In the legal profession, as a full-time lawyer, has been more than 20 years have passed, 20 years Pronto, the past be visible before the eyes, memories of a be filled with a thousand regrets. Over the years, there are too many hardships, there is too much to pay, there are too many people to be proud of the brilliant, of course there are too many twists and turns...... In this section, but the lawyer career past is in my life the most brilliant, the most brilliant chapter, I do not regret I have to make choices in life, no regret for the career as a lawyer in every day.

A lawyer is decreed by fate fate

At the beginning of the eighty's, I as a teacher at the time of the Shanghai County Industrial Bureau staff technical school, an accidental opportunity, go to the Shanghai Academy of Social Sciences, read two years of legal classes, two years, specialized study law. When the class please teacher is a professor of Chinese politics, Fudan University, and the court system of experts and scholars, as a trainee solicitor from this class, I was assigned to the Shanghai united law firm, in the joint practice for half a year, to 1987 January, because I work in Xhenzhuang, to jointly do part-time lawyers is not convenient, so, I take the initiative to find the Shanghai law firm, because I do not account for the preparation, without pay, do not occupy the seat (desk), so the house also does not have what different opinions, I am very active, in addition to the units of work, one time I just past services. Drill, for a long time, with the Comrades are familiar with, the lawyer often let me work with them to do, or let me do some independent criminal, civil cases. I remember, eight seven years time, I did part-time for more than 30 cases, and in some cases also do better. This time, my memory deep is a civil case, a long time, I did not remember the names of the parties, but the case is still remember: one day in the afternoon, I went to the office of the office, in the office, there are two lawyers said to me, do, you come over, have a case, you receive. Have a look, can't help for. I see the parties, is a 50 year old woman, through the reception I know, originally, she told Zhou bought a house in Songjiang area, the sum of money had been paid, but not for property transfer, moreover, the transaction contract notarized, the notary office to revoke the case ever prosecuted notarization, take back the money, but was rejected. Zhou is a leading us to the county in key positions. At that time, I was a newborn calves are not afraid of tigers. Listen to the introduction, arise spontaneously as litigant justice passion. I immediately said, the case or others, or to pay back the money, there is no other way out. How could not launch, and not money, not wonderful, funny, there is this the truth?! The case against the trial, just know, the room is the family heritage, relevant statutory heir to a dozen, and several overseas, obviously, the housing sale invalid, the court trial, the judge let the defendant be in the full vigour of life -- a man sat talking, and my party -- a a fifty year old woman standing, tendency obviously. I immediately protest, require the parties to equal treatment, adopted the judge. A tribunal investigating the morning, just give me ten minutes of court time, never mind, concise and comprehensive, went straight to the theme, the judge had adopted. Finally, the case of my party win in the end.

In more than a year, I with fresh squeezed and adhesive strength strong, especially my law firm lawyer and you get along well, but, also showed a certain case handling ability and talent, thus, caused the Judicial Bureau leadership attention. At that time, I had two times in the legal occupation opportunities: once in the summer of eight seven, I was the Shanghai Municipal Public Security Bureau Hami Road police school recruit admission, but I was the host of the Shanghai County Industrial Development Bureau cadres seedling cultivation is to retain not put. At the beginning of eight eight, Shanghai County procuratorate for admission, but also did not go into. The Bureau of justice of this time can make me? This is a question mark. Here, I would like to thank Lu Xinggeng teacher, thanks to director Zhang Guangming, in order to me in the Bureau of justice, they spent a lot of time, made great efforts, finally, was startled when Shanghai County, in charge of political leadership, the county leaders in charge of the state table will I to the Bureau of justice from industrial bureau. Then, in June 30, 1988, I officially became a member of the Shanghai County, second in a law firm. Here, I would especially, the distance in front of passing, I also not officially a licensed lawyer. This is a specific historical condition at that time, this is unbelievable in today, it is not possible. Because, at the time of the legal professional talent too little. At that time, the choice I made is a very bold decision, because, I have not even the qualification as a lawyer, but abandoned industrial bureau was more attractive to me -- the house and dry conditions. If eight eight years bar exam pass, I will face an awkward situation. Fortunately, eight eight second half of the year, I passed the bar exam, also successfully passed the national cadres for recruitment exam, and, to do more than 30 cases, the development of a dozen consultants, eight eight years is a memorable year, the eight eight year is a year of harvest.

