Present, China's lawyers

1, the basic situation of China's lawyer

At present around 140000 people registered lawyers, law firms more than 1, average every 9000 people have a lawyer, of which Beijing is a lawyer with every 1300 people, Shanghai is a lawyer with every 1800 people, and America New York is a lawyer with every 200 people.

From the geographical distribution of lawyers, unbalanced development. Guangdong, Beijing lawyers million people, about the National Lawyers for 17% of the total, and in Qinghai Province, only more than 400 lawyers, only a lawyer individual areas.

The lawyer annually for business generally around 9000000, business income of about 9000000000 lawyers, per capita income in 70000 yuan, the average charge per thousand yuan, but about 7000000000 were 20% lawyers have, the remaining 2000000000 are composed of 80% lawyers to segmentation, attorney receives the serious "inequality between the rich and the poor". But the lawyer year income still exist differences, serious area of Beijing is the highest, the lawyer's per capita income reached 260000 yuan, Shanghai in about 200000, 70000 yuan in Jiangsu and Zhejiang, Guangdong is controlled in 50000 yuan, while the average years in some western provinces lawyer income is only 5000 yuan left and right, or even less, the gap in more than ten times or even tens of times. (two eight law

Whether it is practicing the total number of the proportion of the population, and the proportion of higher education, foreign language talents lawyers in proportion, as well as the big firms accounted for the proportion of the total number of law firm lawyers, the Midwest and eastern developed area law is cannot be mentioned in the same breath. Especially in the East and Midwest economic imbalance leads directly to the lawyer income gap, and that gap may not have changed significantly in the short term, this is the fact that does not dispute. Because of the enormous contrast the development of eastern and Western lawyers, lawyers in the central and western regions is being transferred to the East, this transfer is subject to the law of talent flow in a sense.

Therefore, the above point of view, from the individual survival and interests, development environment of Beijing, Guangdong, Shanghai and other developed areas of the lawyers best, also most conducive to personal development. Of course, we can not just look at the average figure that the lawyer industry situation is excellent. The lawyer's industry strength gap, a prominent barrister annual income of millions, tens of millions have, but there are many lawyers are tired of living, income but million, and some even without the money to pay the annual dues were forced to change jobs. Just for the budding lawyers, can only get a monthly salary of less than 1000 yuan, and work every day very hard, remove all necessities of life consumption There is not much left., more important is the psychological bear great pressure. Although signs of success is not money, but for lawyers, the evaluation standard is the most powerful income. Therefore, the judicial organ for most just out of school students had considerable appeal, but the lawyer occupation with high degree of freedom, can maximize their potential and display their own advantages and characteristics, like challenges for the spirit of the people is a huge attraction.

Our lawyer's political role in improving, basically all around have lawyers to NPC deputies and CPPCC members, the recent central Congress of the Communist Party in three lawyers representing the Xi Jinping, the Standing Committee of the political bureau is studying law

Of course, and USA countries or can not be compared, in America history, served as president of the 42 there were 21 lawyers, drafting American constitution of the 55 sages, 30 is a lawyer. 39 people signed the America constitution finally text in 24 is a lawyer. In USA the house and Senate, 1/3 members have been engaged in the work of lawyers.

Characteristics of 2, business litigation

In fact, at present our country's lawyers, completely only for litigation or non litigation lawyers almost does not exist, but some lawyers daily business to litigation, some with non litigation.

When it comes to the lawyer, I will immediately associate it with the Hongkong film who dressed in black, wearing a sheepskin wig, off the reel to state their views on defense as a table in the courts in the past when. Indeed, people first thought on lawyers from their participation in the court by a clear image, wisdom of thinking, eloquent began. Defend the legal justice, fairness and rights cannot do without litigation, and, to: "Lun" partners for a divorce case for illustration, I think the overall requirement of the lawyer's business is higher than that of non litigation lawyer,

A business litigation attorney have higher quality. (7 aspects

1). First of all to have a good image, to provide legal services lawyers as a knowledge class, whether in or out of court must enforce the law. The lawyer in court or out of court usually require clean clothes, in Western dress and leather shoes. The first time I do case on TV when the situation, I dress very casual, later on I went to court judges in the court case, said to me, say I don't like lawyers, has great influence on me

2). To have the profound legal theory and rich practice experience, this is the fundamental law of the. Legal subject noble and broad and profound, only with a solid theory as a backup to, with rich experience, do a job with skill and ease to law applies to.

