeting is not necessary at all.

The lawyer law provisions can learn, and some judicial organ internal regulations lawyers don't know. However, in reality many judicial effectiveness of internal regulations are often higher than the national law, the law in accordance with the law to the analysis judgment, it is inevitable that beat all the embarrassing. This time, as a lawyer, often there will be a hoax, was playing feeling, that feeling is really terrible.

In the face of investigation and evidence collection of embarrassment

Since the reform and opening up, people's legal consciousness is increasing, this is our country's blessing, blessing is Chinese lawyer. But on the other hand, it can be said that the lawyer's misfortune.

Early in the last century eighty's restoration of the lawyer system, people unfamiliar with the law, the law is more strange, even many people cannot tell the difference between the public prosecutor, law officers and lawyers, so at that time, only a lawyer"The legal advisory office"(at that time most haven't changed its name to the law firm) letter of introduction, to any unit of investigation and evidence collection basically all SMOOTH OPERATOR, also can get very good support unit under investigation and cooperation. So that the law can be said to be a symbol of identity.

Now, the lawyer has been completely out of power system to the market, but the entire society has not completely towards the rule of law. So when out of power system of lawyers in the investigation, not only lost the power to support, and no legal protection, it is embarrassing.

The lawyer forensics, some units do not match, the lawyer only apply to the court for evidence. Some units of the lawyer investigation of evidence as the"Revenue"Means, impose higher fees do not say, there are many local policy constraints. For example, forced to provide the court notice etc.. These local policies, clearly reflects the law of discrimination. An important part of the lawyer since is the national judicial system, and obtained the lawyer's license after Cengcengbaguan, why lawyers work must rely on other judicial organs? This clearly reflects the distrust of Chinese lawyer. "Obtained the certificate of practicing lawyers" regardless of knowledge content, difficulty degree, strict, or review of the issuing organ of the administrative level, are much higher than the "identity card", but also to the annual inspection, but socially recognized degree, but even a everyone some ID card or driving license is not! This is indeed a great irony of China lawyer. If so, I really do not understand what the necessary Chinese lawyer to pay such a high price for such a book!

Face"The losing"Embarrassing

The lawsuit win or lose. In court, the both parties want to win the case, but the court can only judge a party to win the lawsuit. A winner is a loser. Some parties, while lawyers have described cannot guarantee the lawsuit will win, only lawyers make the greatest efforts to collect evidence, find the legal basis, for the most advantageous to the results, the parties had also expressed understanding, even the repeated statements don't care you win or lose, as long as the lawyers try to it. However, when the verdict, if the result is not ideal, they are left out in the cold light of lawyers, heavy then make trouble out of nothing, and lawyers entanglement, request a refund or"Compensation"The lawyer, impossible to guard against, also be pestered beyond endurance. Especially in some cases, lawyers and The loss outweighs the gain., accompany in a lot of time and energy, but because of all the lawyers will and responsibility and lose, the parties have no way out, he put all the resentment and anger will vent to his lawyer head up, more make the lawyer.

It's said,"Do not talk a hero with victory". This is the evaluation of the battlefield generals a objective and fair. But in the eyes of the parties, for the evaluation of lawyers, only"To victory or defeat hero". Now many entrepreneurs, is more often"Results only ask process"Hang in the mouth, so whether you lawyers to prepare how meticulous work seriously, how, how hard to view, analysis how to correctly, but if"Transmission"The lawsuit, everything is in vain, all knowledge and effort lawyers are in vain, do not get any.

Face"In favor of"Embarrassing

When the parties of litigation, often hired a lawyer at the same time, will find a wide variety of so-called"Relationship"In order to no danger of anything going wrong. As a practicing lawyer, occupation standards require that the parties not to"Packet win"So, often in the position"Leave some leeway"Don't make promises, will win. However, the so-called"Relationship"But without any constraints, took the benefits would dare to stand"Packet win". So, the lawyer working on a case. In the foreground run around here and there,"Relationship"But in the background to comment on the backseat driver. The last case if it"Win"The party has put, the credit note on the so-called"Relationship"The head, the"Relationship"Develop"An important role"The lawyer, and the professional work but to pay no heed. Under such circumstances, as a lawyer, instant"Win"The lawsuit also awkward.

Face"Sincerity"Embarrassing

To the party, lawyer's honesty is very important. But for lawyers, the good faith is also important. Although there are some lawyers do not speak the integrity of the scum, but for the majority of lawyers, because of the management and supervision of Lawyers Association and the Bureau of justice, considering their reputation and brand, so have to restrict ourselves, as far as possible to the pursuit of honesty.

