A lawyer's practice experience summary

 

Young people do at the beginning of the lawyer was very tough, requires great perseverance to stick, basically the first year was very hard, lonely, lonely, vacant......The mood is very complex, need to adjust to a better state of mind to deal with

　The "transition period" the length of

From practice to date, basically can take three to five years period,

Of course, if the effort and a little luck, may require only a two-year transition period

Generally speaking, after the transition period, the white-collar lawyers income can be more than the city's average income; but for a lawyer, after the transition period of a few years is more critical for several years, the future can do what extent depends mainly on the recent years; basically, for a lawyer, if10Also do not have no hope

About the gap between rich and poor

In my city for example income at10-30Million between lawyers accounted for the majority, could not eat rice and higher income minority.

The young lawyer's income

We are young lawyers more

　　30Years old, a lawyer at3Years or above, basic income at15Million

Like our brother,95Class A, revenue is estimated at15-20Million

　　96A senior level, now still at school, this year revenue is estimated at sixty thousand or seventy thousand

The lawyer's future

Personally think that is a very promising occupation

There are several reasons for this:

　　1Now the number of common civil, criminal cases is increasing, the legal dispute is being expanded Chinese; this is the new road law provides support his condition, "big, small case without continuous" is enough to feed themselves

　　2Litigation is more and more big

The general civil case, even if there is no property disputes, the charge is also in3000Left and right, and now the property dispute more, even the divorce, are often involved in real estate, and the current housing prices in general40Million, so the divorce case is likely to be in charge1Million

Related to the company's case, the amount is in the hundreds of thousands or more, a few million cases charges

　　3Non litigation business more and more, this is a new, growing business market, such as the rotten poop disposal, corporate restructuring, enterprise restructuring and so on, the charges are not small, generally can have hundreds of thousands of charges

In addition, there is a law firm, this light in the unfinished building in the field of income have700Million

Of course, this need a lawyer to open new business, this is the new attorney, challenges, and opportunities. Old business fields have been old lawyers occupied almost the same, the new field of competition is relatively fair

According to my observation, the lawyer's business will continue to appear, the China domestic lawyer industry in the development stage, is far from saturation; new business to provide good development space and opportunities new lawyer

On the relation between ""

Lawyers do business need "relationship", but there are several points should be noted:

　　1Their relationship is "to create" out of the natural, super superior absolute minority

　　2At present, the lawyer business development has presented the change from the "relationship" to the "strength" of the trend, and that is irreversible

　　3With the increasing of non appeal business, lawyers more small to "judge" and "dependence, relationship with the judge" in the lawyer's occupation career status gradually reduce

　　4Example: at present Beijing older do non appeal business dominated, some super cow, basically do not do business litigation

About whether a woman fitness as a lawyer

In my area as an example: female lawyers are not a minority,JThe director is a woman.YThe director of the law firm is a woman. BeforeFThe director of the law firm is a woman. Have a great criminal defense attorneyN, also a woman.JLaw firm senior partnerSIs a woman...... Lady in the lawyer's team are not a minority. But most do very well. One, nine female lawyer, three is the partner lady, now not to do business. Do the business of the three annual income in the20Million (of course director is more than millions of rows). As a mean, is still in the stage of transition, is estimated to have fifty thousand or sixty thousand income this year. Another, in the seventy thousand or eighty thousand year of income. There is one, for some reason, the income can have several million yuan.

Overall, women do lawyers need a capable, open-minded; autonomy, some independence;

Women's delicate and natural language expression ability is very helpful for lawyers

As long as the open, lady lawyer is not so inferiority

But there is little need to remind you:

The female lawyer is often thought of their own, gradually will also think woman

But the woman out of shape character, the entertainment of the work, busy, and social contact of the breadth and depth of...... These factors often become unstable factors in family relationships!