3). To have the ability of logical thinking and judging ability good, analysis, have all kinds of connections with perplexing case, find out the favorable and evidence and debate their.

4). Good communication skills, able to express their knowledge, to measure a good lawyer standard, is highly dependent on his eloquence, whether in the court, off the reel expressed his view, whether with the prosecutor, lawyer against each other, can arouse the whole court resonance.

5). To have to withstand the pressure of psychological quality, the lawyer in the litigation to suffer from various parties, witnesses, courts, prosecutors and other pressure.

6). Next we should have the concept of time, a lawyer working time with the judicial organs of the state, in order to ensure the accuracy of the work.

7). Acute reaction, quickly, because the trial against a very strong, the judge will not wait you to slowly think

So, to engage in litigation lawyer's quality test is extremely strict. And engage in non litigation business is not the same, to solve a common non litigation business such as review the contract, a common law undergraduates can cope with, only in accordance with the law in the analysis of written material. An experienced lawyer is non litigation cases have the ability to handle any depth, and non litigation lawyer may not be able to do a difficult case, because of the lack of practical experience, especially in the trial court, because there is no experience against, difficult and prosecutors, the opposing counsel against, it is difficult to express their point of view, one can imagine the results. So, many lawyers for fear of litigation and the choice of escape in litigation.

Development prospect of B litigation

I think, litigation is the leading lawyers. Although the lawyer lawsuit total income, accounted for only 40%, but in the traditional business litigation, there are a lot of opportunities and potential. The analysis of this clumsy words:

First of all, at this stage, there are a large number of civil cases, such as marriage, labor cases, the parties did not hire a lawyer. In many cases only by the parties to participate in, but because the parties are not familiar with the law, the legitimate rights and interests are not adequately protected, with the awareness of the law and the economic level improved, with the lawyer plays a more and more important role in the proceedings, parties in litigation, willing to hire legal talents professional -- lawyers to participate in litigation, to enjoy its provide high quality legal services. ( I give market examples)

The factors considered in the litigation costs and so on, a considerable part of the lawsuit is the market economy legal adviser, staff and other non legal service personnel are divided, with the lawyers system strictly, improve the overall quality of lawyers, service level and skills, competition, reasonable fees, the lawyers will gradually to the high level, low cost to suit market.

Risk agency civil, economic cases matures, largely promote the litigation business volume growth, increase the agency fee.

With the increasing attention and protection of human rights consciousness, law in handling criminal cases of attitude will gradually become active, criminal defense charged with defending supreme life rights and free rights responsibility, enhance the defense lawyer, lawyer can improve fully in the handling of criminal cases by charging, and the negotiation, a major criminal case charging less to issue a legal opinion for the listing Corporation in non litigation business charges.

With the development of the national legal construction, supervision of the state machine and the protection of vulnerable individuals increased administrative cases, especially in cases of state compensation increase, will further expand the business market action.

C litigation business advantages

1). Litigation practice tests and training lawyers practice level, each case is a complete and independent works, also easy to find the sense of achievement, from the collection of evidence, the prosecution to the court to execute, the workload is very large, each case is a test of the lawyer, in handling in the case of every hue, actual combat experience, practicing skills in the increased accumulation. Thus increasing the lawyer business competitive advantage.

2). To improve the visibility of lawyers, lawsuit especially criminal lawsuit easily known, represented a large case can quickly be lawyers to the market, raise public awareness. The most well-known in the history, the most admired lawyers are counsel. lawyers such as Tian Wenchang, Shanghai this year's ten Oriental bar most famous for litigation.

3). Their lawyers will handle a case, to withstand the pressure from all sides, to cultivate strong willpower.

4). Can bring substantial economic returns, high visibility, "the source", the business is good, the natural fat fees.

