How to become a good lawyer

 

                  Zou Weining Liao Haiyan

   

(A)Study of law initiative

 

    The lawyers to do legal research, including senior lawyer and partner. Low grade lawyer may find it necessary to study a case of the place, which is uncertain, which may be controversial, then you need to senior lawyer and partner guidance. Senior lawyer and partner itself also to participate in the project cooperation, and therefore also need to study their law. Even if can find the results off the others, also want to personally check to verify its correctness, similar to the evidence to support your point of view. Legal opinions without solid foundation, might have a bad influence.

 

     On the lower grade lawyers, legal issues of partner account should be carefully, in-depth analysis, thinking, found all the related problems need to be solved in. Learn how to find problems is a necessary condition for a good lawyer. Because lawyers if not from the customer cases found in the legal problems that need to be resolved, would not be a solution to the problem. Sometimes, if the study of law is not comprehensive enough, probably because the client's instructions are not clear enough, may also be due to low grade lawyers lack of experience.As a junior lawyer, before doing legal research, should communicate with the client communication, clear the specific requirements of customers.

 

     The lawyer must have a deep understanding of the law, to study law, legislative policy, and then form their own views. Some lawyers took over a case, immediately looking for who participated in a similar case, the first idea is to ask, this is wrong. The beginning must first own legal research, then according to the uncertain question asking. At the same time, as far as possible to avoid the omission of relevant laws and regulations. In a preliminary study, have relevant work experience to the lawyer mainly law research involving category, after many such training, and legal research, can clear idea or direction formed soon.

 

     The legal research partners or senior lawyer explained, can begin from the following aspects: the use of search website big range of news retrieval, form the preliminary understanding to the problem background; to conduct a preliminary study of the problem, know the crux of the matter; for the broad question, can we generalize to find the problem, and timely communication with senior lawyers or partner, avoid the mistakes of law; finally, need to first understand the answer the questions of the simplified form, and not all studies have written very formal theory.

 

     Do legal research should also pay attention to their own to have a comprehensive understanding of the problem. Partner to the mission may itself is the one or two problem, but also should pay attention to these issues outside of the problem. To study the substantive issues of great penetration. Research partnersAProblems, andARelated peripheral problems should also be identified. For example the beginning of research grade lawyer do is what approval?If you need the approval?How long will it takes?List the best description. Legal research don't just copy the regulations, must learn to focus, learn to see the problem quickly. For example, the partners of the examination and approval procedures, if a lawyer to see both the central and the local examination and approval, the approval of the terms, we should remind the partners, which is the central approval decision. Study on procedural issues, is to let customers about how long it will take to understand the process, the relevant formalities have much difficulty.

 

     Telephone consultationAuxiliary method is very effective lawyers to do legal research, but cannot depend on telephone consultation results. Because telephone counseling is often anonymous, cannot disclose the name of the customer and the specific information, also do not know to be government officials on the issue of whether consulting as well as its true identity and credentials. In order to improve the reliability and accuracy of telephone consultation,To find the relationship through government officials familiar with the communicationCan also be based on different regions, different levels of government departments, government departments of telephone consultation of repeated cross verification.

 

     Now online legal retrieval greatly facilitate the work of lawyers of the law, but also to remind you not to ignore the two legal resources, namely the scholars of the law is not clear on the issue of. Encounter this kind of problem, should explain to customers to solve such problems the law exists blank, and no formal judicial interpretation, nor related cases in practice, but also to explain to customers, scholars on issues related to the view. Because of the development of judicial practice, the views of scholars may eventually develop into legal provisions. Therefore, for some legal provisions are not clear, can refer to some outstanding scholars, to inspire and help.

 

    (Two)Learning in practice

 

     The young lawyer(Especially just out of school young lawyer)Must understand the difference between a lawyer and make students: do the students in the school, pay attention to more is a theoretical problem, but the most essential difference between theory and practice is: To explore the theoretical questions is "what the law ought to be" problem, and lawyers actually do business is to solve the "what" law is the problem. Do not write the paper, writing a textbook lawyer, but for customers to solve practical issues, namely the customer facing legal problems. Lawyers working through continuous practice and practice makes perfect, also need to accumulate experience, growth is a relatively long process. Therefore, lawyers, real learning is learning in practice, learning in the process of the handling of the case, but no other shortcut.

 

     Lawyer's main task is to customers to solve practical issues, from this perspective, the lawyer was a craftsman. However, if only the lawyers "craftsmen" is a metaphor for the occupation of the very wrong evaluation. In China current statute law system, many problems can not find the answer from the law, administrative rules and regulations, judicial interpretation or local legislation, regulations, some will find stultify oneself explanation. In this case, you need a lawyer has to go beyond the "craftsmen" duplication creative ability, need a lawyer with practice in real grasp of legal spirit and principle, the nature of things, grasp, the correct application of specific legal provisions.