Single rate all causes of female lawyer than other industries

Old classmates meet business trip to Shenzhen, but not to talk talk outside lawyers yesterday, today and tomorrow. Ten years ago, my classmate is the provincial capital of a large enterprise division of public security police, has obtained the qualification of lawyer decided to resign after dry lawyer. Ten years later he was a well-known lawyer, business and income are also on the list, the lawyer's scale by several people began to develop into nearly 100 people now in.

Its successful experience is:

One, with the teacher, just do a lawyer with provincial famous law when the assistant, so quickly from a successful lawyer perspective to locate for oneself.

Two, the election of the partners. In three or four years as assistant to start their own law firm, the key of a person, this person business commission later retained to ensure that the law firm was established at the beginning of the cost.

Three, to choose a suitable social groups, just from the lawyer and soon joined a democratic party. In ten years, because of its character and willing to give, be cultivated and entrusted with the task, and the rapid expansion of social influence.

Four, without the use of the early development of easy to right and interest conflict of the partnership law firms, but the cooperation system, so easy to form stable cooperation mechanism and form a certain accumulation in development.

After over ten years of almost step not to miss, so after ten years, has now entered a stable development period, of course, all this in the final analysis are derived from the good personal qualities and unremitting self-improvement efforts.

In looking back on the course of development, whether from the development of personal development or a law firm, have gone through from groping in the dark period to unstable period of development to the steady development period, the most difficult period is the beginning of the three to five years, this is also true of the management of the "mushroom" law, no matter how good talent, just started work can only start from the most simple things, is often dry is the most simple, the most difficult, the most tiring work, pay the most, at least, the lawyer industry is no exception. From the individual lawyers, three years is the primitive accumulation period skills, experience, social resources and influence, is also the most lawyers groping in the dark period; the same law firms face personnel selection, adjustment, stability, development and social influence of the accumulation process. Whether individuals or firms once spent a few years ago difficulties, will soon enter the annual volume of business and income is not stable development period fluctuated greatly, form the steady development period in ten years. Three to five years is a period, five to ten years from the bench, groping in the dark period to less stable development period to the development period and stable, basically is the process of the development of lawyer. The lawyer is hard in the first three to five years, this period is also the firm and the individual lawyers question period.

Expand the lawyer's service (a)

This problem is very large, complex, to tell you the truth, I also is new, and no mature idea. To introduce the usual knowledge and occasionally feeling:1A few days ago, to the consultant unit and a lawyer. The unit is a state-level scientific research units. Establishment and partner ten years ago the Advisory relationship. On the way, the lawyer said: this unit is chicken ribs, the annual fee6000Element. The consultant fee tends to one hundred thousand meter the lawyers, equivalent to white. But the lawyer to tell: I don't want to lose

Reason.1Not many things) the unit, a year is three five times

　　2)If the retaining of consultants, the unit case can retain, case is another charge

　　3)The unit leadership social relations better, in 10 years of Consulting Association, and the relationship between the partners is also very good; keep the advisory unit is equal to retain a piece of social resources

Feeling: a lawyer needs a consultant unit, it is the stable case group

A lawyer was born poor, self production and take the bar exam lawyer. When the first year of practice, practice during the day, night and his wife go out to stall, doing manual labor to the construction site or the weekend. But everyone's respect and admire him. The people, practicing first year income in two digits (million).

Investigate its reason, I'll tell you a story I hear:

The lawyer practice, and parties to talk before the meeting, the absolute listed in the syllabus, print

Before court, will put all the words read evidence5Times

After the case, the summary of each case are accompanied by thousands of words

Treatment of parties, no matter how small, whether legal aid or normal charge, has maintained a high level of professionalism and respect

......

Feeling:

A lawyer needs work, especially young lawyer;

A lawyer needs hard work, more than any other industry;

A lawyer needs responsibility, as a qualified teacher to students, lawyers have a high sense of responsibility to the party;

Expand the lawyer business (two)

An old lawyer older, so I don't do any out of business. Two years ago, through the establishment of a certain way and many parties contact. Thus, the old lawyer phone calls

Consulting fee, minimum100Element/Hours

According to the specific circumstances, can increase

Drafting legal documents,400Element/A starting price, high up to thousands or even tens of thousands of (at that time, a high price means the complexity and importance of document)

At the same time, the consultant for agent

The old lawyer business units will transfer other lawyers, from the commission agent fees

Do lawyers witness, the lowest200Element/Copy

Relates to the property by1%Charge, flexible changes according to the actual situation

......

So down, income also many

At the same time to place the income also many

Disadvantage is:

The consultant's social status is not high

Thus most get case is a small case

And do business people may know, small case is not larger than the simple case

From the case, legal relationship, legal application, often small case is more complicated

So in most of the cases it was arduous, and return the corresponding less

But I think, for the novice, do some small case is not a bad thing

Moreover, did not do too little. Want to do big projects, some unrealistic

When I first started working as an assistant, at that time the school things haven't finished, the firm's work has already started, on both sides of the work is in a cross term

Once, a I, a lawyer and our party went to see the customer, ready to eat in a restaurant, the customer is a university professor, after the sea of business, is now well-established

On the way, the lawyer and I chat,

Note: lawyers should allow more people understand themselves, like you, be sure to tell your students, school leaders and the people around you know that you have started working as a lawyer

They have what things may come to you

Before I reflection, in this, my this kind of "meaning" does not

Always on the side of the people ashamed, concern a lot.

The lawyer of self promotion should be appropriate, not stoop to "beg". "Beg" is not the case, imagine: who would want to put their case to a "beggar" do?

"250"Law and lawyer

The lawyer business because of its uncertainty of objective, the intangible nature of services, service of high risk, customer evaluation of the integrated features (see the success of "law firm road"), is often through family, friends, acquaintances, such as the customer relationship or referral to expand business, mode also remain in the classical and anti flow state, so the lawyer business is difficult to achieve good effect by the traditional market marketing and the marketing way, especially in the current law to the individual as the unit of society oriented publicity, often because there is no specific image products and lack of social credibility. So in the traditional law service, if unable to obtain the trust of customers and recognition, it is difficult to establish service relationship. In fact, most of the customers are also with some relation to find lawyers for their own services, for a long time, lawyer and client relationship is dependent on the path dependence, take care of each other.

　　But the vast human sea, your customers in where? Characteristics of business lawyers lawyers decided not by virtue of their lawyers and expertise obtained directly from the business community, and through certain media as your counsel, specialty, personality and other information to specific groups, the media is the price of interpersonal relationship. According to the American famous salesman Ladd"250Law ", behind every customer have about250With Mie MI. If each sister earnest Huan Xin also wire steal Twilight enzyme core Tuo Nang squat Pang Mei50Potential customer. Moreover, every lawyer behind should have250A dear friend good friend, the lawyer's business is mostly dependent on the250An introduction of relatives and friends or referral to.

　　But is this really the case? People's energy and attention is limited, but there is no guarantee that they can at the same time, attention and care250A dear friend, and"250Law "has always in the event, this is why?

　　USA sales expert Jill. With Kraft and USA professional writer Willy Wood, "relationship decides success or failure" in one book suggests a Pyramid structure of interpersonal relationship, from top to bottom is divided into six layers: the relationship between the value and the people I respect, my people, to my friendly people, like me, know me the name of the person, don't know my name. This conclusion tells us that everyone living in Pyramid in the interpersonal relationship structure, abundance and a person with quantity and quality relationship determines one's quality of life and a personal life to a great extent.

　　According to the observation and their years of practice, and analyzes the I since junior high school for more than twenty years experience, that there is a Pyramid structure of interpersonal relationship circle. In order to"250Conclusion the law of "interpersonal relationship cardinality based, if a person has250A dear friends, in fact as long as he often and six personal contact will be able to achieve"250The law of "interpersonal relationship cardinality.

