Faber netizen "Shuian Jewelry Blue" in his April 7, 2009 blog wrote an article entitled "21 rules" trainee lawyer blog post this article not many words, it looks more like a trainee lawyer sat an old lawyer opposite, made in accordance with the latter told notes. The 21 one, though not the history of that notorious repute 21 so be weightier than Mount Tai, nor what golden laws and precious rules, but concise and comprehensive, reasonable sentence, the wise remark of an experienced person is a practicing lawyer. Smile to read this article 21, looked at the screen meditation, some even hook the memory. These memory with "Shuian Jewelry Blue" 21 write out, is the interpretation of Article 21.

   To say these first: pay attention to in the submission of the complaint and complaint must be signed or sealed by the parties. Take one look, what is this "golden laws and precious rules"?! The indictment pleadings are parties to submit to the court, of course should be given to the parties sign or seal. So it is necessary to take the matter seriously as experience? Yes. But it is necessary to. I remember a friend of mine just independent practice when, because of this matter, almost own. He was acting a like folk lending case. The plaintiff found that came out of my lawyer friends. The necessary evidence ID, IOU and so on have. The lawyer immediately written complaint. Call the signature, the plaintiff said: I travel in the field, you help me to sign it, sign my name, because you are so familiar, no problem, I came back from a business trip, I'll come to your office. The speaker resolute and decisive, it is also extremely elegant and valuable. The law in order to secure, but also specifically call the parties that person, that person also said, okay, and you help him to sign it, I know him very well, and he came back. Plus the party filing impatient. A lawyer for the parties signed a name. However, the arrival of the court case, the court to inform the accused to sign the case materials. The defendant is a man of honour. Reportedly, the defendant claims, money immediately can give, but was accused to court, can not afford to lose face. It is a "silly very naive". But the problem is, that the plaintiff could not support strength. A child directed to a lawyer. The plaintiff even told the explanation: it's not that I want to tell you, how is the lawyer...... Do not believe you can see the indictment, it wasn't my signature! Later, I heard the original defendant to lawyers, a lawyer. Later, had a tremendous effort, just narrowly. Of course, this is just one of the first notes. But in some cases, it is a party to a lawyer stated facts, because without the autograph, the case results in his favour fortunately, once the disadvantageous, parties often put the blame on the lawyer's body. Because there is no signature, who is right and who is wrong, I will not tell.

   Besides second: try to put all the material of the same files are arranged in the same portfolio, in order to avoid omissions from the power of attorney and law firm. Of course, one of the lawyers, it is obviously necessary. But this is not enough. In addition, as the second paragraph: to the following information carefully registered in the portfolio cover: the data -- particularly if the telephone, the court case, investigation, prosecution, trial organs of the phone, all organs of the specific Attn or clerk shall expire on the phone, the burden of proof a trial date, seizure, or freezing of property of the renewal date etc.. Don't look down upon these information, with it, the work is very convenient, the working efficiency is not affected. But none of these, do things are not so easy, especially in the field, to such information, may have to make some calls.

   Third without what interpretation, next to the fourth: in the complaint list the information not to own the phone number on the bill, so as not to judge directly contact with the parties, to circumvent the lawyer. Think of oneself feel funny, say it might expose oneself to ridicule. I started to practice, he personally felt so embarrassed. Once I agent a seems to have great case in my days (in fact, the subject is nothing but is about 1000000). For the first time to do such cases, the mind is not what confidence. Before filing a case, I accompany the party ran a few places, investigate some evidence, and with the other made representations for several times, to strengthen the evidence. The case to the court. After a long time, do not see the parties to contact me. Call him, he make an ambiguous statement, evade the subject under discussion. Call to the court, asked the case, the court clerk confused asked me: you are the defendant? I said no, it is for the plaintiff. The clerk said no, a few days before the plaintiff just received court summons. The clerk to the proper reasons, also specially find files, then tell me, the plaintiff changed lawyers. Since they are not satisfied with their own, but also new debut, I even didn't call for the party, so settle a matter by leaving it unsettled. After many years, the party has one day reminds me. Because he is a case of another about I drink tea, want to listen to my advice. Once, he told me, is the court so help he introduced a "experienced" the lawyer, so he...... I have a status for the previous party says, in fact, not too much explanation. Practice for so many years, hear, see, many, also will become inured to the unusual. And another thing, during my internship, a case of my boss. We were acting in a local is the famous big boss of the ceramic enterprise. Do not know what reason, small case that mark, the president personally hear even personally served a summons. Later, ceramic enterprises boss directly with the president together, make the agent only, is the boss of the ceramic enterprise waste fighting skill not to say, is also related to lost several customers. What's more, I am a practicing lawyers say, in them, the parties generally do not ask a lawyer, even if a lawyer, judge the unfamiliar, can go to the. In view of this, the trainee lawyers have such a prophetic vision, it is good.

