The lawyer Decameron

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  • / Author: Aaron Lewis
The first day: what constitutes a successful lawyer
Everyone came to this world, hope oneself can become a successful person, what is success? The answer is not the same.
America philosopher Earl Nightingale said: success is the progressive realization of worthy ideals.
Mrs. Curie: success is the future into a dream, and then turn the dream into reality.
Xinhua Industrial Group Limited by Share Ltd President Tang Jun entitled "my success can be replicated" speech at Southeast University: the so-called success, not to say that you have much wealth, have more dazzling aura, or have a high position, the surface of the achievements and envy glory is one of successful mark, but in my opinion, the true meaning of success, and who are able to constantly go beyond the self, changing the self, they have to be solid, profound success.
A lawyer for many years, the author and like many lawyers, want to be a successful lawyer, lawyer, what is success?
Longtime Y lawyer says to the author: lawyers earn more successful.
Guangdong Zhuo construction firm Qiu Xuyu lawyers put forward: when a lawyer occupation become the cause, by undertaking a mission, even if it is successful! Occupation is a way of life and survival, solve the problem himself and family; business is the salt of life based on their achievements, the achievements of others; mission is life home to return to, the lawyer as communication of thought and the mission of truth!
The author thinks, successful lawyer has three points:
A, business income is an important indicator to measure the success of a lawyer, but is not the only standard. A successful lawyer, its business income should come out in front in the local.
Two, if undertake legal aid cases, whether to participate in social welfare activities, is a specific condition lawyer's success.
Three, the size of the China legal construction contribution, is a necessary condition for a successful lawyer qualification.
The second day: "lawyers find rice"
As the saying goes "one cannot make bricks without straw", for lawyers, the source of lawyers is meters, high level to the lawyer, if there is no case to do, also is in the legal profession to survive, not to say what contributions are made to Chinese method.
In 1993, Chinese lawyers are legal workers enjoy national, civil servants, to receive a fixed salary, then few lawyers, cases, and dry do more less alike, so, when the law does not need to "find rice", not "find rice", they are "await urgently necessary condition".
After 1993, carried out a major reform China lawyer system, change the public servant of the state for social and legal services, from civil servants, the state no longer for a lawyer to pay wages, lawyers have to "find the rice pot". For case, "to find rice" has become the primary problem to solve many of today's China lawyer.
How to "find rice"? Chinese lawyer wisdom has been most incisive play, can be described as "The Eight Immortals Crossing the Sea, each shows special prowess", to find the relationship between, lectures, advertising, website construction...... The lawyer marketing is particularly sought after young lawyer.
For lawyers to carry out marketing, "looking for rice pot", the lawyer industry, produced a different sound.
President of the National Lawyers Association Yu Ning pointed out: "don't let the lawyers find rice", the lawyer is a highly skilled occupation, need to keep learning, training and promotion. If the doctor to pull Shangjie doctor every day, so his medicine can improve?
Beijing hanzhuo law firm lawyers very respected lawyer marketing. "Marketing is a lawyer at all, in the first place, the lawyer can even take a year or even longer time devoted to learning the law of marketing." Kai lawyer group Beijing firm Duan Jianguo lawyers also believe that, "the lawyer marketing at any time, lawyer marketing there is." Guangdong Zhuo construction firm Qiu Xuyu lawyers is issued such a voice: "Chinese lawyers will enter a comprehensive marketing competition stage."
The author thinks: Lawyer jobs created by ourselves, "await urgently necessary condition" era has gone for ever, want to eat goes to the market to find rice, can have the ability to eat, not eat less, this is a market economy. So, "to find rice", is the ability to every lawyer must have, as long as it is to use legal means to find the "m", should be to encourage and support.
The third day: let some lawyers return system
Chinese lawyers in the system, has been 18 years, the status of mixed, as part of a lawyer to get rich first, as part of a lawyer reluctantly left the team of lawyers, most lawyers insist on.