But for the parties, in addition to a commission contract with the law firm, then nothing can constrain the parties to abide by the principle of good faith. So the lawyer parties when parties It is often seen. deception. Some parties promised to let you do not let you do. Finally, some parties promised to pay the fee is not paid, some party or even play away, let the lawyers don't to the people.

For the parties, often the legal service is in its"The accident"Or when disputes need, basically belongs to"A one-time consumption"The lawyer, and no public power can restrict the parties, so some bad parties will give the lawyer"Lip-service"Not only do not fulfill their promise, even, does not perform the principal-agent contract agreed to pay legal fees obligations. So, when accepting the entrustment by lawyers, often need to pay service or service for about half a day.

To do good

Since we are young, educated, whether it is from the parents, or from school, or from the elders and leaders, education we should be good, not bad. In the early stage of the development of commodity economy, people are recognized by the exchange of goods, think that is normal, also feel very equality. In the service industry is still not developed time, between people, as long as no material interests, mutual help is free. To help others, as long as they can get the respect of others, a word for word also satisfy the most, next time I have to ask the other side to give some help. Now with the development of commodity economy, many of the original ethics, morality, concept have been broken, in relates to material interests, some people even relatives, neighbors, classmates, at the same time, will also take account calculation is very clear, take or somebody else, you must pay for it, who will not owe.

However, in legal services, but has not formed the commodity idea. Many people still believe that, with the others even a page, as long as the tangible things, do not feel shy of payment, will be offered to pay the. But for many people to talk to a lawyer, lawyer, with an idea. The lawyer combined with his legal knowledge, head movement for a long time, at the expense of many brain cells, and finally to the parties out of his mind, think the way, clear the thoughts, words say, knowledge and advice immediately absorbed by the parties. In this process, the parties from the lawyer there is analysis and opinion invisible, but did not take any tangible substance, even when the table to talk or parties to pay the bill. In this case, neither of the parties is willing to learn and accumulate knowledge lawyer law such superb and solve their question or problem that pay most lawyers, but mixed have dined and wined to satiety. These lawyers, to do good, but not good. There is no source of income, living is a problem, but also how to talk about"High-income"?

If not, the result may be the lawyer charge money, against friends, blending the Regal isolationist, finally did not have the face. The most"Gaoming"Means, for consulting, even the mother me also not too clear, but both parties feel hopeful, think to its advantage, and let the parties can not be indecisive, must entrust a lawyer to do not. Even a few words can solve the problem, not to make a lawsuit, the simple question to say and complex, so that we can earn money. But such practices, make money but lost the moral bottom line, will inevitably become a curse"Black lawyer". For those conscience remaining lawyers, they don't do for their survival, so dry but embarrassed his conscience, inner pain and contradiction is no words to the table.

Other people to do good deeds, in his spare time or spend the spare energy to find in helping others, is beneficial to the society, to their own sound, the mood is calm. But for lawyers, if holding"Find in helping others"Attitude to work, when you go home hungry, will"Cry"The. So, do good or living? This is every lawyer had to face the embarrassment.

In the face of public interest litigation

Lawyers in addition to hold the legal knowledge does not have any public power and public resources, so the lawyer was excluded from any interest group refers to the external. As a lawyer, is bound to be more the pursuit of fairness, justice and honesty than any classes and groups, otherwise, the lawyer can only become the victim of some interest groups. In the face of some organs and departments as well as the monopoly industries use of public power and public resources to seek improper interests or illegal profits, not only the most easily seen through a lawyer, but also the ability to pick up the legal weapons to step forward bravely, Hangxiazhangyi, defends against injustice. That is why in recent years have proposed many lawyers in public interest litigation.

However, some interest groups and monopoly enterprises, in the face of public interest litigation lawyers to Justice request, they do not reflect on and review of its own, but always with the lawyer's personality and motivation to move, said the lawyer is"In order to be famous","In order to make a profit"Wait. Step back, even if it is to"Famous"Or,"Reap profit"Well, as long as the proceedings according to law, this and the pursuit of public welfare undertakings are not contradictory, justice and legitimacy also does not prevent lawyers filed public interest litigation. But the lawyer did not own"Mouthpiece"Therefore, many public interest litigation lawyer by some media criticism also feel helpless.

Ministry of railway transport during the Spring Festival during this year decided to train ticket prices do not, the people of the whole country to applaud. Many people know, in recent years there are several lawyers sued the Ministry of railway transport during the Spring Festival continuously during the train ticket prices, and therefore caused a national transport during the Spring Festival train ticket prices during the period of attention. It should be said, this year during the transport during the Spring Festival train ticket prices do not decision, certainly cannot do without the tireless efforts of a few lawyers. However, when a reporter interviewed with the Ministry of personnel, but they denied the price train tickets not with lawyers proceedings related to this year. In fact, it is acknowledged with several lawyers litigation about and why?