   On the fourth, need to add is, not only do not write his agent call the best parties, according to the specific situation, also don't write on the other party. For example, the plaintiff in your agency and the plaintiff for the preservation of the property situation, it is best not to write on the phone. Because of the telephone, the court may seal up the material in advance, so that the accused the bank instantly transfer. When it comes to the preservation of property, all over the court practices are not the same. Some courts to familiar with the parties, may work carefully, not familiar with the parties, may be rough. Don't look down on this one thick and one thin, the consequences could be very different. At this time, if you write on the telephone, and you who are not familiar with the court, the court may notify the other party to collect the materials, the materials at the same time, explained to the defendant, you see, the plaintiff for the preservation of the property to the US court, you have what property? Fill in this form, for our court attachment...... Unless the defendant really know nothing at all about the law, or to allow the defendant to take the initiative to provide sealing up the subject, even provides some 1980 Venus brand 17 inch color TV, leap in 1997 250 motorcycle like, court although completed preservation task, but for the plaintiff, almost no value.

   Article sixth: all evidence of the original kept by the parties themselves, leaving only the copy of lawyers, so as not to lose the original evidence can not lead to the incident, undertake major fault liability. This article summarizes the good. My experience is, not only to do this, but to write in with the parties in the contract. That is to say, clearly marked in the entrustment contract lawyers and the parties signed, a copy of a lawyer and the appointed lawyer charge only the evidence materials, and suggested that the parties themselves take good care of the evidence in court is original and brought to the court for the court to check. Of course, in the process of dealing with the lawyer and client, the original evidence law could not contact the parties. Sometimes, the parties are the original on lawyers. For example, many lawyers evidence materials, one thirty will also look not to copy, but evidence is not very clear, or not easy to copy. At this time, we usually approach is: by law or legal assistant to fill in the "evidence" as the original transfer list, a checklist for court, name, specify the types of evidence, a number of pages, the content, characteristics and so on. By the parties in the person who submitted signatures, the receiver at the firm where the signature or cover dedicated seal. In this way, can avoid the personnel because of memory errors and become entangled in, also urged lawyers cautious to keep the evidence of the parties, to enhance the sense of responsibility. Here, I suggest that every lawyer, or at least every lawyer, to set safe dedicated, specialized for the original evidence for the.

   Article seventh: not to point a little money, easy to do a lawyer to witness! Would rather let the parties make their own notary, there with great risk. A lot of lessons, do not try. This is also very good. My two years for two because of lawyer witness error compensation cases. These two cases are the exception, a lawyer to compensate the party losses and closed. After the court announced the will of a witness to Shanghai's case, also is the verdict lawyers to compensate the party. I remember it as if it were the last year or two, the Zang Tianshuo neck hung thick gold chain, shaven headed, at first glance like singing friends the same parties came to my office. He said they owed him money, almost daily, because he did not have time to collect, call a friend to collect. He pointed to a thin man beside him. Want to be a lawyer, wrote a letter of authorization, and then by the lawyer as a witness. I asked him, who owes you money, where? He said Guicheng is the South China sea. The South China Sea from Guicheng to my office is ten minutes by car, from the "Zang Tianshuo" place is no more than five or six kilometers. So close? Why you don't go, have to spend money entrusted to collect, also rack one's brains to lawyers to witness? I doubt. Although the witness only to the client and the signature of the designated agent on the authenticity of the certificate, but God knows they took the cover of lawyer witness chapter attorney what to do. If to debt collection companies or people on the Mafia, the lawyer witness book a bright: we are "Zang Tianshuo" lawyer, debt, do not believe you can see, there are lawyers chapter! Three days to give money, or break your leg! The parties often do not know how it happened, was played, report the first time say such and such a lawyer people...... Out of such a thing, although after investigation and counsel to the independent, but others also not feel. Moreover, the lawyer's time is very precious, for a witness fees waste of time are not worth. At least this investigation is worthwhile to do. And with the lawyer, "I told Zang Tianshuo," witness, but we follow the non litigation cases charges, daily target, close to 5-15 million fee. So expensive ah? "Zang Tianshuo" said go back to discuss again, after going back, he would never come. So, in my opinion, business witness not to do. But be careful to do. For example, a witness business is risky, but try to minimize risk. But the charges are to be ruthless. After all, even if the witness error compensation, will also lose worth. Of course, for those banks involved in packaging business witness, because a larger amount, have greater profit space, even if the transaction fees 349, many littles make a mickle., many a little makes a mickle, ten thousand pen is Sanwubaiwan, race is still not come, which have not the truth?

         Article eighth a good words with. Now that the ninth: and each party may talk, must have transcripts, and let the parties signed thumbprint. This is very important. Sometimes, the parties will go back and may accuse you. At the same time, the purpose is not to be used as the court evidence, but that your workload. This article relates to the lawyer notes problems to the party. Lawyers for the parties to make the record, is not only the need in a criminal case, and in civil cases, are also essential in non litigation agent.

       Said the first criminal case, criminal suspects confession often constantly changing. If the lawyers in the investigation stage in the case, the lawyer to meet before the suspect of the investigation organ, said a statement. The lawyer meets, suspects may be for a statement. Other do not say, the investigation organ must think lawyers "teaching". If not timely meeting records and signed by India suspect, then clearly reasoned, encounter the occupation of revenge, the big trouble. Of course, the benefits are far more than these. For example, it can prove to the suspect's family lawyers do what work, can let the suspect's family pay attention to lawyers, not easily change lawyers -- because where they always think the key things in Law -- although these things are case results may not have what use. In addition, as the saying goes, forget it, time is long, the case much, a person's head can hold things is limited, will inevitably forget some what, especially some of the details. At the very least, such records to prompt the role of lawyers. Time is long, took the record review, oh, this case is such, the suspect defendant said that stick out a mile. Here, in a small example. When I apply for a criminal investigation organ that is deliberately hurt that the prosecution of intentional homicide case. The suspect's confession a few times do not agree (family members said he had mental problems, we apply the identification, according to the opinions of the family but police and procuratorate said he no problem with the spirit, does not require identification). Every time after the meeting, we are informed of the situation and to the families of the suspect accused person meets the statements and pleadings. Family members believe firmly to their loved ones, that must have been wronged suspect. To receive the prosecution indictment, family dumbfounded. Repeated to do explanatory work, family saying: don't ask a lawyer at that time or intentional injury, paying your lawyer, how to become a murderer? The family lawyers Is it right? Even suspected victims bribed, etc.. No detailed transcripts of the meeting, the scholar met soldiers clearly reasoned.