The lawyer's mission

To ensure the correct implementation of law is the sacred mission of a lawyer, a lawyer is the highest duty to safeguard the legitimate rights and interests of parties. Eight, ninety, a lawyer, is what kind of state, lawyers fees, lawyer's business scope, lawyers and judges, lawyers in relation to what, this is today's young lawyers want to know, want to know. As a pastor, I think should be the real history tell us.

In eighty, ninety in the early 1990s, lawyer's main business is in the criminal, civil litigation, non litigation business rarely, foreign-related lawsuit less, so, the vast majority of lawyers in criminal defense, civil litigation as their main business, and criminal defense, the main types of cases is roughly the robbery the rogue, theft, embezzlement and bribery, rape, and some cases. Civil case is marriage, property and economic litigation claims of debt contract disputes, etc.. The lawyer was the public awareness and recognition of the degree is low, many people do not understand the law, lawyer and the significance of the work, more do not understand the importance. This also no wonder, because the construction of legal system throughout the country that has just started, status, lawyers in the social life of the role has not been fully revealed. Today, go back and look, the young lawyer, really good envy now because, lawyers have is an indispensable social role in today's social life activities, lawyer stage than the much larger. At that time, the lawyer handling charges are very low, generally in a criminal case30-50Yuan, a civil case is in general50Yuan, economic litigation can have thousands of yuan charge is already very considerable cases. So, the whole firm revenue a year of only a few hundred thousand dollars, remember to the end of nine two, with Minhang District and Shanghai County, Shanghai County, the second law firm was renamed Shanghai Xinmin law firm, the business income thirty yuan, including hundreds of thousands of yuan of township legal service office to. So at that time as a lawyer, don't know what to send money, earn much money, the heart is only a legal workers sense of the sacred and the sense of mission, only the legitimate rights and interests of the parties, the sacred sense of mission and sense of responsibility into their assiduously business, but a power hard case.

Here, my mind emerges out of a lot of case, but because of the limited space, I can't one one details, only in a few things I imprint is engraved on my heart., lifelong and unforgettable. For example, Chen corruption case, the accused Chen contracting a farming operation Department, contract, Chen of the state-owned enterprises or the staff and workers waiting for employment, the business department will only some of the certificate of the enterprise to the house, not a penny of liquidity, Chen in three years time, through their own the cost of operating activities according to the contract year, and shall pay the tax, they would get a good income. The case today is very simple, but in the early ninety's, our country to contract and relevant laws and regulations is not very clear state, Chen was arrested and charged with the crime of corruption prosecutor, to take over the case, the lawyer charges50Yuan, after spending ten months time, the first not to adopt the opinions of the defender, the defendant was sentenced to ten years in prison. Through the instance, and finally to withdraw the first instance judgment, to Chen acquitted. During the ten months undertake the, I spent a lot of time and energy, the relevant facts, the case study evidence and relevant legal, because these business is building sand, so the accounts audit to identify the workload is very large, I put the carry, sometimes half the night with a flash of thought, whether it is the beginning of winter, or hot summer, I will immediately get up, the idea of record.

Moreover, when we Shanghai county is an impoverished village, I remember the general case is: a village the village and North Dongtai as well as a private enterprise in Wenzhou the main cooperation started a business, due to poor management, the losses of the enterprise, the three party may result in action, the defendant my party as the return5Million yuan of investment funds, through the efforts, I proxy the impoverished village through the counterclaim win victory, and, I also personally and executive judge together to Wenzhou, after nearly a week of hard line, get twenty thousand yuan in cash and in kind twenty thousand multivariate, I and two executive judge by boat to the Shanghai docks, not fight, the executed money intact, his pocket, take the bus home. The case is no charge, but the case from the litigation to finished, spent more than a year. When I took twenty thousand multivariate cash, contains a lot of coin to the village Party branch secretary, village Party branch moved to tears.