In order to public interest litigation, many lawyers The loss outweighs the gain., lost a lot of time and money, and even many repeatedly v., but also accused to"People fishing", success, but are not given due recognition, how embarrassing it!

Public interest litigation even if the lawyer is to"Famous", then this"In accordance with the law"Famous than those"Famous one off","Make a fool of fame","The scandal","Wu Chao","A famous"I do not know how many times to the noble! And it also contributes to the progress of our society, we recommend, to encourage you and why?

In the face of embarrassment and

Lawyer"Eating and drinking"The phenomenon is relatively outstanding, so that some people in society the main impression on one of the lawyers will include"Eat drink"This point. In fact, the lawyer"Eat drink"Are not born, but not voluntary, but forced out of the.

First of all, many people ask a lawyer, in order to win over, please the lawyer, lawyer and often take the initiative, and on a case on the table. So the law in order to provide services, but also to receive the case, can not accept the invitation, customer will be with the Lord, and the wine and dine. This kind of food and drink, the general is not a lawyer voluntary, mostly parties offered, often spending is not money, but the parties out of their own pockets, so there is no what too much harm to the society, it is to stimulate the consumption, promote the development of service industry is the point.

Secondly, some law enforcement officials asked the lawyer treat. The lawyer did not any public authority, practice everywhere heteronomy, in order to facilitate the work himself, such consumption and entertainment is also be compelled helpless, have to.

Also, is the law in order to run the case, in order to give the party a satisfactory results or explain, have to take the initiative to invite some agencies or departments, please them to eat their own company.

So the analysis, the lawyer called"Eating and drinking", are tired of work. Most of the time, because eating and drinking also may hurt a stomach, time-consuming and money, a lawyer may not be willing to.

For lawyers, sometimes"Eating and drinking"Is helpless, but it fell"Eat drink"Notoriety, also be really embarrassing.

In the face of friendship

As a lawyer, the parties have time for you, to tell you climb"Friendship"In fact, most just to let you take his case or less feed cost. The case is to end, often called"Friendship"Also declared the end of.

But for the past who had pure friendship of classmates and friends, if they do the judges, prosecutors, police, lawyers and their business contacts, it is very difficult to maintain a pure friendship, will eventually pick up some"The stink of money". For some have fallen or hopes through lawyers point property"Old classmates"Or"Old friends"The lawyer is not contact, not because of work, can not open. But often contact does not work, because all kinds of costs and expenses inevitably fall in the lawyer's body. If not go, do not involve economic exchanges, it also no friendship.

As a lawyer, a new friendship is not easy to get, the old friendship often faces the risk of loss, how embarrassing it!

Face the judge's embarrassment

A person of any occupation do long, will play the occupation. Can say even, occupation determines the life, work attitude. On the relationship between lawyers and judges, although the two have"The legal weapon"As a lawyer, even at the technical level to grasp the better, but the lawyer with legal weapons had to rely on the judge's hand, and the relationship between lawyers and judges will then twist.

In the court or the court it should be said that judges and lawyers are common on the stage, the two inequality is almost always visible. Generally speaking, whatever their age, more knowledgeable, how rational lawyer, in court almost show little humility. In the court, if not to clothing to judge, only to the attitude to judge it, so those who behave in particular kind, polite, speaking very amiable, Nive out of ten are lawyers.

On the contrary, as a judge, even the court judge assistant, clerk, no matter how small age, low legal literacy, but show little bully, even unreasonable cunning three, Daniel does not forgive people. In attitude, some court staff told lawyers like parties, want to Daniel, do not want to ignore, as lawyers owe their home eight lifetime of debt like, with disdain, and even hostile sarcasm is not rare.

In the case analysis, many lawyers in court or not sleep, carefully drafted his own defence or agency words, but to the court, the judge even listen too lazy to listen to, repeatedly excuse"Time is limited","Don't talk about irrelevant to the case"And so on for interrupting lawyers speech. As a lawyer, I really hard to understand, a court case could drag on for months or even a year or so before the court, how easy to court, but even more than a few minutes to speak to a lawyer had no time? It There is no such a rule!

Finally the verdict, the verdict is rarely fully, agents lawyers reference the correct. Many judgments, lawyer90%Correct ideas are to pay no heed, but will be the judge not to catch only10%Defective or inappropriate, the final decision all defense lawyers dismissed or agents, lawyers only lament is helpless! What is more, some judges even misinterpreted, distorted views of lawyers, lawyers for their decision to dismiss the correct opinions"Manufacture"According to lawyers, find it hard to vindicate oneself.