The Chinese lawyers launched system is appropriate, questionable. China is a socialist country Chinese characteristics, the legal system also should have the characteristics of China Chinese, not like in the west, the lawyer as a free occupation, lawyers are forced to market.
November 22, 2010 to 23, the National Lawyers Work Conference held in Beijing. Meeting, the Ministry of justice "on Further Strengthening and improving the lawyers work opinions" put forward: to strengthen the selection of outstanding lawyers use of talents, actively implement the lawyer talents selection policy, coordination and actively communicate with related departments, the selection of outstanding lawyers as the National People's Congress on behalf of, members of the CPPCC, recommend excellent lawyer members for delegates, encourage excellent lawyers in the party and government organs through open selection, recruitment examination of civil servants and other means, to facilitate the implementation of related work selection of judges, prosecutors from lawyers.
Let a part of excellent lawyers returned to the system, is an important Chinese lawyer system reform is underway, by the majority of lawyers and popular support.
The author thinks: China lawyers can implement a dual track system, as part of a lawyer in the system, the other part of law within the system, under certain conditions, the lawyer can flow. Both within the system and outside the system of lawyer, lawyer, is China socialism legal workers.
The fourth day: a lawyer is not the most beautiful occupation
In May 20, 2011, "the excellent lawyer occupation survey said" most beautiful "ranked fourth in the" civil servants revealed in the "Nanfang Daily": first, an occupation talented or not, is favored by people, what is the standard? A network survey, social status and income is the evaluation of occupation talented or not popular benchmark, in those eyes, the most beautiful occupation is a lawyer, because "the highest level of civil servants occupation", ranking fourth.
After the article was published, by many media have reproduced the favor.
As a practicing lawyer, read the article, but do not have a taste in the heart.
The lawyer is the most beautiful occupation? The answer is no..
According to the survey, Xi'an 28.4% young lawyers a year. Less than 5 pieces, 70% of young lawyers in recent three years, the annual income of less than 30000 yuan. On social security, there are 24% young lawyers enjoy social insurance, nearly half of them to buy their own, really enjoy the welfare law firm lawyers accounted for only 12.9% of the total.
You will let their children be a lawyer? Shenzhen lawyer Zhang Xingbin to make a survey on the side of the peer, whether do good, general, "they say: sure, certain, and will not let their children to practice as a lawyer, I will not let them learn law major".
The fifth day: the lawyer is "forced out"
The lawyer looks very beautiful, actually a lot of law into the law circle, not the real intention, as it cannot be helped, is forced out.
At present, the lawyers law school graduates as the preferred occupation ratio is not high. Renmin University of China law school dean Han Dayuan revealed: the National People's Congress law school graduates of 2010 only 16% choice of lawyer as occupation. The Law School of the China University of Political Science and Law, a Senior introduction: there are 39 students in the graduating class of her, 11 people have been identified to graduate school, two people took the national civil service exam, one is the law firm internship, other in preparation for the Beijing civil service examination, or seek bank, enterprise work. Visible, the vast majority of law graduates, only not research, when not judges and prosecutors, not into the civil service team situation, will choose as a lawyer.
The lawyer team, some have done judges, prosecutors, civil servants. They chose to be a lawyer, the reason is very complex, or not in the habit of life within the system, or official or, or income is not satisfactory, often after a fierce ideological struggle after a long time, hold try attitude, set foot on the road of lawyers.
The author contact law, there are many from the middle school teacher turned to be a lawyer. In that and they chat: Middle School Teachers' workload, high pressure, low treatment. In order to change the status quo, they studied law at work,, participates in the judicial test, once through the judicial examination, give up everything, start again. I often think: if they pay to the high point, is not to be a lawyer.
Someone says, the lawyer is made; however the author thinks, the lawyer is forced out. Of course, I do not deny that, indeed some lawyers are born like this industry.
The sixth day: don't let the young lawyer's tears
Young lawyers refers to lawyers under the age of thirty-five, in 200000 of the National Lawyers, accounts for about 50% of young lawyers. Young lawyers are the hope and future Chinese lawyer, is the basic power of attorney the profession development, firm and stable operation of the. At present, the situation is not optimistic young lawyers.