Two, the lawyer's self development

1, practice lawyers started

Obtain judicial qualification certificate, need to pay a lot of hard work and sweat. Have a lot of friends that judicial qualification examination is "the best in all the land of the difficulty of test", also have a lot of friends from the review to the exam qualification is "a nightmare experience". A test is said to do, very interesting. I know this exam - including former lawyer qualification examination, has not been easy, but did not expect will be the examinee deduction so difficult.

The more interesting in the back, that is: the first step is to practice law is "the best in all the land, to" obtain judicial qualification, as a trainee solicitor will also be "a nightmare experience".

Is the problem: to participate in judicial examination is the system of organization, can improve and targeted for learning, and even can find out the regularity of things. But after the qualified lawyers practice, but can only rely on their own blindly for law firms to achieve.

How to help the trainee lawyer occupation, grasp the characteristics and lay a solid foundation for the occupation, law firms, it is not necessary to have obligations. Specific to which lawyers, there is no argument.

Then, combining the theory and practice of lawyers, learn in order to practise, almost all on my own; to have a lawyer to "mentoring", just because there is good luck, this practice cruelty is pure theory exam incomparable.

The same law practice environment, some practice found a lawyer, during the internship accumulated experience, laid the foundation of his career as a lawyer. We heard often: some people are born to be a lawyer materials.

I think the successful practice of lawyers, not talent, born good material is a lawyer. The lawyer occupation is a kind of technology, like any other technology, this technology can be to master through self-study and practice.

1), began to practice law

You passed the judicial examination, you are a winner, you have made the stage goal victory. But I hope you as soon as possible a stable state of mind, because everything is just beginning.

If you still lingering in the stable work, satisfaction of welfare, please go on with your life. The lawyer occupation although there are "time freedom, freedom of wealth" temptation, but the industry is like a wild horse, a strong challenge. Time, many people jumped into the saddle only imagine, without riding techniques. The horse ran, may fall from the saddle. You don't have enough determination, no "time is very tight, wealth is far away" attitude, abandon the work, to do a lawyer, eventually ended in failure.

2), looking for his teacher

Judicial qualification is not enough, only by standing on the shoulders of giants, we can more high. Entering an industry, you need a teacher's help, the best is the most major suit this industry lawyer. But you will soon find out the major suit, the lawyer was so busy, he would not have enough time to give you guidance. Have nothing to do every day of lawyers, it may not give you what help.

In such a familiar and unfamiliar areas, you will not find answers and distress. Some blame the society and others, more and more non objective, while ignoring the self transcending. Always hope for others, had their own answer: if you can not find the "teacher", they can teach their.

3), in the face of distress, endure loneliness

You have very high academic qualifications, you are versatile, you thought practice lawyer, will try. Can you find: waiting for you is no applause, people seem to ignore your existence, you rich and colorful past, if not interested at all.

During the internship may not a penny, you do not reflect personal value. I have an old lawyer for you, is your typing, do some boy. Do you think the old lawyer understanding of law is so poor, said, it is written by the legal person's shame, but their high income. Can you in addition to bemoan the "do not know" parties, also do not have what way, so the old lawyer living a life of ease and leisure, you can only swim Zai Zai swim.

4), know yourself

A lot of practice lawyer, easy to be lost in the hit, then you should timely understand myself, to adjust the work, you should make clear what is lawyer? How long do you think, you can really enter the lawyer? Do you think what occupation you more than a lawyer occupation the temptation advantage? Do you think your lawyer is what? Your negative others on how you evaluate you to others? negative evaluation, will you

5), practice law study:

(1), listen to the court: the court procedures have a concept, familiar with the environment, advantages and disadvantages of both sides of the plea;

(2), see: case has to learn which deal with the focus of controversy, pending cases should formulate implementation plans, work leisure time so;

(3), the laws and regulations and related interdisciplinary learning: evidence science, logic, forensic science etc.;

The end of this phase is about to make another three kinds of learning:

(1), and the old law of common agency, do auxiliary work case;

(2), and the old law of common agency, mainly do the work of the organization case;

(3 cases), independent organization, old lawyers to attend.