　　A person often maintain contact and communication with the six person (the first layer6Of people), and the six men each and the six person to maintain regular contacts and exchanges (second layer36Of people),36One and six often contact person (third layer216Of people), three such levels add up to258People. That is to say a person as long as with the six or so people often contact and communication, can form a250Stable circle around.

　　According to the famous"20/80Law ", which has20%Who bring80%Business and income, often can bring business for you who is50People, this number coincides with the number of the first layer, second layer is similar, that is to say the first, in the circle of second people is the main provider of business. As long as a person and the six person to maintain contacts and exchanges frequently, can form a relatively stable250Human relations circle. So the six personal accomplishment and status is particularly important, but communication is always followed Like attracts like., Birds of a feather flock together. rule, the condition of the six men decided to a person's character, ability, knowledge, social factors, personality, experience, education background, family background and other comprehensive. This is also the author of the "poor rich" lawyers, lawyers in the article said that "common development team" the accurate meaning.

　　Through the above analysis is not difficult, the communication layer of the true source of business lawyers from the lawyer himself in work, life, learning, form their own core in the process of communication, the core layer or directly affect the survival and development of a lawyer, and often the first close contact with the individual decision and affect the overall quality of interpersonal relationship. So at the beginning of the lawyers in the practice, especially the practice in an unfamiliar environment law, must break the natural combination process of interpersonal relationship, quickly find and cultivate the core layer or a few have the ability and willingness to help their growth or willing to grow with their own, and constantly improve their own comprehensive quality, according to the development state of the timely adjustment of the core layer. This is a lawyer's survival, development path is also a lawyer, communication layer to core layer as the center and a lawyer geographical advantages to the core layer formed on the basis of social relation network.

　　This effect, we call it as "six effect", is always keep secret the traditional interpersonal relationship and the lawyer business, one of the only sense, can only be sensed the potential rules, which is a lot of successful lawyers tend not to make any form of propaganda, even has connected the site are not. Of course, because lawyers service objectives of uncertainty, with the uncertainty of the market directly to the method is also effective service marketing specific customer groups, but in the existing environmental conditions, the lawyer only continue to develop, create and improve the core layer of interpersonal relationship is the fundamental way out.

Today a colleague pregnant, coincides with the weekend, we have a chance together. Place several old lawyer, and three young lawyers (that is not young, more than 30) and I went to dinner

During the dinner conversation, I think may be helpful to everyone, pick up some says to listen to everybody:

Some said he was a lawyer's experience:

　　90Began as a lawyer, did not think of as the financial, securities, real estate business; two things the direction choice

　　1) a year the National Lawyers Association held a financial security training, for a period of one month, in a certain university, Jiang equal human speaker, the lawyers participate in during the school term, to know a Beijing lawyer a financial case millionaire. At that time, the lawyer is a vibration (lawyer charges are very low, was so large charges is very difficult)

After coming back, this tendency of business after three years, a university and a master of finance class at their own expense, the lawyer enrolled in the study, the understanding of a number of financial sector of the industry and business is spread.

One thing to mention:

When the lawyer economic conditions are very difficult, to learn to live is a student dormitory. Learning tuition is bite a tooth out. But these two learning experience, harvest is not only from knowledge well, but also makes the law have the opportunity to students form met science industry experts, as well as the real estate sector, the financial sector to carry out business friends, this is very helpful.

Feeling:

　　1The contradiction between learning and living)

Young lawyers to learn, to learn, as a lawyer, too many things to learn; business knowledge is always conduct our lawyer of the. But for young lawyers, seems to always exists a contradiction: the contradiction between the practical learning and livelihoods! To solve this problem, we need to grasp a degree, to maintain the livelihood of the case, first small interests don't covet eyes, can take the long view, more professional knowledge accumulation.