Young lawyers predicament, has caused great concern in the legal profession. In August 2, 2007, the first national for young lawyers groups to set up AIDS type special loan project was born in Shanghai City, the Shanghai Municipal Lawyers Association, and Chinese bank Shanghai branch signed a "memorandum of law of personal credit revolving loan business cooperation". Apply for a loan of Shanghai young lawyers will sign the personal credit revolving loan agreement with Chinese bank, enjoy the first start, after owing on the loan growth pattern. The maximum loan amount is 500000 yuan, the longest duration of the loan for a year, without any real estate or real guarantee, only lawyers credit can be.
Shanghai Lvxie for young lawyers personal contribution to the implementation of "two half free" policy; organize annual New Lawyers in Qingpu lawyer training base training for two weeks; the establishment of special funds in the budget to support the dues, young lawyers; and 10 Oriental lawyer jointly set up 200000 yuan "young lawyers Talent Award fund".
In 2009 December, held in Hainan Sanya six southern provinces (area) lawyers forum, participants initiative: pay more attention to solve the problems of growth and development of young lawyers question; further support the growth and development of young lawyer system construction; further improve young lawyers working environment; to unite the majority of young lawyers, vigorously foster youth the lawyer unremitting self-improvement, the enterprising spirit; to guide them to understand the duties, strengthen, firm the confidence; to guide them based on the present, hard practice; to guide them to look to the future, devoting to the society, to strive for the ideal.
But in some places, young lawyers still faces many problems, so that their tears in the "flying".
A I know a year ago to practice law, during my internship in law firms, A no basic salary, salary according to the case of the 28% Commission, the average monthly wage is about 2000 yuan. He told me, the monthly rent 300 yuan, mobile phone fee 200 yuan, 600 yuan meals, transportation costs 200 yuan, 200 yuan at the end of the social security fee, there is not much. This year, A students internship, because of its accounts in the field, unable to handle the lawyer's license. A is now in order to account migration rack sth..
In the face of the A students, I can only comfort him, perhaps in the near future, everything will be ok.
The seventh day: Gossip lawyer personal ads
Since twenty-first Century, in order to expand the source, improve visibility, China lawyers more and more, began to use newspapers, journals, TV, radio, websites and other media, publishing lawyer personal ads. The lawyer personal ads, the author is concerned, the individual lawyers can do advertising and how to standardize the individual lawyers advertisement these two issues, talk about personal views.
The individual lawyers can do advertising? In this regard, the existence of different views.
The first view: the individual lawyers can not do advertising.
According to the "Beijing city law firm advertising management approach" the provisions of article third: law firm is the only subject of advertisement, the individual lawyers not advertising.
In July 7, 2006, Zhongshan City Bar Association issued "Zhongshan city law firms and lawyers publicity behavior standard", the standard sixth clearly stipulates: "get when the annual examination and registration law firm may transfer legal service information available to the public by way of advertising in the city. The individual lawyers shall publish the advertisement."
The second view: the individual lawyers can advertise.
In March 20, 2004, standardize the behavior of a lawyer's practice of the all China Lawyers Association's "(for Trial Implementation)" the 125th stipulation: "lawyer advertising can be issued in the name of the individual lawyers, can also be issued in the name of law firm. Issued by the lawyer personal lawyer advertising shall indicate the name of individual lawyer practicing institutions."
In April 25, 2007, the Shanghai commerce and Industry Bureau issued "notice" on the strengthening of the advertising law service review, "notice" to allow society lawyer advertising law service, but does not allow public lawyer, union public service lawyers, grassroots legal service workers to the society issued in the name of lawyer "advertising service lawyer".
I agree with the second opinion, the reason is:
1 China lawyers are obtained a lawyer's practice certificate according to law, authorized or designated, to provide legal services for a client practitioners, would no longer be civil servants, as the market of legal services, legal services, competition is becoming increasingly fierce, the lawyer in order to survive and develop in the legal service market, enhance their visibility, and set up a good image, better access to their own interests, choose to advertise in the media, is necessary, is to adapt to the market economy.
