(I) half a sheet of gold under the mask of truth

Authors: Zhang Jian
   
        Roy Grutman in the "lawyers and thief" in say: "a lawyer is a set of tableware, such as a knife and fork. Whether the last who used it to eat, do not have what relation, as long as the two meal between adequate disinfection can be". The lawyer is such an ordinary people poor occupation, he and other occupation no what two, in addition to his humble position of some. Those who think that lawyers are rich, lawyers, lawyers are free, eloquent lawyer is very clear statement, is not to understand the law of life, do not understand the Chinese lawyer system and lawyer status. The lawyer's real life, fear and worry lawyers only lawyers themselves know.

   A lawyer, please believe, really not what money.


Not have the money to describe an occupation,Now the market can not let all practitioners an occupation are rich, this is decided by the market supply-demand relationship. Any occupation, has the rich man, and have no money, and no money most. The beggar has occupation, which also are the rich. Banks have no money. It is difficult to have a fixed standard to measure a occupation it is rich or poor occupation occupation. Evaluation of a practitioner is "money acts", not only according to how much money he got from the customer, how to see his net profit, to investigate his actual payment cost, to investigate his pay what price, to test him to bear the risk. A industry revenue as net profit, only glad to tax authorities, suffering only this industry practitioners. There is one industry is recognized as the rich, and the profit ability is very strong, perhaps a lot of people do not know, that is specially engaged in paid escort "escort", they have no what realistic cost, no tax. But they pay the price is personality, you say his income is high or low? A state-owned enterprise leader of embezzling state assets of 1000000, but at the cost of his head, you say his income is high?

Do not stand in the perspective of the lawyer's income, because the parties are always comparing them to pay legal fees and case subject, compared with the outcome of the case, simply work with what he saw a lawyer compared. The parties to pay legal fees is not all the lawyer's income. Lawyers also have the cost, but also high surprise you, including pay management fees (such as law firm partner for law firm cost), cost of handling, personal income tax, registration fee, insurance premium and so on, all kinds of. Especially those who hire lawyers, they only need to pay to firm a management fee of up to 50%. The lawyer the income distribution system and the way the parties know very little, if these costs are deducted, the actual income There is not much left.. In addition, the lawyer source case mostly comes from friends, now people are very realistic, in order to poor case law is often in the remaining few profits out as a part of the intermediary fees. In addition, the lawyer often entertaining, otherwise we will lose customers, lose the case, this is a lawyer costs, these costs a few outsiders know? The public is really do not understand law of income, this misunderstanding is the tax authorities on the legal profession special attention.

Although lawyers engaged in is seemingly sacred occupation, but the lawyer in any case can not be the judge, prosecutor, status, characteristics of business lawyers, decided he must be subject to market adjustment and constraint, by the "noble" are kind of discrimination. Income and source lawyers are closely related, if a lawyer is not the source of his income is zero, he could not get any help in this case, they have no free lunch, but the cost of his investment will continue, unless he was starved and decided to leave the industry. The lawyer's case as a "Everfount" or "billow" is not realistic, there is no basis, is not possible. In fact there is no monopoly than lawyers in this industry phenomenon is more serious. Most of the important customers and litigation of cases were controlled by a lawyer. For the majority of lawyers, even after a divorce case is not easy, received a large scale case is almost impossible, they are as those few lawyers handling tool, in fact, can be used as such a tool should be one of the lucky ones, even if he is not a few money. You don't have a lawyer to the rich, want to have it so easy to make money. The common prosperity of the rules will be perfect for them, his income is rare chilling. Because lawyers rich illusion, more and more people who do not know, with lawyers, but the case and the market is always limited, one can imagine so fierce competition. Therefore most lawyers are for the case concerned, they are often a month over the next to worry about next month, to pray for the next month, I hope next month to All is well. Of course, there is no hear about starving law reports, but the risk is always there, this is the biggest problem facing the lawyer.

In fact, the lawyer has a lawyer fees is not easy. Now the parties are extremely clever, often a case to run several law firms, listen to the views of his cases, lawyers, and then talk about the agency fees, hard to keep the prices down, some parties simply do, because he can be carried out using all lawyers point of view. Because of the existence of a considerable number of non lawyers to participate in litigation agent, but also because of their low cost, so the price is low. To make the most lawyers are at a great disadvantage in the competition, in order to survive the lawyers often have to receive the harsh conditions. Because of the fierce competition, there is a risk that the agency, in proportion to the lawyer's fees. This makes the lawyers face greater risks, some of the parties in the lawsuit not by contract to pay legal fees, most lawyers to social credit did not dare to take action, but swallow insult and humiliation silently. More over the parties, in the cases of unsatisfactory results, try various devices to go back to have to pay legal fees, they even make a hullabaloo about in law firms, crying, all lawyers are most afraid of means. Most lawyers to social reputation, but also zirendaomei.