A maritime business lawyers, from two years ago, basically did not make the case, has been devoted to the study of maritime business, current income is also considerable

A Beijing lawyer spent five years of time, the famous204A real estate contract format from one lawyer ranks

Various types of formal learning, from which we gain at least including but not limited to the following important categories:

　　1) professional knowledge

　　2Friendship between classmates)

　　3) way of looking at the problem, angle, and even highly; this involves a lawyer vision problems, very successful lawyer can sigh with emotion: how big eyes, had much success.

At the same time, a reminder: the lawyer, the Supreme Court judicial interpretation of the constitution is "",So don't discuss the judicial interpretation is a source of Chinese method

Don't even say "legislative law" does not list it as a source of law

The lawyer's life and happiness

A lawyer group Beijing branch chief lawyer, achieve success and win recognition, middle-aged, unmarried, he died, a well-known university law school number one, number one local lawyers, busy life, as a result of the traffic accident to the

I am small fry, short-sighted, not worth mentioning to the point of not essential, but tomorrow I can ride my bike to work, although my roommate and I have already lost bike14One, but we'll ride in happy, I happy than they

A lawyer is seriously ill in hospital period, also the phone constantly, the "disaster", finally exhausted bed, and I, and in two days in the home, in addition to the relatives and friends greetings, other what all need not tube, I can easily enjoy the human warmth, that I was happier than he

What is happiness?

A lawyer needs what kind of life? Money is not, there are rich, people need but also built a nine foot long board bed, worldly possessions, living not bring, bring death; borrow Zhao Benshan's words "to what" status, bicycle, "how much money is too much," but the lawyer is life in exchange for money, sad lawyer's life should be relaxed and comfortable, as long as you, this is not difficult to achieve

Don't complain you earn less, imagine10Million annual salary, in this city (a case of Tianjin) is less? And these are not the only most of your income. Just imagine, the same salary, other industries are much more easily than you;

Don't envy him earn more than you,

A result, earn more than he has, even he was not envious of

Secondly, the money is often need the price, the price may be unbearable weight

Three, maybe he is envious of you, envy you having a happy life; you know, money and happiness is often disproportionately

Don't think he's made life easy,

Thus, the bitter only he himself knows

Secondly, he would have wanted to leave that kind of life

Third, see his kind of hair loss, check the average life expectancy for men of his type, you'll see who is more handsome

A lawyer loves travel, each with a larger case, want to go out to a circle. His income in the unit is not high, but his life is every lawyer envy, his life was much more mountains, more forest, water, more cloud more, more snow and more strangers, is much more "self"

Senior adviser, a university teacher, a few years ago no longer do case, asked the reason, the answer: the money is not, the you a lifetime money not within a few years to earn. I earn a year, enough to spend it, summer vacation with my wife and kids go around, this is the lawyer should live

The lawyer business development

Once, and compared with the recent selling some of the lawyers marketing book authorXXThe lawyer (Professor) to the development zone to a foreign trade enterprise lectures, on chat, the lawyer said a large foreign trade enterprises, to bank loans to 10 million dollars, for several years without also the foreign trade enterprises can.10In August, the foreign trade enterprises have a considerable funds accounted for, coincides with the bank Cui account, financial personnel to the far field boss asked whether to repay, Mister feel owe also feel shy, he agreed to repay. After the repayment, Mister learned from the financial business lawyer that, central will be in11Month by several billion, used to write off bad loans from banks, if the money is not also, it should be included in the scope of verification

This year, Wen Jiabao proposed to focus on the construction of Bohai Economic Zone, the formation of Bohai economic zone from Tianjin, Tanggu become following Shenzhen, third national policy after the Pudong vigorously support the development of the economic zone. This is the enterprise business opportunities, is a lawyer "business". It is understood, foreign law firms, foreign law firms, and local firms have begun to actively establish branch offices in Tanggu, have also established a relatively complete market occupation plan

Feeling:

　　1The lawyer must be able to understand the policy, the policy

As the first case, if the counsel to understand the information, and even with the company manager communication, design scheme, I think the boss is willing to a part of the capital, and is willing to work with you to cooperation.