2 "advertisement law of the people's Republic", "lawyer law" and the justice department regulations on lawyers were not personally advertising to make provisions, thus the legal terms, individual lawyer advertising is allowed by law.
In view of law is different from other pure commercial industry, lawyers bear "maintain the legitimate rights and interests, maintain the correct enforcement of law, and maintain the social fairness and justice" duties, it is special, be therefore, more stringent regulations and restrictions on lawyers issued a personal ad is necessary. The specification of the individual lawyers from the following two aspects of advertising:
1 individual lawyer advertising subject qualification
(1) must be the social lawyers, corporate counsel, public service lawyers, lawyers can not release personal ads troops;
(2) through the annual registration;
(3) was not affected by the suspension of business disposal.
2 individual lawyer advertising content
(1) the advertisement law services shall comply with the relevant provisions "advertisement law" and "law", the lawyer service range should be "propaganda law" provisions shall prevail, not false or improper propaganda through advertisement, not inconsistent with the law service project.
(2) the individual lawyers advertising content shall be limited to the lawyer's name, age, gender, portrait, diploma, degree, lawyer license number, the name of the law firm, in the law firm working hours, fees, contact method, as well as the legal service business scope.
(3) the individual lawyers advertisement shall be distinguishable, ought to be able to let the public know lawyer personal ads.
(4) the lawyer advertising, shall include the following contents or form:
① are inconsistent with the actual statement or publicity for lawyers;
② introduce lawyers have obtained has nothing to do with the lawyer occupation honor, title, social part-time;
The express or the close relationship that lawyers and judicial organ or administrative organ;
The depreciation or defame other law firms and lawyers;
The mention of this law or in the success rate;
We make commitment to action results in favor of;
The right to use not asserting, "most", "excellent", "well known", "qualified" and other words;
We claim no charge (except for legal aid cases) or under other law firms and lawyers;
I didn't get the customer's prior consent, mention the customer name or business matters;
The use of commercial advertising language;
The television or radio audio-visual advertising;
The news interview content advertising.
The eighth day: lawyers also need brokers
Brokers, means in accordance with the provisions of relevant laws and regulations, provide brokering information or acts as an intermediary and for individual or organization. In our country, with the development of China characteristic socialist market economy, more and more people into life insurance agents, brokers, real estate brokers, securities brokers, star brokers, already widely known, agricultural product broker, broker, agent, network writer patent agent and other emerging brokers have attracted much attention and welcome.
With the legal services industry competition intensifies, in China's economically developed areas, there are some special cases for the lawyer to provide people, these people widely, communication in the local information, recommend the parties they will need legal services to the lawyer, after the matter, the Commission according to a certain proportion of agency fees. In fact, these people is the attorney agent.
At present, the broker to provide case law, and have no legal status. Our country "lawyer law" the twenty-sixth regulation, law firms and lawyers shall not pay the fee by unfair means such as contract business. Therefore, it is not open to lawyer agent state.
The author thinks: the law banning law firms and lawyers contract business to bribe means, but should be allowed to law firms and lawyers for lawyers to provide the source for the Commission to brokers and agents. Because these people in order to provide the source to the law to pay the labor, but also saves a lot of effort into law, should be paid accordingly.
The ninth day: on Chinese lawyer depression
Depression, is the world's largest mental diseases, the main symptoms: insomnia, depressed mood and interest disappear, unwarranted from sin era, lose confidence. At present, the whole world depression in patients with more than 250000000 people, including China number has reached 26000000.
Whether in foreign countries, or in the China, lawyers are the population susceptible to depression.
In January 6, 2008, USA "New York Times" reported: on average, there are nearly 1 / 5 of the turnover America law firm every year, about 20% lawyers will suffer from depression in the occupation career of torture.