Our lawyer because the location is similar to the intermediary role, so a lot of commercial atmosphere. Because of this commercial atmosphere, make the lawyer does not get enough attention and respect, especially not really pay attention to those in state organs comrades. I remember a friend said a thing, a judge asked a lawyer to produce a practicing certificate, the lawyer did not take, the judge asked counsel to pick up, but when the lawyer and the practicing certificate, the judge has the certificate of practicing out of the window, and finally the lawyer to the judge apology is wrong. Authenticity has not verified it, but heard this thing mood is heavy, the heart is not the taste, lawyers make money really is not easy, than "escort" is not easy. Of course, there are a lot of people have the identity of the person to contact a lawyer, but they are rather than the lawyer himself, not the law of knowledge, but a lawyer pocket money.

Some lawyers like to express themselves, in order to let others make the total like to speak how success, how rich, so that the public be deceived. In fact, the lawyer like money, but fear of money, but did not what money.


   Two, the lawyer must not have good eloquence, the dumb can also be a lawyer.


Hongkong, public may watch TV too much, think of the China lawyers into Hongkong TV that lawyer. A rape victim was crying, a guilty plea to innocent people. This is not about Chinese lawyers, not understanding of the litigation system of Chinese. The legal system of Hongkong mining the Anglo American mode, British and American take precedent system and jury system. They are not as mature as our statute law in continental law countries, therefore in the courtroom lawyers need to persuade the jury to make for their own party's decision. In the UK, even if a small procedure, without citing a law can not be carried out, in order to win an inch of land from the judgment of the court there, to discuss the basic principle of the law. American Manhattan lawyer Mue Levan in the agency of a case of injury (his client lost his arms in an accident), the last statement is, "ladies, gentlemen," he told the jury members spoke up, "I just with my client had lunch together. "Then, he said slowly:" he... Like... Dog. A... Like... Eat. "The jury finally gave Levan parties wanted.

At home, otherwise, we belong to the mainland legal system country. The primary task of the parties and lawyers is proof to prove the existence of the facts, the applicable law is judge a thing. Agency comments about the applicable law lawyers published, can provide reference for the application of law. The legal system of our country is decided, Chinese law does not require such as Anglo American lawyers contend, have so good eloquence. Because we have a statutory provision clear, fact check, who wins and who loses the natural clear. If the lawyer in our courts the Anglo American law that set, about million that sentence "to him like a dog to eat", I think it may be the judge enjoined, even out of the court, the judge, at least let the other party and auditors. It may have been his client complaints, because they think their own personality to be insulted.

Good eloquence, the attorney, his role is played in the case. Poor client doesn't know Chinese litigation system and the litigation mode, they have good eloquence as their important or unique standard law choice. Therefore, an eloquence good lawyers, can seize this opportunity. In court, some lawyers like to fully use their own eloquence, but their purpose is not to persuade the judge, becauseMost judges do not listen or not listen(you can watch the word agent). They give full play to their own eloquence purpose is mainly performed in the front, don't let the parties have to pay so much agency fees only speak a few words of the feeling of being cheated. Otherwise the case against the accused might be. This play after the case if successful, can ask the parties claiming that the level is high, the losing can judge the low level. In short, eloquence at home and not on the outcome of the case play a decisive role, which is decided China legal system.

In fact, a truly qualified lawyers, not with eloquence as a necessary condition. Eloquence is not essential, as long as you can let the judge know you can, no matter by what way of expression, spoken or written language, or body language, or. In court, no matter which side lawyers (including the parties) speech, are telling the judge listened to, rather than to the other party to listen to, but not the parties fight beside the referee, judges.A truly qualified lawyers should have clear thinking, the legal basis of good, rich experience in handling cases, the most convenient way to judge what you want to express. Be flashy without substance words, only can let the person tired, even make people feel sick. If the parties have eloquence as an important criterion for selection of lawyers, my advice is to find a kind of bitch, he will not result in court as a lawyer, and his price will be cheaper. According to the above standard dumb as a lawyer in China is completely feasible, lawyers law in our country there is no restriction on the dumb can do lawyers, as long as he has the legal knowledge, has a clear thinking, high spirit of dedication, good drink, he can make a good lawyer.


   Three, the lawyer as a free occupation, absolutely no freedom.