2, the new law to grow five tips

Based on my own experience in lawyer summed up the experience not worth mentioning, say it is for reference only, of course, also hope to inspire you.

The lawyer growth first basic tips: communication and communication

Man is the animal communication and communication are all the occupation, the need of communication, and the lawyer occupation is the need to communicate with the communication of the occupation. The parties understand and communication can received the case, know and judicial communication can run the case, know how to communicate with various social relations can almost do anything.

As a lawyer, how to succeed the communication effect? How to dig your communication market?

First of all, to know how to carefully observe and study those will communicative person is how to communicate, do not miss any he had once person, through the communication, perhaps in the future, he will become your potential customers.

Secondly, the lawyer should be good at using the relatives and friends of the communication function, so that we can create a communicative effect, a layer of a layer of expanded. At the same time, for their relatives and friends to help, the other party that you have the ability to ask for your help, is definitely for you. What if something that won't help, no one will find you, then you will gradually be forgotten. Finally, don't underestimate the power of each person, you have to learn in different occasions and different communicating with strangers. If you and the person in respect of any matter all can communicate, so you should have no problem when the lawyer.

The lawyer to grow second basic tips: take the case to grasp the psychology of parties

Keep looking party is the result of combining ability of communication and charm. The general to find a lawyer to know more, let oneself more at the end of the heart a little, so in answer to the question we must seize his psychological rather than be his nose, can let him get what he wanted to get the answer and let his heart to establish trust in you, then you half the battle.

From experience, you should say his heart, he wanted to express is not clearly express the meaning of the simple expression, but also to your opinion about, your handling of the steps that give him a reference. Not to the parties as a guarantee, not even put special circumstances may arise that. Don't be vague expression, to eliminate his doubts, let him do know the score, when he asked you to collect many lawyers time-consuming, you have already succeeded in sight.

According to my experience, many cases, fees and charges to be high but can make the trust you more. Don't pity parties pocket, remember the "enemy" on their own kind is cruel. Fee scale easy to say but in practice but not good grasp, because this is in reference to their psychological quality, if you hold down the price that you are hungry, you can not receive the high cost, but is likely to lose to the mouth of the Food. So in the case, should pay attention to the heart mind: no good cheap goods, the goods is not cheap.

The lawyer to grow third basic tips: to improve their writing level, in a responsible and serious, cordial, enthusiastic attitude to retain customers

In the fierce competition in the market economy era, service attitude is also a factor to win in the competition.

In addition to serious attitude, ability is also a key to retain customers. Do not think that the party is a fool, your every act and every move all serious work in the eyes of the parties,, there will have to pay a return, well, the parties is your sign.

The lawyer to grow fourth basic tips: hearing skills should pay attention to the rationality and logic

Lawyers can directly reflect the level of the court, is good is bad began to see, some lawyers in court and say no organization, no agent opinion view, not according to, no logic, repeatedly, a lot of nonsense, off the reel. Let the judge listened impatiently, clerk not concluded, for the parties to listen to the big head, the opposing counsel to hate cannot let him seal.

I think the talk is about ideas and logically, the focus of the best grasp the court debate, the focus is divided into one or two, three points clear, and not the East West a Tim added, such as divorce, view is nothing more than three: feelings, child support and property partition problem, as long as this the three problem clearly on the line, so the judge to understand, the clerk or record.

The lawyer to grow fifth basic tips: remember, the lawyer is the greatest enemy of his own party

Remember, the greatest enemy is not the law, the other party or the other lawyer, but his own party, so the treatment of counsel in party relations is very important, some lawyers to help the parties win the lawsuit against the decline of the parties, some lawyers have lost the lawsuit, but the parties or understand the lawyer is done careful preparation, the responsibility is not in the law, the lawyer is not to blame.

3, how to from a practising lawyer to major suit law

Because I want to be just a major suit lawyers lawyers, so I do not have the experience to share, only from my side of the major suit lawyers observation, analysis, summary.