       Besides civil cases. In civil cases, criminal cases risk although not so big, but the lawyer agency work is also sloppy. Some parties, not necessarily for lawyers to tell the truth. Even some of the parties, all is a lie said to the lawyer's. This kind of party a fluky psychology: anyway, I just ask a lawyer to beat, beat, I earned, not won, also realize the time or vindictive or bovine B purpose. If not this kind of party, even if what more honest good party. Before entering a lawyer, feel the lawsuit is unable to play. But once the lawyer that could turn the tide of life-saving straw, will advise the parties to take this and then the way to fight the lawsuit. The lawyer said to listen to, click into place. Cheerful later still is not at ease, I call his lawyer: lawyer you really, really have a way of, so that it can...... But I still worry about...... Can do it? Even lawyers make clear beforehand, this is the best way I can think of, is not to say that such and such will be able to win the lawsuit, but no way, only to bo. But for a long time, the time is long, the parties ask much, between a party and his friends talk about many times. The parties will forget this is "not the way". When he and the people around him know: I found a very good lawyer, I must win this lawsuit! Such case down, once this idea the lawyer did not pass, lost the lawsuit, the parties will ask a lawyer: didn't you say so so so you can definitely win? How to lose? If the record after the first gentleman villain did not make clear beforehand, I am afraid it is hard to say.

       Also in some cases, the parties not only contact a lawyer, even if only contact a lawyer, is not the only contact a lawyer. "Home is sick, had to believe in God," sick trying everything. He may also listen to other legal advice, or listen to the views of people's legal laws. These to the views of others, while some is in the law, but may not be professional field. For example, a shareholder dispute case. The traffic police may tell him to report to public security, other shareholders fraud. The Bureau of industry and Commerce of the people may tell him to go to the Bureau of industry and Commerce mediation. The court may tell him to go to court. Everyone has a different view. Chinese law so much, understanding of each person are different, different views of nature. China don't stare decisis, does not have what experience. Outside the law, moreover, there are so many uncertain factors? In the absence of results before, it is difficult to say who comments on, whose idea is wrong. Public Security Bureau for help, shareholder disputes get police to catch, to take each other to say. What?? You say is a civil dispute, for, we are also in accordance with the law. First off you for a period of time! What?? Guan long ah? Then see you do not match. You can also be three or five days a year, two years is not possible. Our cases do wrong? Don't you worry about that, the wrong we have state compensation, you pass in the detention center, we according to the provisions of the state pay you. You don't laugh, this is a case of me about four or five years ago. When my agent is caught the man, then, really taking money under the table to the other party, people put out. Of course, no security, even with the related criminal, the police will tell you, this is the economic dispute, our public security is strictly prohibited to interfere with economic disputes, you went to court to solve it, even a report record are too lazy to write you, sent. -- the true story of the book, the so-called "chicks don't pee, each have each". Encountered such a party, must after about the legal and reasonable, let him according to the opinions and suggestions to make decisions. Especially if they have the right to the peaceful letter hand people do not believe in law, the more respect he heard comments. This year, what kind of things can happen, don't deny someone, don't say I don't understand this kind of case and so on. The full moon is missing, it will be full of. What am I gonna do? Transcripts of the serve, if not the person who gave him what what good advice you, well, down. The parties how to say, how lawyers analysis on the case, the friend and ask what kind of view, how the adoption of these opinions and suggestions, the parties to the lawyer according to these opinions to do, and so on, and so on, not to mind taking the trouble, detailed the process are documented as possible. Then, once the parties to finalize the "policy" is not, at least not to blame to the lawyer's head. My practice is, patients must conversation transcripts. Each important step, especially relates to the key problems, involves the grasp the idea, must take notes.