The court set the trial time, some judges is half an hour late, an hour is no problem, even say cancel to cancel, as a lawyer without what way. Some lawyers occasionally sitting late5Minutes,10Minutes, but the judge according to the default, or default, or as a case to treat, let the lawyers want to cry but no tears, the lawyer in the front face lost, even by Party claims.

Lawyers and judges in private dinner, entertainment, playing cards, often paying lawyers not only, also show mercy to a point. But the court, some judges to lawyers and not the slightest mercy.

Face"Bribery"Embarrassing

In recent years, the lawyer"Bribery"It seems more prominent. A large number of intermediate court a judge bribery, involving some lawyers, resulting in high vibration, then the lawyer a year high"Rectification"."Rectification"The lawyer is not, all over the court and then have introduced legislation to prevent judges and lawyers contact, also call"Isolation between the judges and lawyers with".

This is China judicial shame! The lawyer does not contact the judge, and the judge can't communicate effectively, so lawyers also do what case? Lawyers from the legal knowledge is also where to play and use? When the court? But there are few sessions can let the lawyers to say? And several court court decision?

The current system of selection of judges, should"Highly educated","High quality"Again"Excellent performance","Red Miao Zheng", both to"High professional level"Again"Strong political"The court system, there are layers of leadership"The correct leadership"Also, the procuratorate, commission for Discipline Inspection"Supervision"......If these are in place, the lawyer to the judge"Bribery"In prison, so is the first law, the only law. Even if the lawyer to"Bribery"So, are unlikely to let judges shaken, but only let the lawyers are ugly.

However, the fact is many judges sacked in our country, down to the grassroots judges, dean to the Supreme court. Its root in where, fool also know, but the whip but on the lawyer's body! It is"Force young girls of good families to prostitute themselves"But, kiss and tell, put all the blame on lawyers, lawyers not embarrassed?!

The current social atmosphere, great influence to the whole society of justice party. Many parties find a lawyer, regardless of level relations, this situation is a lawyer would like to see? It is caused by the lawyer? To find the source, is the real solution.

Such atmosphere, do a conscientious lawyer, tired and hard to do without conscience; a lawyer, difficult and uneasy conscience. China lawyers in the dilemma of existence, who knows the taste? Only lawyers themselves!

Facing the media

Raise the social status of lawyers, lawyers play a role, lawyer, justice of society, including lawyers reputation, they cannot do without interaction with the media, cannot do without the media on the lawyer's introduction and promotion. However, the hundreds of thousands of lawyers and far more than the number of lawyers and non lawyers legal service workers, but do not have their own opinion. Legal periodicals throughout, basically still belongs to the party and government organ, the judicial aspects of the report, also on the public prosecutor, our method, and other organs, the lawyer's voice has no place to send.

A lawyer to handle the general case, the media are not interested in reports. Occasionally meet with news or important case, the lawyer's voice is often due to not meet the official media denied reports tone. Even in the face of those affected by the huge media attention the case, often because of the reason as everyone knows but ignore the law view. Some senior officials of corruption crime case, although the court claims"Open hearing according to law"However, even the official media reporters have been shut sb., other ordinary citizens more because it is difficult to get those can be counted on one's fingers"Audit certificate"Less likely"Open"For another, the lawyer again brilliant arguments, it is restricted within a limited scope. Even some media reports in defence lawyer even the name of a lawyer would not mention. The netizen says today's Chinese no"Barrister"! This point is true. The so-called big lawyer, who should be full of justice and wisdom, not only to their own voice to the society, but also to the tremendous influence of lawyers. While the lawyer to their own voice to the society and the tremendous influence, from the media, it is impossible. This is why can cause such as Shi Yang, Zhang Shizhao, Shi Liang and so on lawyer and now it is difficult to produce such a barrister lies in the period of the Republic of china. Now China lawyers, is not the lack of justice and wisdom of the lack of law, but it is the lawyer media environment.

Many lawyers to uncover a face in the media, but free for some wide media attention by the case, such as Ma Jiajue case, Qiu Xinghua case, Handan bank robbery. This result is often not as lawyers in this industry face, on the contrary, as early as expected verdict is greatly the overall harm to the dignity of lawyer industry. Some of the media to report some of the lawyers, as their lawyer"Grace"Also, often with a lawyer to benefit. In such circumstances, the lawyer is the lack of normal interaction with the media, and lost the court audience the audience, most lawyers can only silently give play to their wisdom and justice, of course, to become a so-called"Barrister", is reluctant.