So what is the major suit lawyers? Major suit lawyers shall have what quality? I think the major suit, lawyers shall have the following conditions:

I think mainly expresses in four aspects: the professional skills, social influence, social awareness, management ability. Specifically in the following aspects

First, major suit law being successful, with a wide range of influence, cohesion and appeal in the industry, praise and acclaim by government agencies, the media, the parties and their peers.

Second major suit, the lawyer finished early primitive accumulation of capital, has the rich practice experience, unique personality charm and rich life experience, received regular, solid and the system of legal education, with strong economic strength and good education background.

Third, is not only the major suit lawyers or jurists, pundits, widely recognized and respected. The lawyer is not only to solve the application of the law, the greater is the social problems, as the case is highly

Fourth major suit, a lawyer too big case or social impact case, great wisdom, great courage, great thought.

Fifth major suit, the lawyer is "leading lawyer carrier", keen insight and deep sense of the legal profession.

Sixth major suit, lawyers often accepts the media interview, make timely comments on a number of major cases, cases.

Seventh major suit lawyers, dare to use, dare to innovate, dare to explore, dare to make decision.

Eighth, major suit lawyers have business, management, unity, and call people's ability and courage, faith, with clear goals, cooperation spirit, have a sense of crisis, business acumen, have the diplomatic skills.

Ninth major suit, lawyer dares to accept the challenge, actively nurture talent, have a strong sense of social responsibility and the collective sense of honor, to form a "lawyer carrier" confidence and determination, has heavy responsibilities of the courage and insight, have bigger and stronger, long, good vision and ready

To become a major suit lawyers will generally experience "five leaps".

The first step: from the assistant lawyers to practice law leap (qualitative change)

The lawyer assistant and not a lawyer, but to assist the lawyers engaged in auxiliary legal affairs officer. The lawyer according to their own needs, hire a good character, can bear hardships and stand hard work and a certain legal expertise, as his assistant, sharing their work.

The lawyer assistant's work is very complicated, very hard, very busy, but very substantial. To fulfill his dream, "lawyer" lawyer assistants to quietly pay, and bear the enormous economic pressure and psychological pressure.

Assistant attorney general is about to graduate or just graduated from law school, or interested in a career as a lawyer in non legal professionals.

The strict sense of the trainee solicitor, is refers through the national judicial examination, obtain occupation certificate in laws, and the practice in a lawyer's staff. The trainee solicitor to full-time (or part-time) lawyers, a lawyer in the internship year need. Then, for by the law of lawyer's practicing certificate and its application.

From the assistant lawyers to practice law, on the surface, there is not much difference, in fact, is the difference between lawyers and non lawyers, is the first leap in lawyer work, a leap is the most important. This leap is realized through the judicial examination.

Second step: from practice lawyer to lawyer leap (quantum leap)

From the practice of lawyer to lawyer although from time to time, only a year, however, is a lawyer career the most bitter, tired, shake, the darkest, most intense period of economic.

As a trainee solicitor, dry as a paralegal work, no source, no status, no experience, it doesn't matter.

Practice lawyers looking forward more defence or agency opportunity, hope in a lawyer all own a space for one person, looking forward to some day in the future can rise head and shoulders above others, hope all parties recognized and respected by the undertaker, looking forward to the appreciation and affirmation.

But just as full-time lawyer, and not imagined so comfortable, so proud. Lawyer, just have a lawyer "name", although the party called the "lawyer", but the lack of confidence, as a lawyer and domineering manner.

Despite being a lawyer, but the biggest problem is not the source.

Third step: from full-time lawyers to partner lawyer leap

Just started doing full-time lawyers three years, economic conditions are not very good, to solve the problem of survival.

In general, the young lawyer through constant struggle, accumulation, spent three years as a full-time lawyer, the source is relatively stable, have experience in handling cases and interpersonal relationship, economic conditions have improved.

At this stage, there is thought, enterprising lawyer will find a few like-minded colleagues, founded a law firm, joint investment, joint management, profit sharing, risk sharing.

However, this kind of mixed with personal feelings and the lack of management experience of lawyers, often in the cruel market after the baptism, can stick is a. Or dissolve, either alone, which is the initial stage of common partnership law institute.