Some of the money is deliberately in some way on a certain class of enterprise "support", the money you do not earn, someone will make. Of course, such information young lawyers generally do not have access to, but not so don't care, opportunities are often shuttle in narrow channels

　　2Lawyers should be highly sensitive about all kinds of things to keep. As to be sensitive to reflect the appreciation of the renminbi will bring, what to what the enterprise, enterprises should be how to deal with. As an important speech in a central leadership of the important occasions can bring what influence to the development of regional economy, how to take action to adapt to this change, etc.

Thinking about this sensitive from lawyers, lawyers ardour for the cause

The lawyer risk

As a legal person, the lawyer has brought professional duties because of the risk of. From the nature of the risk, can be divided into security risk and liability risk:

Safety risk refers to the risk caused by practicing lawyer's personal safety. Generally include two categories:

The first is the risk from the private parties and other forces to the lawyer personal safety brings, this risk can be derived from the other party, also can from his lawyer client. As this year5Month29Evening, Chongqing Hong Ping law firm lawyers on behalf of the Yu talks to be rude the other party held for five hours, just go out and the steel pipe beaten, the car smashed; the lawyer was the other party illegal detention have heard the reports; the parties due to the result of case handling dissatisfaction vent on the lawyers and the the lawyer caused personal injury incidents are not uncommon.

The second category is from the national public authority to the lawyer personal safety threat. According to the fifth chairman of the all China Lawyers Association Gao Zongze lawyers said, only in the past two years the country will have12A lawyer by the court eventually acquitted, the risk of twelve lawyers in previous acquittal in liberty and security of the self-evident. According to statistics, there are nearly three hundred lawyers for a variety of reasons of personal freedom by the relevant organs of limit every year.

Risk of liability refers to the liability for fault of lawyers should undertake, generally include three types:

The first is the risk of criminal responsibility. Such as the Beijing lawyer Zhang Jianzhong sentenced to two years in order to help forge evidence; "criminal law" 306th and "Criminal Procedure Law" article thirty-eighth, has been hanging over China lawyer(Is not only a criminal defense attorney)Two head of the "sword of Damocles"".

The second category is the risk administration risk and industry self-discipline. Lawyers for the practicing of the non-standard behaviour, may be subject to judicial administrative organs and lawyers association penalty. Serious violations of the law by the judicial administrative organ may revoke license hit jobs, practicing anomie lawyers may also be condemned and punished by the Beijing Municipal Lawyers Association, was released to the public attorney for practice is not standardized and punishment "black list", to force industry self-discipline and social supervision.

The third category is civil risk. Lawyers for serious dereliction of duty caused losses to the parties concerned, shall bear the corresponding compensation liability. Such as Ka Wah law firm lawyers for dereliction of duty of due diligence leads to the one hundred million funds being cheated, was court ordered to return100Million legal fees and compensation800Million yuan.

From the risk perspective, the general has the following kinds:

First, from one's own party, such as the defendant in Xi'an were sentenced to death, the mother sued defense lawyers for the return of legal fees and compensation for mental damage solatium. In a sense, the most important is the lawyer's service object, is also the most "dangerous" enemies of lawyers. Because the lawyer is the representative of the interests of the parties themselves, but also make our client money. When conflict with each other to alleviate or ended, the contradiction between lawyer and client may become the main contradiction. So there is a joke said: the parties is that, after I do not know what is.

Second, from the other party. Even in the court of law by the other party and the relatives of the beating had not what news.

Third, from the judicial organs and other state organs.

Fourth, from the judicial administrative organs and self-discipline mechanism.