 

     Low grade lawyer should master and improve the ability to find and analysis of specific problems in the process of dealing with specific cases, to do with brains, ask "why", and not easy to finish the task. Research questions not only know that on the surface of things, but to know the basic problems and the reasons behind, not only to know it, to know why, this is to be a lawyer basic mind. Foreign law school exams may score is usually able to find problems, long and short not score the standard, the discovery of the problem is the key to score. Facing the new problems emerge in an endless stream of practice, the key is to have a correct way of thinking. This way of thinking, often with experienced partners and lawyers to do business together, learning that they consider problems, slowly training in practice. As the project, see other people to write things, I want to know. Must be self-motivated, have learning awareness, as long as the heart will come up with a lot of learning ways.

 

     To work in practice to improve the understanding, analysis and expression of three kinds of ability. Skills including written and oral expression ability, like to communicate with customers and write memos are skills category. But the expression of the premise is to have the ability to analyze the problem, understand. These abilities and personal intelligence, understanding, knowledge, and experience are inseparable. We also need to figure out how to accumulate more at ordinary times, more practice, continuous improvement.

 

     Pay attention to improve the ability of oral expression. In the internal discussion, especially meeting with customers, to express the meaning with the succinct language, expression winded or duplication is not professional, at the same time pay attention to the expression of rigor and logic.

 

     Would like to ask how to learn, don't be shy to ask questions. Some low grade lawyer afraid you think their business ability is low, did not dare to ask questions, one to accept the task on his own work with quiet hard application, the results are often not partners expect. Low grade lawyers should pay attention to when to accept the task to ask what should be done, don't worry if you ask too much bad influence on their own. To many excellent senior lawyer and partner to consult with an open mind to accept, senior lawyer and partner. For example, the accurate application of drafting and legal English legal documents usually requires the accumulation of experience, so the legal documents drafting often require a solicitor of senior lawyers amended. If senior lawyer and partner for your drafting documents have been modified, to think about why this change, where his problem, find problems and correct, in the process of accumulating experience. The school learned knowledge may not be able to solve the practical problems, in specific work, continue to accumulate to progress.

 

     Attention should be paid to improve the quality of legal service and its quality. This is a conscious effort to own. The services of an attorney is to rely on the legal professional knowledge and experience, in English level and the China law and foreign law, international conventions and other knowledge is very important. This is a long-term process of accumulation, deficiencies in the school need to be supplemented in practice and in the law, the mutual communication in the team. At the same time, also must learn to self-study, legal research to do more, much research related to the case.

 

    (Three)Improve the ability of Legal Writing

 

     As a lawyer, attention must be paid to the legal document writing, including basic writing, for exampleEmailAnd the general correspondence. Legal writing is not only the way we provide legal services, but also to improve our language ability, careful thinking, comprehensive consideration of the problem. Good legal writing need lawyers have strong language skills and superb level of text, and the strict logical thinking ability and reasoning ability, it is to show customers one of the most important ways to lawyers professional.

 

     In practice, constantly improve the legal writing(legal drafting)The ability of.

 

     To multi partner and senior lawyer of learning, through their direct experience after correction. Many of the best lawyers do, save each others to modify their own files, repeatedly read, seriously consider, why do such changes, why he made such a mistake, how to avoid such mistakes.

 

     Make full use of existing resources in the contract template, or outstanding contracts etc.. The legal document template is an important tool for lawyers began to legal writing, the template can help new lawyer fast learning previous drafting method and point of view, but also to exist on template in the problem, gradually into their own ideas, and eventually formed their own templates.

 

     Under certain conditions, more exercise to write memos and contract. No special shortcut of improving legal writing, is to write more, see more, more than advice. Improve the ability of drafting documents to a lot of really writing personally drafted contracts, including language, thinking, organization overall consistency, customer protection and to fill the loopholes of all aspects to enhance training. In addition, we should also pay special attention to language rigorousness, if a contract or memorandum problems may in later years will be customer responsibility, so it must be good, not sloppy.

 

     Emphasis on the logic of the text. The drafting of legal documents is absolutely not a kind of language application, but also relates to a rigorous, careful thinking and logic of the full range of work, to the language, thinking, transaction, legal risk, to the understanding of the issues and other aspects to pay attention, pay attention to relation set thinking the whole. Writing should pay attention to the logic level. Grasp the main points, then the legal analysis of the place, as far as possible to meet customer requirements. Want to do more, learn more partners and senior lawyer to complete the final draft.