At that time, most of the lawyer with the sacred notion, on their mind at work, in the struggle, in my 20 years in a lawyer's career, the heart has always been filled with the sacred mission and responsibility. As a lawyer, as a legal worker, if not for the correct implementation of the law and due diligence, if not for the legitimate rights and interests and make painstaking efforts, then engaged in what meaning this occupation? For more than twenty years, I go through numerous difficult, complex, enough to test a lawyer's level and ability, and will and faith.

For example, Wang told a Shanghai City Public Security Bureau administrative litigation case, the case happened in the implementation of "administrative procedure law", "administrative behavior occurred in the implementation of the administrative procedural law" before and after the. At that time, the administrative court litigation court administrative litigation court and the Supreme Court, with a floor of office, judges are familiar with each other. The case against a trial of Wang, Wang refuses to accept, appeal, and in the second period, the replacement of a trial lawyer, asked me to act as agent. The case agent, I find out the facts, based on the law applicable to exchange views on many times, and the judge, but written trial are told. I ask the second public hearing, and the organization of experts and scholars on the vivid case, think of it as a "administrative procedure law" implementation. Finally, the judge agreed and adopted the court, lawyers, experts and scholars organized Hushang renowned administrative litigation in the truth, not afraid of debate, after fierce trial, the case was finally made to public officials, the lawsuit to win. The case attended the seminar administrative procedure law, all China Lawyers Association first, and keynote speeches at the conference.

At that time, lawyers do many cases to the field trip, travel conditions, conditions of handling the hardship and difficulties are difficult for us to imagine now. For example: at the beginning of the ninety's, I represent a factory grinder was a case, in order to recover the loss of hundreds of thousands, I took the public security personnel in Guangxi Guangdong area, around the country, town, get stolen goods directly do cooly, hundreds of pounds of iron directly. A moving car, before and after twenty days, without a strong will and belief, it is difficult to do. After coming back, I spent two weeks in hospital.

There is also a case also let me difficult to forget: that was in 1992 August, a business manager of the company will go to Chongqing to do a aluminum business. First, as a legal adviser to the company, I remind the manager being cheated. A week later, the manager object, money280Million paid, I heard that after, fraud, and immediately made contact with the court, this city has another company also was cheated out of money150Million yuan. At that time, six or seven people together with the court I wait for a day in the Mid Autumn Festival rushed to Chongqing, after investigation, and the object is a Swindlers Company, in just six months, have to cheat1800Million yuan, the local police have been on the company to initiate an investigation, the Swindlers Company of people in hiding, the case, lawyers and court judge as scouts, day and night operations in a row, followed by hit out in all directions. With the active support from the local government and the court, finally forced the cheaters, make a repayment guarantee in the court mediation book, and caught red handed150Million bill. From the Mid Autumn Festival in September 9th September 30th from Shanghai to fly back to Shanghai, had not slept for a solid feel, not eaten a meal at dinner. Back to Shanghai, the lawyers and judges are off a body meat, Hu Hui Hu after liver cancer, died after a month. The case through the efforts, a total loss of recovery.

Lawyers management -- a difficult problem

Over the past 20 years, in addition to the requirements of their own to do a good lawyer, I do the director of nearly twenty years of law firm.

1989 January to 1992 December as the deputy director of Shanghai County, the second law firm.

1993 January to 1999 December to create and the director of Shanghai Xinmin law firm.

Two000From January to two00In October four Ren Min new director of law firm in Shanghai city after the restructuring of the.

Two00Four years in October to two00In October seven, director of the Shanghai Asahi wave law firm.