       As for the non litigation cases, the more don't say. No transcripts, the parties do not know what you do for his work, pay legal fees, total feel suffer. In many cases, that is, communication is so advanced now, if what want to consult a lawyer, a phone call, wow hullabaloo about half an hour is very common thing. A small thing to explain the end, lawyers time investment may add up to at least a small day. The lawyer was a gold content. Because the energy is time limited, do it, you can't do that thing. Now do the work, it must collect fees, or lawyers can not survive. Here, I inserted a tidbits of news. My wife is a teacher, often some of my colleagues put the question to her, let her take it home to me, let me answer and then passed out of the people. At the beginning, I have patience (when there are time, if someone ask yourself, how to display own level). As students hand in the paper as the answer to his wife. Later I changed this practice, practice changes that a change of mind. I often give them hope to remain within doors, on the phone can solve the problem of the consultant said, consult a lawyer is suffering from pain to see a doctor, we cannot call a doctor familiar, and then ask the doctor to resection of stomach or cut off the appendix. The reason is very simple, a lawyer and see no evidence, how can give people advice. Moreover, some of the evidence, the parties themselves may not find, but the lawyer can help him find. With this evidence, ideas will be different. Besides, a selfish, I was on the phone to answer your questions, you will come to my lawyer? What I told you, "what people see" (Hongkong All Star Language) that I also mixed what? Therefore, free consultation, but refused to free consultation phone. Would rather let him take a taxi to my lawyer, I'll pay the transportation fee, at the very least, he will in this law all have the impression, a free consultation for a long-term advertising or ah. -- and pull away, let us back. The lawyer's job, in fact, sometimes like a government job, is to do it for people to see. However, the government in the civil service is to do the work to the leadership to see, the lawyer's job is done to his own party to see. The civil servants as described by Wang Yuewen, will work, led the way, he is too busy. Leadership is not in, newspapers have turned rotten, tea drink to the sick, is nothing to do. A good non litigation lawyer, must be a good lawyer do. We cannot do without recording desk. I remember in a National Lawyers forum, a Hongkong lawyer say more bluntly: our job is to timely issued to the customer for long bills -- of course bill followed by a lawyer's work record copy proof. Of course, whether criminal cases, civil cases, non litigation cases, or in other cases, the record itself is a lawyer working notes of their work, not a statutory agent necessary information. To give the parties the copy, and that is your own. In view of the 21 said good, here is no longer the.

       Tenth: do not easily make a commitment to the parties or their family members! You have nine to hold, remember! In this article, I'm going to oppose it and the solution. There are nine sure to remember not to Party commitment, which apparently can reach agent objective commitment. Conversely, if you are not even zero point one percent of the grasp, also do not conclude that the parties cannot. Because in the Chinese current judicial and law enforcement environment, what things are possible. A green hand young lawyer is particularly noteworthy, I had a profound lesson. When he first started. That is just a way, not just started a lawyer. Just at the beginning of independent practice. Before that, I have to do two years of assistant lawyers, lawyers and for two years. However, lawyers that two years is to help others to work. Although some progress in the business, but the business outside of things, is the boss to the deal, they did not learn these. At the beginning of independent practice at that time, do not know yet Jianghu sinister. After a suspected of smuggling case. The suspect / accused unit is my counsel, a case is logical to find me. I refer to the relevant data, a preliminary understanding of the case, feeling the investigation organ evidence is very strong, the alleged amount identified about about 1000000. At the time of the arrest of two people, one is the driver of the company, is a boss's brother, is in charge of the company's business. The boss is Taiwanese, heard, sayazi to hide and seek to Taiwan. Of process of the case, the suspect's family proposed to me to help make bail. As usual I wrote for pay up, get the answer is: the amount is so big, can not give you bail. I'll call the cat owner in Taiwan, said that it was not possible to bail. The boss said to me, Lin lawyer, you think of a way, my aim is to put people out of money, can I. It is a "not bad money" advocate. I explained to him how the provisions, the law is, the procedure is how, said a lot of, a legal expert. The Taiwan boss still don't believe me, say, 300000, is to put people, not including legal fees, lawyers fees I can add. I was resolute and decisive said to him: say you 300000, you 3000000 is not possible! Because...... I also use deterrent law, his meal, he be rendered speechless straight shock. Later, the Taiwan Yankees haven't contact with me. His brother's case also follow the prescribed order of. Until suddenly one day, the Taiwan Yankees appeared in my office, he stood his brother. Taiwan guy pointed at the suspect said to me, Lin lawyer, do you know this man? I was terrified, be rendered speechless, shame, gray, laugh, have nothing to say, have mixed feelings, Yuyuehuanxiu, ramble in one's statement, almost a jingle bells! Of course, you will probably guessed, the Taiwan Yankees lawyer is lifted commissioned and ask for a refund of fees. The Taiwan Yankees also told me, Human effort is the decisive factor., through his "top down" and so on......