So, Chinese lawyer has many is a "one size fits all", China lawyer all the many "small workshops".

Of course, transition from full-time lawyers to partner the role of the lawyer, is the best play and release the lawyer management ability, is a lawyer right autonomous best explanation and awakening, is the first step to success is also a lawyer, lawyer to the success or failure of the test.

Fourth step: from partner lawyer to senior lawyer leap

As a partner, can often participate in the administration of lawyers work, changing from a full-time lawyer "work status" to "the boss character", need ideas and consciousness more follow up.

Especially in the China traditional ideas, lawyers are the intellectuals, so the lawyer few business minded and business awareness, accustomed to being controlled, not adapt to the people. Therefore, China lawyer no wisdom, no Dayong; no big businessmen, no politician, at the right and the mission of "sleep" state.

For some partners, he is not looking for lawyers in the development, but his little trifles of interest. Therefore, "a long, hard," partners in politics, who has time to maintain image and reputation?

Director Chinese lawyers, mostly from the partners to start, then sat down to the director lawyer position; there is also a part of, is separated from the ranks of the partners go it alone.

Partner and chief lawyer, I feel.

Partners can be emotional, but the director lawyer cannot; partners can go it alone, but the director lawyer only for the center to develop; the partners may not consider a large expenditure of lawyers, lawyers must be very careful in reckoning but director; the partners may not scruple about their reputation and image, but the director lawyer must go to all lengths to safeguard the overall reputation and image; the partners may retreat and complain, but the director lawyer can only be enterprising and collaboration; partners can do the case, but the director lawyer to take care of you lawyers emotions and income

Therefore, difficult to become a lawyer, partner lawyer hard, director of lawyers will be more difficult to do!

After the baptism, and the lawyer market changes, the lawyer can insist to come down, can grow; if you insist on not down, then "part company each going his own way".

Whether the partner or director of the law, the most experienced numerous baptisms, rich experience in handling cases, stable relationships, no worries about the case, but worry about the talent and the development of.

Whether the partner or director lawyer, has quite part of people, to participate in media interviews often, published academic thesis, give the school lectures, or to other training lawyers, legal adviser to the government or enterprises, have certain popularity, cohesion and centripetal force, and, most leadership positions or lawyer association a member of the.

Fifth step: from senior lawyers to major suit lawyers leap

As a director of the law, consideration is the survival, development of lawyers. The lawyer to a certain scale of development, must consider the grouping, scale, brand and standardization of the development path.

To manage a law, may not be able to manage a lawyer group. When a lawyer to the development of a home, two or even more branch, director counsel of vision, courage, will consider the future and development of lawyers.

Director lawyer devoting great effort, money and effort, but also the need of group development, the risks and opportunities. The development of good, we benefit; development is not good, face the music.

Accustomed to the lawyer director of management of "small workshop", must from the thought, knowledge, courage "strive for further improvement".

Three, litigation lawyer practice -- how to do a case, for example

Give an example.

Li Xia and Wang Jun divorce case, Li Xia asked for a divorce lawyer cases handled by the operation of the entire process.

The process of litigation cases general management:

In 1 cases, lawyers to provide legal advice

1) customers visiting preparation: to the customer's address and standard and lawyer fees Office

2) consulting lawyers need to know: feelings after, children, property

3) lawyers Advisory reply: Law and Practice

2 , after the consultation work: the written opinions

3, the admissibility of the case

1) were drafted to hire a lawyer : contract, letter of authorization, to the party

2) toll

4, case preparation stage: the case submitted to the operation plan, conduct planning case, evidence material list parties need to be prepared, templates and other related evidence material and relevant evidence Forensics

5, cases pretrial mediation stage: a lawyer first telephone contact with each other, and then discuss the case

6, case: be ready to indictment, three photocopies of identity cards, marriage certificate and a copy of the original, a list of property, the relevant evidence materials and evidence list etc.

7, the court

1) before the court for trial: determine the time and place, tell the parties, and the parties before the court trial procedures and matters need attention of communication

2) trial court: the court investigation, evidence and testimony, the court debate

3) the second instance trial

The 8 trial after work