In the face of enterprise recruitment embarrassment

Most of the time, think a lawyer too tired, need to face every aspect of it too much, too complicated, are struggling to cope with, can't handle feeling. So compared to some managers, think or work in the enterprise is simple, easily. Many lawyers and switched to apply to enterprises as counsel or legal specialist.

In fact, as entrepreneurs increasing legal awareness, legal advisor for enterprises to jobs are more and more attention. Many large enterprises have the open recruitment in the community legal adviser. After all, legal advisory work or professional compare strong, but also has a certain importance, so business owners generally unable to arrange their own brothers and sisters, relatives and friends, what laws to do this work, but must be open to the public recruitment.

However, many enterprises in the recruitment of the time, on the surface of the counsel for the job very seriously, set of requirements is very high, are generally required to master degree or above, have lawyer qualification, had a relationship law firm or work experience, judicial organ and the local judicial authorities closely, have several years of work experience, but also the local several years of experience in this industry. From these conditions, these requirements should reflect the legal consultant work.

However, many enterprises also require applicants to age30Years of age or35Years of age. If you take the measure, in line with the conditions in this age of the staff is almost zero. Simple math, master degree, generally in the25Years of age. If you use1Years passed the judicial examination, and then1Years of practice, then a lawyer is the fastest to27Years old. At law firms don't do first assistant lawyer, is the independent practice, not a3,5Years, I'm afraid not to touch the lawyer felt. And when that, so to find a lawyer feeling, generally more than30Years old. To become a mature lawyer, at least have to exercise3,5Years. So, basically be a mature lawyer35To enter the best state. This is not the local experience, the industry work experience.

Since so, qualified personnel Jiben the last No. Perhaps the country hundreds of millions of people, there are so few meet the conditions, but they are not willing to this position for enterprises. So many companies seem to enterprise legal adviser, all the year round"High salaries to recruit"For several years, but often not hire a suitable, had to continue to recruit. Such recruitment, not recruit people mind is that you don't want to hire the person. So many lawyers in the hope of change, is also very difficult.

In the face of non legal workers

As a lawyer, enter oneself for an examination to test undergraduate, on-line, registered to practice, annual pay, are related to each cost, not only to pay the knowledge capital, but also pay the economic costs. Finally all the customs clearance, but found not the queuing pay lawyers at the door, but you have to go everywhere to find the source, can not find the case there is no food to eat.

To Chinese large, many people, only the thousands of registered lawyer, lawyer, how don't have jobs? A look back, the original lawsuit does not necessarily have to be a lawyer, as long as the parties are willing to, almost what people can agency case. One of the most important, is that some non lawyers, legal workers. This among them, both the legal workers grassroots legal service, there are a lot of in the Legal Affairs Office of the enterprise, and even some social workers also rely on this to make a living. Some of them, in accordance with the regulations is not called"Lawyer", but both in society, or in the judicial organs, they are generally referred to as"Lawyer"The lawyer, and grabbed a bowl of rice to eat. Some of the individual doing better, more than lawyers make money, still wide, take a Sheet Cake lawyer, but not by so many lawyers constraint. Some people make a thing, media indiscriminately to call"Black lawyer"How, the corrupt lawyer overall reputation.

For such situations, many lawyers are be indignant, feel for those who go through untold hardships to study hard to get the qualification as a lawyer by the lawyer system management and constraint lawyer is very unfair, it complained. Some departments, with some interest in this phenomenon, open eyes closed eyes, to pay no heed. What the lawyer said much, but seem powerless is not competitive, and may be subject to ridicule. Besides, most non lawyers legal workers live in crack is not easy, lose their jobs do me wrong? The results, it has been down, did not see relationships.

In the face of peer embarrassment

Since the last century in the early ninety, although the number of Chinese registered lawyers increase is limited, but for more than a decade, much more quantity of legal service personnel increased obviously than registered lawyers increase. So the legal services market to some extent been oversupply situation, law between the low competition, vicious competition condition has occurred. Many lawyers played"Free consultation","The unsuccessful charge"Signs, in order to solicit the business.

In such a vicious competition situation, lawyers have all gone. Many smart parties often free ask a lawyer, then free to ask lawyer, finally still is not at ease and free to consult C lawyer,"Than three goods", forcing some lawyers had to break the lawyer charge standard baseline.

Some parties, then ask East West asked, gradually out of the non assertive state, clear thinking, clear the legal relations, will solve itself or to the litigation, and so"The lawyer is Huo Leifeng", did not bring good.