 

     Attention to detail. A good lawyer to legal documents must be especially strengthen the details, more carefully modify, found the problem more, also more reform, so the file will be better. Unable to write it to the customer. Would rather spend more time, and don't make mistakes. Attention should be paid to document the details, including typos and uniform format etc.. Many lawyers believe the document details are not important, but in fact form as the content of the carrier, is presented before the readers in the first impression, very important. Avoid the details of the error is very easy to do, for example, after writing their own read it again, maybe just a few minutes, but for lawyers is this awareness and habits of a necessary.

 

    (Four)Improve the ability to use the language

 

     Be able to use the foreign language is one of the basic requirements of modern society for outstanding lawyers at work. Lawyers in the process with the foreign language reading, writing legal documents in the event of a fault, will cause serious consequences. Therefore, the level of foreign language has great influence on the work. Low grade lawyer should constantly improve and exercise their English ability to control use of the working environment, the competent bilingual work as hard target.

 

     In the work, to foreign customers or partners with the instructions given English must first fully understand. Depth of the language is actually decided by the depth of thought, for the native Chinese people, Chinese problem actually is thinking of the problem. And English problems must first understand the subtext of words. English temporal, and Chinese is composed of adverbial of time reflects the temporal, Chinese attributive and modifiers is very loose, many words have the same meaning in what position, and English attributive and modifiers are very strict in what position. In practice, gradually raise the level of foreign language, as long as you work hard, hard exercise, we will be able to.

 

     In addition, you can read some good English usually, good English read more naturally influence character by environment, help to improve the level of English writing. The so-called good English is decided by the structure of the English itself, can learn foreign lawyers English draft legal documents. At the same time recommended reading "Wall Street times", "New York Times", "economist", although just started reading will feel more difficult, but insists there is obvious progress. Finally, strongly recommended to use English English Dictionary habit, avoid the connotations of the definition English inconsistencies and errors in understanding the concept.

 

    (Five)From the customer's point of view, improve the ability of legal services

 

    1Analysis of customer needs, do a good job

 

     To have the patience to listen to customer account, clear customer problems. The customer account is not clear, be good at asking questions. The customers will be the problem statement, the lawyer must be good at summing up, summarizing the customer's business with short words, and communicate with the customer. Therefore, it is important the lawyer's language ability and communication skills for the further development of the lawyer occupation. To enhance service awareness, to see many questions from the customer's perspective. Low grade lawyers often finish their task from the perspective to do business, lack of service consciousness. For example, time to answer customer consultation, do not consider giving customers the answer is operable. The lawyer's job is not to do a math problem, finished in there, therefore, in addition to tell the customer what problems exist, but also try to provide solutions.

 

     To learn to consider for the customers, and further thinking whether there are other customers unexpected problems. To be good at thinking and customer questions related issues, and to point out. Thinking about customer problem, avoid too rigid, attention should be paid to related problems. The lawyer met problem in the process of doing the project, must wash their brains, diligent in thinking, to solve the problem, to improve their ability of solving problems. An important point is empathy. Some lawyers vision is not quite open, thinking limitations is too strong, do not know how to look at the problem from the customer's perspective. In fact, to help customers to solve the problem, we often need to put yourself in the customer's position on the market, what you need?What the company really needs?

 

     Answer customer questions, legal analysis should be in place, as far as possible to meet customer requirements. To make clear the requirements of customers to draft a document before you begin, know about the schedule, then find out their draft legal documents needed material. Starting from the time requirements, to determine the level of detail to do their own research. To truly understand the requirements of customers, confirm what customers really need, that is the ultimate goal of customer(For trading purposes). For example, the customer presents a structure of the transaction, the customer may only asked what needs approval process, but the lawyer must understand customer purpose, such as the ultimate goal of customer is listed, then set up a company and subsequently acquired domestic company approval to foreign demands to make detailed recommendations and analysis, the only way to the analysis of legal issues in place.

 

 

     Attention should be paid to the key customer focus. Often some junior lawyers only pay attention to details, submerged in the eyes of the massive data. For example, for a careful investigation of the contract, the terms of the contract extract large space can not be mechanically, directly to extract terms into the report. We should consider the key customer focus(For example, sales channels, sources of raw materials)Combined type, contract, to distinguish between primary and secondary. If you think too little, the due diligence is the mental labor into a physical labor.

 

     To solve the problem actively for customers. Most customers find lawyers reason should not seek legal education, so treat the legal problems raised by customers, the lawyer should not meet to repeat the law content, also should not be one-sided emphasis on even to exaggerate the legal risk, this approach may still very safe, but it is difficult to obtain the customer approval, can not reflect the value of the lawyers. A responsible attitude should be within the scope of the law, as much as possible for customers to design a solution to the problem, and according to the successful experience of similar projects or case, provide the reference and basis for the customer decision.