Fifth, from the public opinion of the media in particular. "Word of mouth" is the reputation and wealth of the law, social public opinion evaluation of lawyers and a lawyer will undoubtedly have an important impact on the legal profession and the specific law. As the public "information" and "breath" media "influence" and "power" is self-evident. In the "Zhao(Zhong Xiang)Rao(Ying)"Incident, reported by the media, not by the relevant attorney verified" revolt "and was beaten, the negative impact on the image of lawyers is self-evident.

Risk prevention

The legal risk prevention and control law, should from the following aspects:

First, through the practice of law, through the life of the social and political participation of lawyers, as part of a free intellectual ideas of democracy and the rule of law by lawyers, thought and knowledge popularization of democracy and the rule of law, promote the scientific legislation, supervision and administration according to law, promote judicial justice, to actively promote the construction of socialist democracy and the rule of law----The social status and the right to practice law depends on the process of democracy and law system.

Second, to speed up their growth law----Social evaluation on lawyers to lawyer's behavior. Here both promoting rational reflection and industry for the lawyer industry, including a lawyer growth; both the lawyer business ability, including lawyers, human spirit and social responsibility increased; both need a lawyer to strengthen risk prevention awareness, also need lawyers risk prevention ability; needs lawyers personal efforts to rights, also need a lawyer as an independent organization and group rights; not only to promote the development of the industry through the practice of law, institutional arrangements need industry and even the national power, to promote the development of lawyer industry, and promoting the construction of Harmonious Society of democracy and rule of law, process and human rights protection. The lawyer's rights should be protected.

Third, the establishment of the overall risk transfer mechanism, the most typical is the insurance company Lawyers liability and insurance. This work has been started at present, but how to improve and make people have a correct understanding of this system, there are a lot of work to do.

Fourth, law firms to establish risk prevention and control mechanism. This mechanism should include at least the following contents:

One, establish management system covering the entire process, management information to the full, supervision and management should be timely, such as the stage of market development in a timely manner to examine whether have the corresponding qualifications(Such as trademark agency)How to deal with the situation, found time to review; conflict of interest negotiation stage, attention should be paid to lawyers and law firms matters and skills commitment, contract review and risk disclosure to arrive; the case handling stage to issue discussion system, regular supervision and inspection system, etc..

Secondly, assessment and early warning mechanism, efforts to eliminate the accident in the bud and the initial stage. This requires communication, timely report, timely treatment.

Thirdly, set up the emergency plan. This plan should include the related authorities, the parties, the media, the general scheme, the measures to reduce the negative effects, including the specific measures.

Fifth, activist. Especially to give full play to the function of Lawyer Association, to strengthen the cooperation with the joint association. The rights to development through the case of promoting the legal rights protection mechanism, but also to the institutional study; should face carefully in the event occurs, the more should pay attention and action unremittingly; to safeguard the case of lawyers, more attention should be paid to the warning and guidance to other lawyers.

A month ago, very honored to received the Beijing City Bar Association lawyer activist working committee director Han Dejing lawyer's invitation, I wish I could join the new session of the association of lawyers rights committee. I accepted without hesitation, because I firmly believe that: the lawyers should pay close attention to He Hongde, Zhu Jiuhu, and perhaps their behavior has sounded the alarm for us, maybe they could suffer injustice and even by yesterday and today the illegal criminal prosecution, is each of our lawyers may suffer unfair treatment or even illegal the criminal prosecution tomorrow; the whole society should pay close attention to the risk and the fate of the lawyer, because the lawyer is spokesman for the social rationality of different sounds, is the representative of citizen's rights to restrict the public power's spokesman, status and experienced lawyer is a barometer of the most sensitive of the social democracy and the rule of law state.