Facing the embarrassment of the partnership

They said a long time ago,"Forced love does not last"Many facts also prove,"Arranged marriage is not happiness". However, the lawyer management, regulations of the competent authority has compulsory established law firm must"There are more than three lawyers"As a partner. Lawyers work characteristics, determines the intangible resources of each lawyer different cases, different sources, different handling charges, in different ways, the different levels of trust. And legal provisions, each party can only employ two lawyers, many parties from the economic consideration, often only need to hire a lawyer is enough. These characteristics of lawyers, lawyers and the parties decide basically is a one-to-one relationship.

The provisions of the competent authority must be established law firm"There are more than three lawyers"But in fact, the law firm management, more than three"Partner"It is often difficult to reach a consensus of opinion. Between the partners interests and distribution is difficult to achieve balanced and fair. So this"A horse"Knot not"Sweet fruit"To,"Forced marriage"The"Arranged marriage"Do not bring the inevitable"Happiness"The separation of the very common, so the partner, cease to exist except in name,"Sleep in the same bed but dream different dreams"There is widespread, even"False partnership"Also not uncommon.

Seeing so many lawyers"Form a partnership"Truth and status, not partners feel that not enough independence, not independent, the partners they feared trapped cannot get away, with the Justice Department issued a "lawyer license" but not independent practice, also have to"Link"One firm, unnecessary delivery of many of the costs, is really embarrassed.

Facing the embarrassment of management

The lawyer did not have a penny of the state-owned assets, and no public power a little bit, lawyers have legal knowledge, is just the familiar and the huge price to pay in order to obtain the knowledge. China lawyer now, basically and"Self-employed person"Almost, to fend for themselves, independent business. But also the"Self-employed person"Different."Self-employed person"As for the business license, accept only industrial and commercial authorities and tax administration, under other circumstances, as long as the law-abiding and pay taxes on it. The lawyer is different. First, through the China most difficult judicial examination, and then to training and learning, and also a year of internship, hard conditions, a person but also not get the license, also have to find a lawyer office reception, so that they can eventually get "license" lawyer, is being a lawyer.

Such a management system, lawyers should pay lawyers association dues for thousands of yuan, but also pay law firm"Management expense"Then, in practice, but found no what mechanism can be a good practice environment for lawyers to create, no law firms to provide Everfount cases for the lawyers, all depends on the individual lawyers to work.

This phenomenon is just like a person has made"Self-employed person"The business license is not business, must go into a company to operate as absurd! Even in the"Company"Li, is not to pay, but with their own"Self-employed person"License for business to"Company"Turned in"Management expense".

If the self-employed must be managed, I'm afraid China self-employed became extinct. But China lawyer is such a management mode, and can only accept this kind of management pattern!

Another from the judicial administrative organs of the various constraints. As a lawyer, often only see to this and that for the community to do a variety of tasks, but very rare which organs or units can do duty for lawyer. Lawyers had their rights and interests are not protected, but also how to talk"In accordance with the law"Safeguard the legitimate rights and interests?

The judicial administrative organs to the lawyers and lawyers association through personal "lawyer license", is bound to the individual lawyers for lawyers, stipulate the lawyer delivery cost to the individual lawyers, archives, inspection and so on management to the individual lawyers, do not understand is, why a man cannot alone lawyer to the judicial administrative organs and the lawyers association responsible for the partial regulations and law firms to"Administration"And the constraint lawyer?

As the individual lawyers, undertaking various kinds of obligations to the judicial administrative organ and the bar association, accept their management and restraint, but also to the law firm assume various obligations, to accept the management and restriction of lawyers, but as the individual lawyers what power or right? The authorities in addition to the individual lawyers"Management and constraints"Besides, it can provide for the lawyer what conditions or bear the obligation? The equality between rights and obligations? No one seems to consider these questions. This kind of management pattern, as a lawyer, the burden is big? Who is the individual lawyers consider these problems?

The individual lawyers practicing certificate "lawyer" to pay annual registration fees to lawyers association, the law firms have to pay management fees, lawyers are able to earn money but no one tube. Every year millions of lawyers pay, annual loss of lawyers have to pay. Some so-called"High tech Enterprises"Also, the state"The free allowance"Yes, we have"Export enterprises"Also, the state"Tax rebate"Yet, many young lawyers, even run behind one's expenses, also still fee and tax. This management mode, in addition to the lawyer industry, no industry is so cruel and ruthless.

Face"Charge back"Embarrassing

The lawyer occupation characteristics, is"Individual combat"Rather than"Team competition". It is this occupation characteristics determine that each individual lawyers must have their own "lawyer license", must accept the annual examination, must respectively pay membership dues. Source case, lawyers customers, mostly rely on Lawyers personal efforts and strive for, in general and other lawyers have no direct relation between. A lawyer to handle the case, often also own a person independent, responsible for their own party alone. All the parties, the lawyers are only willing to contact their trust.