 

    2Strengthen the communication with customer

 

     Written communication. For the issues raised by customers to respond in a timely manner, the first time to let customers know that have received materials and began to work. When the customer send legal documents, to make a brief explanation of the legal documents in the mail. If the lawyer tell customers may put forward other related issues, also want to give a relevant instruction. Timely response can make customers feel at ease, for the development of long-term relationship with customers is essential, therefore must form the habit.

 

     Face to face communication. The lawyer is ultimately a service industry, how to communicate with customers, the professional strength display to customers, is a basic ability of each attorney to master. In front of the customer to seek truth from facts, for customer questions, if you don't understand, and customers can now says he is not sure, need to go back and make the reply. Don't smatter. Communicate with customers and communication should actively. With partners to face the customer, first try to advance a general idea of discussing things, then the legal issues and key points may be involved in the preparation. In talks with the customer, the patience to listen to and good at asking questions. Understanding customer problems, and the correct answer. Often hear lawyers said customer question is stupid or asked the same questions comments, but we should understand this is because customers on the Chinese legal and commercial operation environment not to understand the cause of the. As a lawyer, should be place oneself in others'position for the sake of customers, hope to understand information from the customer point of idea of customer, to make a comprehensive, accurate answer. If the customer is the same question for two to three times, this does not mean that the customer is stupid, only that lawyers have a problem.

 

    In addition, professional lawyers should be paid more attention to social etiquette. When you meet a client must be clean and capable, leave a good professional image, dress must adapt with the identity and place.

 

   3, pay attention to the maintenance of customer relationship

 

    Do more work than the communication with customers is very good. For the current work, in addition to the negotiating table and discuss the agreement, by to chat with the client can get more useful information from the side, the whole transaction background is more extensive and in-depth understanding, has important influence on better finish the work. In addition, with customers and other agencies to establish a harmonious relationship is very important to the future of marketing. Especially in the Chinese, to the customer left the excellent work, is also good impression, may lead to the subsequent business. Conversely, if the customer or intermediaries to look down on people, not good impression is likely to lose the chance. Of course, not in communication with customer very deliberately to do the marketing work, to leave proficient and good for good impression with others to establish good relationship with customers.

 

     Involving customer relationship problems must be careful. Customer relationship is very complex, especially relates to several different counterparts, it is not easy to handle the relationship between the inside of the. It relates to customer relationship problems, lawyers can be postponed, go hand in hand in a, not necessarily on the spot to conclusions, but should put down the problem, explain to customers need to partner ask, not to show their ability to spot hasty conclusion.

 

   (Six)Study the law outside of the scope of knowledge

 

     Lawyers should learn knowledge outside the law, such as the basic economic knowledge and social knowledge. The new law, especially fresh out of school, lawyers are lack of social experience, may lack basic knowledge when dealing with problems. Some do due diligence(due diligence)Low grade lawyer began simply do not know for certain why, do not understand the objectives and direction. Therefore, we must continue to enrich themselves, the accumulation of experience. Be good at absorbing all aspects of information, extensive master all the knowledge in the field, and to infer other things from one fact.

 

     To improve the comprehensive ability to use knowledge. In dealing with a legal problems, law not only need to use a variety of different legal, sometimes also need legal knowledge and economic, financial and other fields of knowledge are combined, the integrated use of in order to solve the problem. Have certain working experience lawyers should pay particular attention to improve their capacity in this area. Based on the company's business as an example, the work of lawyers should not be limited to legal advice in a narrow sense, because the company some major legal problems often affect the company's business, strategy and financial. So as a service to the company's lawyer, sometimes need to put yourself in a manager or financial personnel from the point of view to consider the issue, and the proper use of various business activities and legal economic, financial and business knowledge about the company's contact. In order to enrich their knowledge of these aspects, can read books, watch the news dynamic way, also can be in the project to look everywhere, not simply because of a problem does not belong to not to think and research the legal category.

 

     When doing the project, to understand the client company in the industry. Customer industry to understand more deeply, more can provide the high-quality service for the customer. But, in the fierce market competition, to win is the professional knowledge of the strongest person. For example, in product quality litigation car class, performance requires lawyers to automotive parts have to know and understand the reason, or when the court debate's lively and clear. Therefore, some long-term customers, the lawyer to customers' industry, professional depth of understanding, so as to facilitate communication with customers, and provide quality service for the.

 

     Pay attention to the new situation and new problems, such as the current financial crisis, liquidation, bankruptcy law, dispute resolution, litigation, etc.. Lawyers should pay attention to these new problems, collect material, so as to provide the fastest first class service when necessary.