There is no economic base, there can be no real freedom. The merchant characteristics lawyers decided he could not have real freedom. Public understanding of the lawyer freedom is the lawyer time compared with their. The lawyer to lawyer fees occupation, if the freedom of choice is equivalent to take and make fun of oneself and one's family. In factMost of his working hours are generally lawyer occupation long, but much longer. The lawyer this industry all the time, you will be under the control of the parties and the court, lawyer fee controlUnless you want to leave the industry.

A lawyer should not only do "Boxer", but also "broker". Monday to Friday, most of the time, the lawyers in the party being dictated to by the courts, bossing. Discuss the case, door-to-door service, lift the dispute, to go to court for legal documents. Night, but also entertainment, in order to meet the case, to the interests of the parties, in order to deal with the relationship between, various aspects in order to survive, even into the morning of the second day, this is a lawyer working content. If the second day in court, even early in the morning, ready for session data. The weekend to prepare ought to do work in working time. Therefore, we can see their work time fill all lawyers can dominate the time.Because lawyers time can not be self controlled, they missed and the happiness of a family union, their family is always busy Voices of discontent. To them, but they have to accept the facts, because he and his family to survive, he had to make such a sacrifice. If the lawyer does not need a rest, 48 hours a day, the lawyer to live more than 100 years words than the average person, perhaps lawyer has the possibility of freedom.

  Much more work than the strength law the public imagination, a serious shortage of long-term work, rest time, lawyers body too early into the sub healthy state. Which is the successful lawyer, their blood pressure, blood lipids and their, their blood sugar, often much higher than other peopleThis is not life, improve the level of cause, but caused strong spirit and work pressure. Lawyers are the real people who long for freedom, but the nature of his work, his practice characteristics decides his with free edge.

The lawyer's life is by no means a life of freedom, a lawyer living in a world of the devil, they are not life.


   Four, "cool" is a lawyer occupation "packaging" needs, their physical and mental fatigue.


Don't know what is the judgment of law and standards, if it is because they wear is brand-name clothing, a car, a house, most often in the entertainment field, it is too superficial.

  The lawyers are like a successful lawyer, do not want to find a life and man as his agent. The lawyer must decide their packaging, to meet the heart, to win the market. As the "escort" general, dress sexy, will win more contracting opportunities, at least not because of the lack of it was too late to regret.

The lawyer was closer to the self-employed. This feature determines, lawyer packaging only for themselves, but for the individual sign of success is nothing more than a car and a house. Often found in places of entertainment, for a little man may be a very exciting thing, but if it is their own work, or go to completing a could not be allowed to fail the mission, your heart will not have Xiao SA feeling. When you always repeat one thing, then will feel very tired, when you are tired, still have to do, but also filled with the happy time that can be called handsome?

The real cool in the heart, and the heart is not in a facial mode, clear is the real cool. As a free occupation, he is the first to consider the survival, consider how to get money from others mouth with got his pocket, this is a very difficult thing. EspeciallyA lawyer, he is engaged in is a special work, to let others to believe in you, I believe you will be successful, so that customers will love you, is willing to give money to send you. The lawyer drove his car, live in their own houses, but their heart is always in fear, they always worry about whether they can receive a new case tomorrow, tomorrow if there is income, whether there will be such a life tomorrow. Lawyers and forever is the surface, it is the need of the market, is the need to practice, his fear and anxiety hiding behind the chic, the only lawyer I know, he could not tell others, more can't tell clients.

The lawyer engaged in is seemingly sacred occupation, but he is a vulnerable group, he should be controlled by the market, subject to the temptation of milk and bread, the lawyer is a very ordinary occupation, such as knife and fork in general. The lawyers believe that very rich, lawyers, lawyers are free, eloquent lawyer is very clear, is not to understand the lawyer, attorney in fact is not the case, at least not today, but will not, I will not.



Bibliography:

[America] Bo signal, Deng Zibin translated "law" door, Huaxia press, 2002 January Beijing first edition.

The editor:

"Full of ridiculous statement, a bitter tears, all cloud author Chi, who hears? "

This paper is an industry, a lawyer, a true portrayal of the Chinese lawyer. Interlaced such as the hills, this paper clarifies the outsider to lawyer's common misconceptions, opened a mysterious veil seems lawyer. The author is the deep taste of China lawyer industry sour, sweet, bitter, hot, the heart must be accumulated lawyer complex deep -- the spirit of the rule of law not regret pursue, love for the lawyer occupation, which also mixed with the reality of the helpless...... borrow this opportunity, blessing, blessing China China lawyer lawyer! China lawyers believe tomorrow will be brilliant, in a political civilization as the goal, the pursuit of people's democratic country, the lawyer's role will be more and more people, paid great attention to by the government.

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