    It is the full moon is missing:, water overflows, words full of uncollectible than eat shit.

    Article eleventh: when answering questions, adding. Only the part of the substantive issues to explain to the parties to listen, do not talk about the program. Because some parties to consult when still undecided whether to please people, and would you please! If what is heard, then you will only make a free (or charge) consulting! Unless it is very large and complex cases, but these cases are in the minority, and it is not necessarily to a novice to do, to live, to get some exercise opportunity, only to do so, the case received hand, 80% energy practice lawyers are all used to pay his party. This is not concise and comprehensive, all revealed so much Joyoung Canon beating dragon 18 palms back of the North Nanquan maze palm. In the martial arts world who says: what excitement, experts see road. And listen to the old road to slowly -- just read Kong Qingdong's blog, poisoning does not light! The true story of the book, this is actually involved is the question how to solve the lawyer. (thank you for your reading, this paper is writing...)

Appendix 1: Shuian Jewelry Blue "21 rules" trainee solicitorHttp://sajl.fyfz.cn/blog/sajl/index.aspx? Blogid=458458

One, pay attention to in the submission of the complaint and complaint must be parties sign or cover

Two, as far as possible all materials will be the same files are arranged in the same portfolio, in order to avoid omissions from the power of attorney and law firm

Three, he must make the schedule, to comprehend the whole case

Four, in the complaint. The listed information not their parties call wrote in the complaint, so as not to judge directly contact with the parties, bypassing the lawyer

Five, pay attention to in the lawyer's letter to write your contact number of practicing certificate (especially criminal cases), so that the public security. The judge to contact their own

Six, all evidence of the original kept by the parties themselves, leaving only the copy of lawyers, so as not to lose the original evidence can not lead to the incident, undertake major fault liability.

Seven, not to point a little money, easy to do a lawyer to witness! Would rather let the parties make their own notary, there with great risk. A lot of lessons, do not try

Eight, the criminal aspect, 2 people go to the best during the meeting, do not pass to suspect any goods (including tobacco), sometimes a little bit of compassion will kill you

Nine, and each party may talk, must have transcripts, and let the parties signed thumbprint. This is very important. Sometimes, the parties will go back and may accuse you. At the same time, the purpose is not to be used as the court evidence, but that your workload.

Ten, do not easily make a commitment to the parties or their family members! You have nine to hold, remember!

Eleven, on the advice of time, point. Only the part of the substantive issues to explain to the parties to listen, do not talk about the program. Because some parties to consult when still undecided whether to please people, and would you please! If what is heard, then you will only make a free (or charge) consulting! Unless it is very large and complex cases, but these cases are in the minority, and it is not necessarily to a novice to do, to live, to get some exercise opportunity, only to do so, the case received hand, 80% energy practice lawyers are all used to pay his party.

Twelve,The parties said to have their own measure, key issues and case details, must look at the evidence

Thirteen, cross court information and communications liaison with the parties shall be backed up, the establishment of a complete file

Fourteen, to quell the momentum from your client

Fifteen, pay attention to their image, even if the money, also want to wear well, have an imposing appearance. Buy a piece of leather. (don't think vulgar, this is work!)

Sixteen, the power of attorney to sign a multi-party call is best to prepare for trial, conflict change agent, it will make you look very mature, the colleagues of the parties are so.

Seventeen, don't put the relevant legal provisions in case documents or information to the parties, all to copy, take away, some people got to think of him as "legal basis" are no longer looking for you. Lessons are.

Eighteen, pay attention to and the conversation, to understand that the statements of the parties, the parties of the "wrong" to show anger, then the difficult cases in the comment. Premature to talk about the view is not good for you.

Nineteen, if possible, notify the parties to court hearing the best; if the parties did not empty, it's best to let it to listen to the tribunal, to let it feel you do for the case of the efforts and the expression of views.

Twenty, the simple case of complex, the complex case simple.

Two one, the parties entrusted thing must have the sense of responsibility, but be prepared with the parties face (various psychological, time schedule and economic aspects)