The trouble of parties

A lawyer may encounter a variety of every hue, parties, some parties, it makes you feel helpless

Somewhere before living in the vicinity, rent a house, the landlord is the two teacher somewhere. Gradually familiar with, we still have a good relationship, keep in touch

Two days ago, the landlord has found me, let me do the agent, inquiry, that thing is this: the landlordA(female) another tenant armour, preached that he knew many people, and make themselves is the state agency confidential personnel, force can be sky, soAThe landlord entrust a for sth, commissioned by the total costNMillion, payN/2Million, after the matter to pay the otherN/2Million,

After a slow, not smooth run,AI don't know whether in the office, then, since there has been no news,ANo longer let a continue to handle, want to returnN/2A million, but for various reasons behind, no return. In desperation,AHusbandBAnd his sonCReport to the public security organs

After a detention, ready to submit the capture, at this stage,ACommissioned me, my official involved in the case

But the entrusted matters I accepted very strange:

　　1For theATo provide legal consultation and related to the case, provides a feasible scheme

　　2AgentATo carry out all aspects of communication.

To see this, you may wonder to the above two items, in factAThe core meaning is to let me think of a way to a free, how can we make a minimum punishment.

This requires us to be after operation to achieve

But the trouble is:

The case in the public security organs, have relatively ample evidence that constitute a crime of try every trick to mislead the public. In this case into the judicial process, the informant had lost control of the situation,ABut want to withdraw the report, so naive as to think that can be removed from the criminal responsibility of a criminal

More trouble is, no matter how you interpret this is not possible, she was in from all angles to achieve the above purpose, even more exasperating is, she would come up with a different doctrine and the reason, and then find you say, a lot of things already exceeded the legal category; every day she did not what other things, as long as there is an idea will find you, and her ideas most is absurd unacceptable, but I do not know how to answer

I also found that contact,AThinking, logical standpoint and so on in great confusion, you cannot use common sense to explain what

Thus, after accepting the entrustment, almost every day I have to accompany him to chat, seriously affect the normal work and life, is often the things one day hit a five or six phone. Sometimes the phone I want to scold. As the principal is a money losing business, low cost, many affairs, bad mood......

Feeling:

　　1Don't what cases are connected, not because of poor what cases are connected, in some cases is untouchable. Have students introduced me to a divorce case, looking for my wife after several contacts found wrong, in an older lawyer's advice, refused to entrust, or do not know what is going to happen

A lawyer should first learn how to protect themselves

In some cases would rather not do, does not reduce the standard -- including the income standard, case access standards etc..

The lawyer risk agency fees in general10%Above, usually in the20%Right and left, and some of the practice is to charge a small part, the rest in proportion to charge

One time, a client, according to10%Standard agent risk, but hold back give money, ask some old lawyer, suggested the study:

　　1This case is not easy),10%The low fees

　　2Future) this case does not know to want to have much to do, you must first pay part of the cost

　　3) don't care about the tens of thousands of money, you know, you will face the possibility is quite complex and long-term work

Will not accept a delegate such

In some cases the workload is very large, not lower fee standards, that is the dignity of law, and not simply a problem of food and clothing

 

Young lawyers introduction twenty-one

A. Note that the submission of the complaint and complaint must be signed or sealed by the parties.

Two. Try to put all the material of the same files in the same file bag, so as to avoid the omission of the power of attorney and law firms to the letter.

Three. You must sort out the timetable, to comprehend the whole case.

Four. In the complaint, the information listed in the original do not the phone number on the confirmation of the address for service, pay attention to in the lawyer's letter to write your contact number of practicing certificate (specialWhen the criminal case), so that the public security.Procuratorial.The judge to contact their own.

Six. All the 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, the meeting is best2Men with him, 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. Don't make a commitment to the parties or their family members! You have nine to hold, remember!

Eleven. When answering questions, said, do not be too specific. Only the part of the substantive issues to explain to the parties to listen, not to 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, practice law energy80%It is used to deal with his party.

Twelve. Don't believe all the parties concerned,The key problems and the case details, must look at the evidence.

Thirteen. Cross court information and communications liaison with the parties should have backup,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. Note and party 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. And don't get.

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)!