Since the law is"Individual combat"Hold a practicing certificate alone "," lawyer, find the source, to contact the customer, independent, independent membership dues, independent legal liability, in the face of his own party independent, why not independent fee? How to become independent fee"Charge back"? Why the independent contributions don't say is"Privately payment"?

Many lawyers accept cases or customer reception, basically have no time, place, where every day24Hours on call, if the limit law"Charge back"Then, law firms, financial personnel administration is simply not possible to do regardless of time, place, where every day24Hours on call. So, don't lawyers can only refuse to handle the relevant procedures, refused to clients to send up the lawyer fees?

Force law firm"Uniform entrustment","Unified fee"Not only increased the lawyer's cost, but also increased the firm's cost, but also increased the client's cost, the reality is also very difficult to operate. The hospital treated patients, banks with large depositors, but also the implementation of"Door-to-door service"Yet, in the legal service market competition is becoming increasingly fierce, the lawyers can also put a picture"Businessmen"Face to request the client must come to go through the formalities?

In fact, the lawyer"Charge back"Is the inevitable choice of occupation characteristics of the decision. The key problem lies not in whether lawyers fees"Privately"Last, but in the related management have come to. As long as the lawyer charge is the use of law making procedures, unified ticket and conforms to the standard charges lawyer business (should allow afterward reapply formal procedures), so completely to the individual lawyers should be a certain freedom. However, the relevant competent authority only to their own convenience, but he must have the lawyer personal toll free"Kidnap"In the law firm it broken"Carriage"Last, the lawyer almost entirely lost the toll free. Otherwise, it may be take"Charge back"Punishment or sanction. Provisions so rough, lawyer embarrassed not to say, law firms are also very embarrassed.

Facing the title of embarrassment

Early years as a law firm"Institution"When the system of professional title, lawyers can smoothly push down. Because lawyers were still"The national cadres", regardless of position also scored a title to compete, not promotion also have promoted a title. The title promotion, often pay will be promoted.

The lawyer industry"That"Implementation and subsequent"From restructuring"The practice, now no more to lawyers Title seriously. In addition to the earliest part of people still on senior or intermediate title his lawyer industry, now almost nobody took the title seriously.

First of all, the evaluation of professional titles Department lack of authority. Now many departments often by less knowledgeable to experts assess the title knowledgeable, so out of the title assessment of the degree of social recognition is not high.

Secondly, some of the provisions of the evaluation of professional titles is not scientific. Professional issues do not say first, to say that language, as a lawyer in court Chinese, language is Chinese, foreigners said in court would have to be translated into Chinese, but the evaluation of professional titles have had foreign language achievement pass. Many Chinese are not well, is"Pass"What language can how? So it has become blocked lawyers professional titles of the threshold, the lawyer lost interest in the evaluation of professional titles.

Finally, the evaluation of professional titles without any benefits. The evaluation of professional titles in addition to pay a certain cost, give the lawyers have not any benefits. The lawyer titles, neither in position, business hook, hook less and wages, benefits, in addition to entertain"Self appreciation"And publicity, almost no one cares what you title. The community on the evaluation of lawyers, lawyers often depends on how much money, how much money, who can afford to who, who who, who is"Lawyer", in such a social background, professional title come very naturally not what meaning.

But there is no title or social not any lawyer Title lawyers also very embarrassed. No title to divide the qualifications and the level of lawyer, the social from all walks of life cognition of lawyers will inevitably produce some confusion. Debut at the beginning of the lawyers call a lawyer, practicing decades lawyers also known as lawyers, even society has made no "lawyer license" and the lawyer qualification of people in"Lawyer"The general said, the parties on their own feeling is difficult to determine which law is true"A senior lawyer"A lawyer, which is just a way of"The solicitor", who is called"Black lawyer"Or"The fake lawyer". The lawyer industry, showing no leader in pass off the sham as the genuine, bad coexist situation, unless the parties have certain experience and luck, otherwise there is the risk of being cheated.

Lawyers in the lost the title at the same time, also lost the normal channels of social cognitive lawyer. So in recent years have been engaged in lawyer occupation full-time lawyers more and more difficult, while those with a university"Professor"Other titles of part-time lawyers is more and more popular, it is not surprising.

In the face of a way out of the embarrassing

China lawyers have basic open, fair, standardized system into the channels. So now entering the legal profession as a lawyer, as long as compliance with the statutory conditions, the door to anyone open, refuse nobody. However, any one industry if only the entrance not export, balance and development will damage the industry, and cause all sorts of problems. Now the lawyer in this industry exists only entrance no export problems. Judges, prosecutors, police officers resigned as a lawyer, easy, and lawyers resigned as judge, prosecutor, the police officer is almost impossible.

We know that in western society, good lawyer can become judges, prosecutors, police, can run for Congress, to run for president, thus keeping the law and balance. And China lawyer once they become lawyers, have been excluded from the outside, only his life as a lawyer occupation as a means to make a living. The lawyer even do again good, almost difficult to enter the system as the higher state organs duties. Although in recent years as a lawyer number of NPC deputies and CPPCC members has increased, but it was just a part-time in name only, and may not be a occupation. As the NPC deputies and CPPCC members of the lawyer, but also depend on the lawyer's occupation. Of course, some recent known as"Lawyer"In fact, the professor is legal person employed by a Supreme Court and procuratorate, but rather, they do not represent the true Chinese lawyer.

In the design of such a system, Chinese lawyer, young, or old, are facing great pressure and pressure of a future. Young lawyers in the absence of old lawyer exit mechanism and competition is not to make a living source facing pressure, the future loss. Young lawyers as young lawyers and even the jobs lost during the competition facing pressure, but also feel the future of confusion, we all suffer unspeakably.

Now, China the best, most thoughtful lawyer, but not to the national reuse, full day only for personal living and moving, this is not only the excellent lawyer of sorrow, why is not the loss of country? This year"NPC and CPPCC"Last, a representative of the judge should be limited to the minimum age for30Years old, the delegates have to know more about the existence of the problem of too young. In fact, according to the current system design, through the judicial examination, to become a real lawyer, almost all have30Years old. Become a full-fledged lawyer, basically be35Years old. If the selection from lawyers judges, then become a qualified judges, there should be at least40Years old. And now many court appointed judge required age not more than35Years, it makes no sense. China ancient"Fan Jin cited",70Years old and still be court admission and reuse.

Some authorities cultivating mothball cadre, take"Post training"Means, let the authority at the next higher level cadres to organs at lower levels"Attachment"A few years back, can be reused. This"Post training"Cadres, in fact, is always superior"Cadres"They have not"Civilian", very difficult to truly civilians can get experience. And Chinese lawyer, in fact since becoming a lawyer, is to do practical things for the people of civilians, they are of various social phenomena have a more profound experience than most people, for the people to know and understand, the national laws are more familiar, in the implementation of"The rule of law"Today, why not directly promoted from them and reuse some of the best talent? Such people do not know than those"Post training"Cadre how many times stronger! Why should"Post training"Cadres not to China lawyers provide more people the opportunity to be of service? It is unthinkable.

Face"Master worker"And"Apprentice"Embarrassing

As the saying goes"The church apprentice, starving master". Although there is a saying at all times and in all countries, but the master of the phenomenon still continued, apprentice tradition still be handed down from age to age in many industries. In many industries, such words to say, but in fact it is not so bad.

However, the lawyer industry, is true"Wolf".

For"Master worker"The old law, since the choice of the law of the industry, almost nailed to a life of its own. Facing the increasingly fierce competition within the industry, from new customers often than keep old customers difficult to know how many times. Keep old customer loss, is the key to the old lawyer stable income. Because we have not built up attorney with only good mechanism, the lack of the lawyer culture, so the old lawyer, is really a dilemma. With almost Padawan, can highlight their prominent and important, make their own customers cannot do without her, but in terms of service will be affected or even reduced, may eventually because the disciples of errors and lost the old customers and revenue. But if the belt apprentice very well, although can provide legal service for customers more quality, but it is not important, may eventually apprentice for others robbed customers a separate door, eventually losing customers and revenue. In this regard, how to grasp the balance, the old law is a kind of test, but also a very embarrassing headaches.

For"Apprentice"The young lawyer, too good but may not be able to get the best"Master worker"The"Mentoring", also may not be able to get much opportunity to exercise their own, only to find a way, to delay a lot of time and energy. Not so good, although it is possible to get some exercise opportunities can even get an old lawyer"A cup of a thick soup", but only"To depend on under sb.'s thumb"Do not have one's day. Even if the individual excellent young lawyers can be excellent"Master worker"The old lawyer lead, because the old lawyer also do not have the opportunity to run for mayor, director of the National People's Congress, CPPCC Chairman or served as judges, prosecutors and other active customers make room left to him, so can only compete with rob, a bowl of rice. If not in good conscience away old lawyer the original client and another portal words, it always can't head.

This is not only Chinese each lawyers need to face the embarrassment, but also China lawyer future inheritance embarrassment.