How to manage a firm? I am a task has been diligently study for so many years. Over the years, in order to firm, I pay a lot, success or failure, I can not comment, but I pursue, I tried, I pay, also seems to have a sense of achievement brilliant.

Chinese law firm system and operation, and the legal construction of China, the country's economic construction is closely related to. In my opinion, China's lawyer system from eighty's to ninety's at the end of the start-up period, its characteristic is: A, forms of ownership: most of the national capital. Two, the lawyer team status: the overall quality, especially the legal literacy is low, firm size is small, small big lawyer, is the personal heroism era. Three, the source features: the domestic litigation cases as the main body. From this century, the lawyer industry has entered a period of development, its features are: one, forms of ownership: most of the partnership law firm. Two, the lawyer team state: improve the overall team quality, large or larger firms began to appear, and gradually increased. Three, the source characteristics: domestic and foreign non litigation, non litigation cases gradually occupy the main. I predict, the second stage will experience another thirty years time. In the third stage, the most distinctive feature is: law firm system with company as the main mode of transport. This is one of the developed countries, the main mode of operation of law firm system. From the analysis of visible, lawyers in the state owned assets supervision and administration of the form and the form of partnership is a primary form, in this form, law firm of the talent resources can not be the biggest play, a partner in a law firm in the exercise of the firm's management, often at odds, difficult to unity, the internal friction is too large. Because each partner is a subject of interest, but has not formed a common interest. Based on the above analysis, we this generation and the generation is a necessary transition law firm system reform and development.

I'm in Shanghai County second law firms in 1987 January to 1992 December was, at that time, the firm has one hundred and twenty square meters around the office of the housing, and there is no after renovation of Datong, all connected back office, accounting together with all people, a year of business income probably between two hundred thousand to three hundred thousand, at that time, our the main task of two pieces: one is the scope of the county18Legal services in Township Bureau of professional guidance and help, at that time it was called "the hook", so we lawyers are often to each township legal service office to contact around, each of the township by the business income to us certain management fees, this piece of business revenue accounts for about us all revenue40%Around; another is our lawyers handling business income. During this period, a period that is, I do case most of the time, is a person from beginning to end a case, no assistant, most case is not cooperative law. I'm a year are generally handled one hundred pieces of criminal and civil litigation, this piece of the business income of about5Million, the average case charges at50Yuan. Has very important significance to improve the basic skills for my lawyer's service during this period. But the lawyer all this period are not in the economic benefits too much to expect. The average annual income of about a lawyer3-5Million yuan, this period pay lawyers work, working conditions, the external environment with no later than, very poor! This stage, the allocation policy we are scoring system, the lawyer fees are classified according to the criminal, civil, consulting fees, according to the fixed coefficient corresponding calculation point, at the end of the year will total income deducting the cost of all business expenses divided by the total credits that point unit price, unit price multiplied by lawyers to work. The income of a fraction of you. This pattern was assigned as the many law firms, is a mainstream distribution pattern of the period. When we look at the distribution pattern, I think than simple according to a certain percentage of rationality, because it is in identifying different types of cases coefficient, will have to pay the lawyer workload and difficulty of different types in the case into consideration.

In 1992 December, Shanghai County of Minhang District and the "removal of a 2", the formation of a new Minhang District. This year, we are old director lawyer Yao Zengrong retired, I served as director of the Bureau of justice appointed. The new Min the name is by my first proposed, and then by everybody approval, justice "new Minhang District" "the new day". Plate is the hospital economic tribunal Kan filial piety Qing judge very enthusiastic to help us make a great calligrapher wrote (original post was made nameplate merchants to embezzle, very sorry!) , did not spend a penny. In the work, I know and have many judges friends, but everyone is the friendship between gentlemen.

In January 1, 1993, Shanghai Xinmin law firm formally. At that time, all the seven lawyers, a cashier desk, a part-time accounting, lawyers, the average age of42Years old, bachelor's degree a, secondary one, the rest are college degree. The nine two annual income for36Million yuan (including township legal service office management fees and expenses). As the heavy responsibility in shoulder office director, I proposed the objectives for yourself: first, bring out a team (three to five years); second, to develop a number of business, in line with market economy; third, to reform, grasp the management firm, play advantage, do characteristic.

From the beginning of the nine three year, the firm has fundamentally changed thoroughly to remould oneself. In a short span of three years, the firm has introduced the seven lawyers, the seven lawyers are mostly young lawyer, a license but not business, therefore, the introduction of people at the same time, is to give yourself pressure, but also to expand the business. At that time, expand the business direction, slogan is "in real estate, finance, international business focus, criminal and civil litigation is based on conventional". Practice this direction was later proved to be correct. For a long time. Later, the real estate business, financial business has become the main source of the revenue of the new min. The area of most Real Estate Company, most banks become belonged to my customers, there are a large number of industrial and mining enterprises, which for the lawyers to provide legal services for a large stage, and become the main source of income of the business is increasing rapidly. The past nine three years, the business income to achieve120Million yuan,94Years, reach240Million yuan,95Years to reach400Million yuan, Xinmin quickly became the Minhang District lawyers of a dazzling star, become a well-known Minhang District law firm.96,97Years, all with the accumulated profits improve staff welfare, buy18Commercial housing units, assigned to each member of the whole, including administrative staff. To99Years of restructuring, the total18Lawyers,5Lawyer assistant,4Administrative staff. An annual income reached800Million yuan. There is such a good performance that during this period, I think there are several reasons for this: one is that District Justice Bureau leadership to office work support and help, such as the reform in talent introduction, tax preferential policies, the internal management mechanism including distribution system reform. The second is the internal gradually formed a set of more reasonable management mechanism. For example: "three mechanisms": the director responsibility system under the authority system -- firm leadership decision-making body, the Congress System -- is the exercise of democratic management and decision of a system, all members of Congress System -- the exercise of firm management supervision, the equivalent of the board of supervisors. At the party conference, office and other party members enjoy equal treatment, accept supervision. In business management, insist on every two Monday of the lawyer business learning and training, and according to the discussion of the need for temporary major and complicated cases will. In the distribution, the original score to return to distribution according to business revenue royalty payment and welfare funds combined. The firm put forward the "love love interests to build" slogan. The goal and the slogan, become the common programme, condensed the common goal. Third, the director responsibility system. In the system at the time of director of office of bureau of justice, to accept the appointment, on behalf of the management of the firm. The director has the power of appointment and removal of personnel, distribution right, the use of the assets and the allocation of rights.

Behind these brilliant figures and system settings, condensing I make painstaking efforts pay and dedication. At that time is to go out the case, back to the housekeeper, busy during the day, night busy affairs thinking; of course, also embodies all the colleagues to pay. An old lawyer lawyer help each other with new, solidarity and cooperation, formed a distinctive new Min culture.

Two000The new year, the whole of the transformed min, in the Judicial Bureau asked not to walk a person's case, the entire all turned to partnership law firm. How to operate in this type of partnership law firms? No experience can learn from. Is a new topic. Theoretically speaking, the so-called partnership, must be with like-minded people and as the foundation, have a common goal, the common idea among the partners, but also a gap is culture, moral and economic basis, otherwise, it is difficult to form a consistent. The partnership has been in operation for almost ten years later, after the experience and lessons of success and failure, gain and loss, to this, I particularly vivid.

Review of the 20 years of groundless talk career as a lawyer, there are unforgettable memories too much, some people with emotion, some sad, some still let me excited...... But all that I can be proud to say: this time, I had no regrets, my life with this section is more exciting!

Dedicated to my career as a lawyer in 20 years to my care, support and help of all the leaders, colleagues and friends, my greatest gratitude and respect to them!

Dedicated to Chinese lawyer system restore thirty anniversary!

                                                                                                 Xue Bo 2009.3.20