Perspective America lawyer system -- a visiting scholar interviews (Reprint)

Editor's note: the Legal Department Ministry of justice tour health as a visiting scholar American news agency international exchange program, from April 23, 1995 to May 23rd, the United States to visit for a month. Investigation is the focus of the American lawyer system. The investigation of time long, range is wide, the USA eight City, state, federal, widely visited the city government agencies and various non-governmental organizations, to American lawyer system made a more comprehensive understanding. Combined with the proposed our country law problems in legislation, specifically introduced some of the event American system, worth reading.Judicial examination, legal consulting ug4S$\W
   The concept and the scope of a American, "lawyer"
   Often use number of America lawyers and lawyers in China simply compare people, said there were eight hundred thousand lawyers, but in our country only eighty thousand lawyers. This comparison should say is not very accurate. In fact America "lawyer" concept and the "lawyer" concept is not the same. What we call the "lawyer", refers to the special legal service work, must meet three conditions, (1) through the lawyer qualification examination; (2) obtained a lawyer's license; (3) the practice in the law affairs . American said "lawyer", refers to have engaged in special legal service qualification, equivalent to China's "lawyer qualification". In American, who graduated from law school, pass the bar exam, it can be called a "lawyer", regardless of whether they then do what work. So we often hear American "government lawyers", "enterprise law", "military lawyers", and even the court also has a lawyer. In fact, these lawyers cannot be understood from the professional sense, should be understood as "legal experts in the field". These people are usually influenced by occupation or profession limit, not to help people. Their business scope is generally limited to do some draft laws, legal documents in the work of the Department, handling non litigation legal affairs, to provide legal consulting work. This difference is many people do not understand the concept American law concept and our country lawyer, the lawyer thought is our domestic law concept of sense of law, references will inevitably have error.(p|%P4h, t'I
   The lawyer management system two, American'g2tKAs6e, AO&du*b
   USA lawyer management system has the following characteristics: (1) in the USA, lawyer management right belongs to the rights of the States, the federal without asking, the lawyer management system so America no unified national. Although the lawyer management system states are the States, each has a different, but the basic thing is still the same. (2) the lawyer not by State Ministry of justice, but by the state Supreme Court tube. Based on the theory of separation of the three powers, lawyers believe that belongs to the judicial scope, by the Ministry of Justice Administration of law, independence and impartiality in dealing with the government related cases hamper lawyer. (3) basically court management of lawyers is not the direct management, but most will have entrusted affairs management to the State Institute for the unification of law or state independent counsel management organization in nature, some important links just their own of lawyer industry rules approved and the bar exam, the lawyer punishment in. Even in these aspects, non-governmental organizations also had considerable involvement. Such as lawyers management rules, America lawyers association with a lawyer occupation moral and disciplinary rules office, technical drafting rules on lawyer occupation. As a non-governmental organization, they drafted the lawyer occupation rule itself is not the only demonstration regulations, legal texts, is for the reference of the states. States basically used the office to develop model laws, some slight changes, some security copy. The state supreme court approval, became the state attorney management regulations.Judicial examination, legal consulting H%O
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   Three, American Lawyers AssociationJudicial examination, legal advice ~) a7]/\3Z8Z
   USA from the whole country to state, city, county, the establishment of a thousand Lawyers Association, the association of lawyers from nature can be divided into two kinds, one kind is the semi official, have certain management functions mandatory state bar association. A completely private, voluntary bar association. The establishment of mandatory lawyers association is because the lawyer management. All American approximately thirty-six state bar association belongs to semi official mandatory Lawyer Association, they are the state Supreme Court leader and coach, to manage the state lawyers to represent the state Supreme Court, including the organization of the examination, determine the criteria for admission to the lawyer, attorney discipline. The lawyers association is a lawyer must be forced to join the organization. In addition to all the various forms of lawyers association are folk, including American biggest Bar Association -- American lawyers association. The establishment of non-governmental voluntary lawyers association is because lawyers need to self management and self service. The lawyers association, volunteer. No subordinate relationship between American all kinds of Lawyers Association, independent of each other. All the lawyers association is not to rely on fiscal funds, funds mainly from three sources: membership dues, donations, the association's own income. Such as the Cincinnati Bar Association's funds, membership fees accounted for 35%, other income accounted for 65%, revenue of the project including publications, lectures (annually held more than 100 lecture), to the parties concerned to help lawyers, legal personnel placement, notary fees etc.. The state law has no provisions for membership of the association of hard of lawyer, a lawyer may not join any Lawyers Association (none in this state, the official management of Lawyers Association case), can also add a few lawyers association. Join any association is to pay, such as joining the Texas Association lawyer, lawyer when less than three years of over $140, more than three years of over $264, adding the professional committee also extra fee. Because of American lawyer industry competition is very fierce, the lawyer must constantly improve, enrich themselves, and join the association of lawyers can get information, to participate in business training and exchange with each other, is to improve and enrich the effective way to own, so join the association are very enthusiastic. America law is divided into federal and state, starting from the needs of the business, the majority of lawyers in the state and the lawyers association at the same time, also joined the USA lawyers association.
   USA lawyers association is a self disciplinary organization and self service lawyers, there is considerable authority and influence in the USA lawyers. It has 370000 members, accounting for more than half of the national lawyers. There is no direct link American Bar Association and the government, not by a government department of the leadership, it also does not directly manage any a lawyer. As a lawyer, the largest industry organization, its function is: drafting demonstration lawyer management rules (via the state Supreme Court to determine the selection, which is the attorney management regulations); is the law of education and Information Centre, helping lawyers continuing education; self-management lawyer; reflect the lawyer concern the lawyer industry interests, protection. The association has 30 departments, these departments are subdivided into 90 professional committee, relates to lawyers and lawyers related aspects. Lawyers Association, by election, term of two years (year alternate, a year is either), past president of unpaid, from last year began to pay, but many agencies themselves can also benefit, such as the lawyer occupation demonstration rule drafting office, they drafted rules states to pay a certain costs in the. Lawyers Association examination center exam states to buy.Www.mykh.net
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   As the bar association, the semi official nature, organization form and management form itself is still the folk autonomy. From the Oregon Lawyer Association unified situation, association of more than 20 professional committee, 85 paid staff, responsible for all aspects of the daily work of the association. The way the leadership mechanism, each district attorney from this region for director of lawyers in the election of 12 directors, two directors and was recruited from ordinary citizens, consisting of a total of 14 State Bar Association Board of directors, the board of directors in office for six years, the 1/3 election every two years. The board of directors from the board of directors served for more than three years in the election of chairman. Lawyers Association, elected by the membership, the president is the reputation, mainly ceremonial work. Lawyers Association executive director of the association. The daily management work. Implementation of Ren can not a lawyer, by the board of directors in the national recruitment, equivalent to the enterprise or the manager of the company, without tenure, both sides is the cooperative relationship. Deputy executive director selected by an executive director appointed. Ohio Association of the current executive director is not a lawyer, but in that position for over twenty years, executive director, who had previously in two other states have any state bar association."Sunflower law forum T d; D) _P/Xme9p