In April 30, 2009, the harsh reality America Kilpatrick senior lawyer Mark Levy was fired because of unable to face and embarked on the road of Dutch act. A week later, USA Simpson thacher also admits, a lawyer for the firm because they fired choose to take the road. According to reports, the two lawyers are depression, often taking antidepressants.
In Chinese, lawyers working under a lot of pressure, in the 200000 China lawyer, how many lawyers with depression? There is no specific figure, no one research. If the depression Chinese population in the incidence of 3%~5%, Chinese 6000 to 10000 lawyers with depression.
Guo Jianmei is Chinese first full-time public interest lawyer, director of Beijing Zhongze women's legal advisory service center. From 2001 to 2002, because she is keen to public welfare undertakings, misunderstood, under great pressure, often tears, pain reached a critical point. Relatives and friends persuade her to the hospital for treatment, the doctor diagnosed: moderate depression, severe anxiety.
In August 3, 2008, a successful Beijing lawyer Luo Qiong posted a "I, depression in Sina blog? "One article, said: always thought, I still belong to the state of mind is positive and open minded, more open and inclusive, nature is happy and romantic. So I, should be very bright sunshine is so sweet. But now I feel terrible, but often very depressed, and even heart felt heavy with powerlessness....... I had don't love cry, but for their own ignorance that maternal diabetes complications delayed treatment of remorse, often a nightmare of tears. I've always the case to achieve the ultimate perfection, but now because of cases do not go well and eat sleep feel depressed, almost lost the lawyer as a lifelong occupation confidence.
Therefore, lawyer Luo Qiong to Peking University Hospital for treatment, the doctor diagnosed as moderate anxiety and depression, and opened the Zoloft tablet (Sertraline Hydrochloride Tablets) and ativan (Lorazepam tablets).
In 2001, because of work reasons, I suffered from depression, insomnia for months, all night, during the day can not sleep, the doctor prescribed stability to me, but I have still can not sleep, so the body is very weak, often sweating, loss of confidence in the future. I consult the experts know, depression is a disease, must adjust their mentality, to heal. So, I made a great choice, south Guangdong, in a new place, to start my career as a lawyer. A year later, my depression disease completely healed.
The lawyer is a competitive occupation, no fixed salary, no social security, no higher social status, every day for a living, whether it is a senior lawyer, or just for young lawyers, will feel the invisible pressure and anxiety. Therefore, as a lawyer, in peacetime should pay special attention to their psychological health, lower your expectations, take an active part in physical exercise, often traveling, prevent depression disease. Whenever you find your symptoms of depression, don't be afraid, should take the initiative to the hospital for treatment, treatment of psychological doctor, through a variety of comprehensive treatment, depression will no longer exist.
The tenth day: honest lawyer
In the eyes of some people, lawyers, extensive communication, many friends, will engage in relations, very smooth, money, good at drilling legal loopholes, "honest" are difficult to contact a lawyer together. If someone says the lawyer is honest, like disguised to tell others, the lawyers don't earn much, will not work.
In China lawyers, there are indeed some dishonest lawyer. Hu Yanyu lawyer Gan others do the lover, the lover's help, only a single case is the collection of fees 40000000 yuan, fame, unlimited scenery, but good times don't last long, appeared in cell. Hou Jie lawyers acting for a kind of criminal cases, he collected 2500000 lawyers fees, to the police responsible for the huge bribes, in exchange for police's transfer of "minor criminal plot". The police accepted bribes the responsible person was caught in a storm, and soon made out of colored briber, Hou Jie also arrested.
A lesson, the teacher of the car after the. As a lawyer, or behave as well.
Honest lawyers, never to the bet, but can take the fact as the basis, take the law as the criterion, try to safeguard the legitimate rights and interests of the parties.
Honest lawyers, no relationship, no bribes, not collection activity funds to the party.
Honest lawyers, not to take the case, the charge is reasonable, the invoice.
Honest lawyers, never day riches, but most of them make a few years later, we can live a comfortable life.
Honest lawyers, sleep is very pragmatic, heart is Ann, do lawyers have long point.