A lawyer, the non litigation legal business status

(a) the litigation and non litigation business lawyer

Litigation lawyer is the traditional business, is a lawyer of the one's special skill, however, as the number of lawyers in China and increase publicity, legal knowledge is becoming more and more popular, the traditional litigation business is facing more and more fierce competition. Non litigation legal services in a broad sense, refers to a lawyer to handle the legal service matters all not involved in litigation, including serving as perennial legal counsel for the enterprise, providing legal services in business negotiations, etc.. At present, the non litigation business income in developed countries generally accounted for law firm income60% to 70%, but in our country, non litigation legal services revenue accounted for only 1/3 of income law firm, a huge space for development.

(two) species and the development of non litigation legal services

China currently has some non litigation business has been very mature, some are gradually developing, and the more services to be developed. Non litigation legal services is closely connected to a national and regional economic development, that is to say, as long as there is a demand for legal services, there will be a lawyer to provide legal services to the corresponding. China's lawyer system since the restoration of seventy time end, non litigation legal services has gone through several stages of development. One is the beginning of the eighty's the opening up of China based on, a large number of foreign investment and trade activities in the China, development causes our foreign-related legal services, such as Beijing JUNHE law firm as the representative of the foreign professional firm; the two is the development of the late eighty's in China caused by the construction and real estate business development based on real estate legal services, such as the Shanghai development law firm on behalf of real estate professional law firm; three is a lot of legal services in securities of the company development caused by the early ninety's in China based on the establishment of capital market, such as Beijing Dacheng, Zhongyin law firm.

In addition to the above several developed well in non litigation business, along with our country joiningWTO, our country is engaged in international trade, anti-dumping and other aspects of the lawyer business has got great development.

(three) the huge development space of non litigation legal services

The development of non litigation legal services lawyers and economy are closely related, with the establishment of market economy of our country, the development prospects of the future will be more broad, mainly in the:

1, the reform of administrative system, there are many administrative organs to transfer the opportunity to complete by the intermediary institutions; such as law and securities law business etc..

2, after the entry of WTO and the process of building the legal system, legal person and other economic subjects have the awareness of the law more; for example, the real estate business.

3, from a planned economy to a market economy, the market behavior of legal economy requires many must be carried out according to law. For example, business negotiations, business etc..

Two, the lawyer engaged in non litigation legal business conditions
   The demand for talents and any one industry,A good non litigation lawyer, also, need to have both ability and political integrity.

(a) the meaning of morality

1, honest and trustworthy, highly responsible for the attitude of the parties. A good lawyer, first of all must be honest and trustworthy. Integrity refers to the parties on the issues of what to do, what not to do, can do what, what time can be done must be clear to the parties. A business, the lawyers may mean several hundred or a few dollars, but for the customer is likely to affect hundreds of thousands or even millions of income, so be careful. The so-called credit refers to the parties promised to finish, can never betray.

2, solidarity and cooperation, cooperation consciousness. The traditional litigation because process clear, generally a lawyer can handle. But every non litigation legal services has its own characteristics, involves many legal knowledge and other knowledge, a lawyer is difficult to independently handle, lawyers need coordination and cooperation. Therefore, do a good job in non litigation legal business, must have the spirit of cooperation.

The work principle of 3, seek truth from facts. One is that according to their ability to decide whether to accept the entrustment to the parties on the issues, two in the treatment of parties on the issues, must complete the legal business in accordance with the provisions of the objective facts and law.

4, good teamwork and interpersonal skills. Non litigation involves dealing with a variety of customers, a customer is often related to customers at all levels of people. Therefore, no good interpersonal ability, development will greatly influence the lawyers.

5, the Conservative Party's secret. This is one of the basic occupation moral law, because the non litigation may come into contact with the more secrets, therefore, more attention should be paid to the Conservative Party's secret.

   (two) the connotation of

1, the macro and comprehensive treatment of the problem. With traditional litigation law outside completely in view of different, should pay attention to from a business point of view when non litigation legal services for more. International law firm Mr. Lv Lishan said: the lawyer as a plumber. Between client and another customer's trading is like a water pipe. The role of lawyers is to this pipe of the loopholes in the block, ensure this pipe water successfully to another client from a customer. Therefore, do a good job of non litigation legal services, must from the point of view of the business objective point of view, to achieve the business target to pave the way for.

2, rich knowledge, good learning ability. Much of the knowledge of non litigation legal services related to, in addition to the requirements of lawyers versed in the legal knowledge, the general should have professional knowledge of other subjects. The most basic accounting knowledge and management knowledge, in addition, the lawyer must have a good learning ability, to master new knowledge in the shortest period of time.

3, strong verbal and written expression ability, a certain level of writing. Legal lawsuit should be short, simple and clear, but the non legal procedure must be long, detailed. Therefore, lawyers must pay attention to improve their writing level. Through a large number of writing to improve my writing skills.

4, familiar with computer and other modern tools. The twenty-first Century is the century of information, do not know how the computer will can't do anything. Be a lawyer, law, information can be conveniently obtained a lot from the internet.

Three, cultivate new lawyer how to proceed with the non litigation legal services

(a) preparation stage

1, choose a business orientation, and select a good law firm lawyers and excellent guidance. The lawyer business competition more and more intense, therefore, in the market to have a space for one person stood there must be their professional direction. A new lawyer, should according to their own preferences and expertise to choose a direction, and joined some research and Practice on the business law firm. Law firms and guide the choice is good or bad, on the development of a new lawyer is a great relationship.

2, to a field of knowledge in-depth study and research. In the business direction when selected, must do a lot of learning and research. As a professional lawyer, is not you have seen two or three professional will be, must become an expert in this field, which need a lawyer to do a lot of learning, research.

For business promotion 3, through research, writing articles, lectures etc.. Confucius said: learning without thought is labor lost, thought without learning is perilous. Similarly, to study in our professional knowledge of one field, it must be their own learning experience and research results to speak, write, and let more people know you study in this problem and the depth of your research. Specific approach by reporting research, write and publish articles in professional and related research, training courses, lectures and other means of publicity.

In the preparation stage should pay attention to the following points:

1, avoid float dry. Be able to endure loneliness and a poor, trade-offs on existing business, invest a certain amount of time and energy for professional learning and research. The new lawyer's worst fault is impetuous, feel with a practicing certificate of lawyer and what can. Don't settle down to study and research.

2, avoid by all means is not focused, what all want to learn. The lawyer must have their professional direction, no professional direction, there is no competition. Therefore, must select professional direction, what want to learn, finally what also not good.

(two) business development stage

Do a good job in the knowledge and experience of the reserves, to actively explore the business through a variety of means. Non litigation lawyer business mode and litigation are not the same, more to the professional knowledge and ability to do business show. The following methods are more effective: