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First of all, why do I want to be a lawyer?
First of all, I think the ideal of being a lawyer comes from the pursuit of justice since childhood? So, what is justice? Justice is an ancient concept, as Justinian pointed out in his "The Legal Ladder of King James": "Justice is this firm and lasting desire to give everyone the rights he deserves." Roman law points out: "Law is the art of kindness and justice." "Law is knowledge about God and human things, and it is a science about justice and injustice." (1) The value orientation of the lawyer profession is to realize justice. The first article of Japan's Lawyers Law begins with a clear meaning: "Lawyers take it as their duty to support basic human rights and realize social justice. Lawyers must perform their duties honestly according to the above mission, strive to maintain social order and improve the legal system. (2) "Lawyers are freelancers who provide legal services for the society with their professional knowledge. When the market and social subjects, whether individuals, legal organizations or even government agencies, encounter legal problems, lawyers, with their legal knowledge, legal training, legal thinking and professional ethics, can sort out clear legal logic, quickly put forward legal solutions to the problems, and safeguard the legitimate rights and interests of the parties through debates and legal opinions (3). It can be seen that the practice process of lawyers is also the process of realizing justice. If there is no lawyer, the parties will face powerful prosecutors and police alone, and face a mountain of files, a sea of cases and obscure legal provisions, and individual rights will be in jeopardy. How can we talk about legal justice?
Secondly, lawyers are an attractive profession. The work of a lawyer is very challenging and requires high personal ability. Being an excellent lawyer is undoubtedly a sign of self-development and self-realization. Lawyers are social elites with high status and prestige. Most American presidents have received different degrees of legal training. According to statistics, in the first century of American history, about two-thirds of senators, more than half of representatives and more than half of governors were lawyers. Almost two-thirds of American constitutional makers are legal professionals. The Declaration of Independence, which preached that all men are created equal, was written by Thomas. Jefferson, then a lawyer. Of the 26 people who signed the Declaration of Independence, 25 were lawyers. It is in this sense that Tocqueville pointed out in On Democracy in the United States: "In the United States ... lawyers are the highest political class and the most educated part of society ... If someone asks me who is an American aristocrat, I will not hesitate to answer: not rich people without common ties, but judges and lawyers." In a society ruled by law, lawyers are the guardians of individual rights, the defenders of the rule of law and the balancers of society. Of course, there is also a generous income commensurate with the lawyer's ability, social status and reputation (4). Lawyers are one of the high-income industries. Successful lawyers mean the middle class, famous cars and luxury houses.
Second, the quality of lawyers.
A good lawyer should first have good expression skills. This is an essential, basic and obvious quality of a lawyer. Including oral expression and written expression. Oral expression is divided into argument and negotiation, which is embodied in an eloquent debate with the public prosecutor or the opposing lawyer in court; On the other hand, it is embodied in long speeches such as case statements and concluding remarks, which can be talked about in Kan Kan, Kan Kan, with clear organization and impress juries and judges at critical moments. The ability of written expression is equally important. In practice, lawyers have to draft all kinds of legal documents: subtle litigation requests, ups and downs of legal opinions, meticulous and strict proxy words. If the written document is not properly expressed, it will affect the realization of the legitimate rights of the parties. Secondly, we must have excellent legal professionalism. Including the basic legal theoretical knowledge accumulated in legal education, the accurate grasp and reasonable application of legal principles and provisions formed in legal professional training, and more importantly, the lawyer's way of thinking is cultivated under the influence of long-term legal culture. As an American jurist said, "Think like a lawyer." What exactly is a lawyer's thinking? What kind of thinking mode should a lawyer have? Lawyer's thinking should have the following characteristics: lawyer's thinking should be rigorous, diverse, sharp and creative (5). To be a successful lawyer, only professional knowledge is not enough. In the modern society with diversified market, specialized division of labor and rapid development, the division of legal services is becoming more and more detailed, and every lawyer's business involves a specific industry field. If he doesn't have some basic knowledge in the field of industrial reform, it is impossible to start his business. Some fields require very high professional and technical knowledge, such as maritime affairs, securities, insurance, taxation, foreign trade and intellectual property rights. An excellent lawyer must be a lawyer who abides by professional ethics. The most important thing is to remain independent. Lawyers are freelancers who provide legal services to the society. They provide services as intermediaries between the political state and civil society. From the perspective of harmonious coexistence between the state and society, this kind of intermediary service is particularly important. In the process of modernization, political tension between the state and society is everywhere. The lawyer's legal service activities enable one party (especially the disadvantaged party) to take legal measures to solve the problem to a certain extent, instead of choosing extreme or even mutual loss. In this sense, lawyers are the buffer and balancer of society. This important role of lawyers makes the independence of lawyers of great significance. Lawyers must maintain independence between political state and civil society, and avoid accommodating the special interests of either party and intensifying social contradictions, so as to maintain social stability and achieve the greatest social justice. There are three types of lawyers' independence: 1, and associations run by themselves. Lawyers enjoy autonomy. Lawyers' associations can manage their own affairs independently without external interference. 2. Control working conditions. Lawyers themselves decide which parties and cases to represent, how to allocate time between parties and other affairs, what strategies and tactics to adopt in order to win the lawsuit, and so on. 3. Political independence. That is, to maintain the independence between the state and political parties. Independence from the state is a concept of free defense. It means that when lawyers defend individual rights, lawyers must protect the interests of clients from external interference, especially from state officials. The concept of free defense advocates that the law should allow lawyers, especially criminal defense lawyers, to defend the interests of the parties. In fact, lawyers should enjoy the feudal power center like feudal barons. They are not attached to consuls or judges, and in some respects, lawyers enjoy broader rights than prosecutors or police. They are expected and even encouraged to use every loophole in the law, every mistake and negligence of the opponent's strategy, and every explanation of the law or facts to defend the parties. The direction of this system is that maintaining the integrity of the right protection procedure is more important than conviction or enforcement of substantive law. "We should not worry that the realization of government policies will be hindered and not strive for the interests of all parties. (6) "Lawyers, as an independent class, can neither be attached to the powerful state machine to oppress isolated individuals, nor be willing to succumb to the parties for their own private interests, or even stand on the opposite side of public interests. Lawyers should be independent of various special interests of civil society, including the interests of their clients. The parties are always blind, full of luck, blindly pursuing the maximization of their own interests, and will not consider whether the interests they pursue are legal or in line with the public interest. Therefore. Lawyers should keep a cautious and independent relationship with their clients, that is, keep a certain professional distance from their clients' purposes, don't have emotional contact with them, don't believe everything the clients say, and don't take their assumptions as the cause of action-otherwise, lawyers will lose their ability to objectively analyze and deal with problems. Part of this principle is to maintain the effectiveness of lawyers' defense. If lawyers are too consistent with one party's interests, they will not be credible when defending the other party in other cases. But more importantly, this principle reveals the idea that although the services provided by lawyers are paid, their personality and beliefs are not (7). The loyalty that the client exchanges with money is limited, because the lawyer's professional personality also has the component of contributing to public utilities. When a lawyer defends his client's interests, he defends his belief in pursuing justice. Commission is only a by-product, and lawyers should not use any means to realize the interests of their clients in order to get paid. Only in this way can the image, social status and reputation of lawyers be maintained. Lawyers should also understand that the law of compromise itself is the product of compromise, and lawyers who use the law to provide clients must of course master the art of compromise. A good lawyer should also have excellent communication skills. Lawyers have to deal with all kinds of people and deal with all kinds of things and relationships. Without excellent communication methods, they can't coordinate all kinds of relationships and do their own business well.
My lawyer dream
Author: dreamor Source: Tianya Community Date: 2004-10-16 09: 44: 02
First of all, why do I want to be a lawyer?
First of all, I think the ideal of being a lawyer comes from the pursuit of justice since childhood? So, what is justice? Justice is an ancient concept, as Justinian pointed out in his "The Legal Ladder of King James": "Justice is this firm and lasting desire to give everyone the rights he deserves." Roman law points out: "Law is the art of kindness and justice." "Law is knowledge about God and human things, and it is a science about justice and injustice." (1) The value orientation of the lawyer profession is to realize justice. The first article of Japan's Lawyers Law begins with a clear meaning: "Lawyers take it as their duty to support basic human rights and realize social justice. Lawyers must perform their duties honestly according to the above mission, strive to maintain social order and improve the legal system. (2) "Lawyers are freelancers who provide legal services for the society with their professional knowledge. When the market and social subjects, whether individuals, legal organizations or even government agencies, encounter legal problems, lawyers, with their legal knowledge, legal training, legal thinking and professional ethics, can sort out clear legal logic, quickly put forward legal solutions to the problems, and safeguard the legitimate rights and interests of the parties through debates and legal opinions (3). It can be seen that the practice process of lawyers is also the process of realizing justice. If there is no lawyer, the parties will face powerful prosecutors and police alone, and face a mountain of files, a sea of cases and obscure legal provisions, and individual rights will be in jeopardy. How can we talk about legal justice?
Secondly, lawyers are an attractive profession. The work of a lawyer is very challenging and requires high personal ability. Being an excellent lawyer is undoubtedly a sign of self-development and self-realization. Lawyers are social elites with high status and prestige. Most American presidents have received different degrees of legal training. According to statistics, in the first century of American history, about two-thirds of senators, more than half of representatives and more than half of governors were lawyers. Almost two-thirds of American constitutional makers are legal professionals. The Declaration of Independence, which preached that all men are created equal, was written by Thomas. Jefferson, then a lawyer. Of the 26 people who signed the Declaration of Independence, 25 were lawyers. It is in this sense that Tocqueville pointed out in On Democracy in the United States: "In the United States ... lawyers are the highest political class and the most educated part of society ... If someone asks me who is an American aristocrat, I will not hesitate to answer: not rich people without common ties, but judges and lawyers." In a society ruled by law, lawyers are the guardians of individual rights, the defenders of the rule of law and the balancers of society. Of course, there is also a generous income commensurate with the lawyer's ability, social status and reputation (4). Lawyers are one of the high-income industries. Successful lawyers mean the middle class, famous cars and luxury houses.
Second, the quality of lawyers.
A good lawyer should first have good expression skills. This is an essential, basic and obvious quality of a lawyer. Including oral expression and written expression. Oral expression is divided into argument and negotiation, which is embodied in an eloquent debate with the public prosecutor or the opposing lawyer in court; On the other hand, it is embodied in long speeches such as case statements and concluding remarks, which can be talked about in Kan Kan, Kan Kan, with clear organization and impress juries and judges at critical moments. The ability of written expression is equally important. In practice, lawyers have to draft all kinds of legal documents: subtle litigation requests, ups and downs of legal opinions, meticulous and strict proxy words. If the written document is not properly expressed, it will affect the realization of the legitimate rights of the parties. Secondly, we must have excellent legal professionalism. Including the basic legal theoretical knowledge accumulated in legal education, the accurate grasp and reasonable application of legal principles and provisions formed in legal professional training, and more importantly, the lawyer's way of thinking is cultivated under the influence of long-term legal culture. As an American jurist said, "Think like a lawyer." What exactly is a lawyer's thinking? What kind of thinking mode should a lawyer have? Lawyer's thinking should have the following characteristics: lawyer's thinking should be rigorous, diverse, sharp and creative (5). To be a successful lawyer, only professional knowledge is not enough. In the modern society with diversified market, specialized division of labor and rapid development, the division of legal services is becoming more and more detailed, and every lawyer's business involves a specific industry field. If he doesn't have some basic knowledge in the field of industrial reform, it is impossible to start his business. Some fields require very high professional and technical knowledge, such as maritime affairs, securities, insurance, taxation, foreign trade and intellectual property rights. An excellent lawyer must be a lawyer who abides by professional ethics. The most important thing is to remain independent. Lawyers are freelancers who provide legal services to the society. They provide services as intermediaries between the political state and civil society. From the perspective of harmonious coexistence between the state and society, this kind of intermediary service is particularly important. In the process of modernization, political tension between the state and society is everywhere. The lawyer's legal service activities enable one party (especially the disadvantaged party) to take legal measures to solve the problem to a certain extent, instead of choosing extreme or even mutual loss. In this sense, lawyers are the buffer and balancer of society. This important role of lawyers makes the independence of lawyers of great significance. Lawyers must maintain independence between political state and civil society, and avoid accommodating the special interests of either party and intensifying social contradictions, so as to maintain social stability and achieve the greatest social justice. There are three types of lawyers' independence: 1, and associations run by themselves. Lawyers enjoy autonomy. Lawyers' associations can manage their own affairs independently without external interference. 2. Control working conditions. Lawyers themselves decide which parties and cases to represent, how to allocate time between parties and other affairs, what strategies and tactics to adopt in order to win the lawsuit, and so on. 3. Political independence. That is, to maintain the independence between the state and political parties. Independence from the state is a concept of free defense. It means that when lawyers defend individual rights, lawyers must protect the interests of clients from external interference, especially from state officials. The concept of free defense advocates that the law should allow lawyers, especially criminal defense lawyers, to defend the interests of the parties. In fact, lawyers should enjoy the feudal power center like feudal barons. They are not attached to consuls or judges, and in some respects, lawyers enjoy broader rights than prosecutors or police. They are expected and even encouraged to use every loophole in the law, every mistake and negligence of the opponent's strategy, and every explanation of the law or facts to defend the parties. The direction of this system is that maintaining the integrity of the right protection procedure is more important than conviction or enforcement of substantive law. "We should not worry that the realization of government policies will be hindered and not strive for the interests of all parties. (6) "Lawyers, as an independent class, can neither be attached to the powerful state machine to oppress isolated individuals, nor be willing to succumb to the parties for their own private interests, or even stand on the opposite side of public interests. Lawyers should be independent of various special interests of civil society, including the interests of their clients. The parties are always blind, full of luck, blindly pursuing the maximization of their own interests, and will not consider whether the interests they pursue are legal or in line with the public interest. Therefore. Lawyers should keep a cautious and independent relationship with their clients, that is, keep a certain professional distance from their clients' purposes, don't have emotional contact with them, don't believe everything the clients say, and don't take their assumptions as the cause of action-otherwise, lawyers will lose their ability to objectively analyze and deal with problems. Part of this principle is to maintain the effectiveness of lawyers' defense. If lawyers are too consistent with one party's interests, they will not be credible when defending the other party in other cases. But more importantly, this principle reveals the idea that although the services provided by lawyers are paid, their personality and beliefs are not (7). The loyalty that the client exchanges with money is limited, because the lawyer's professional personality also has the component of contributing to public utilities. When a lawyer defends his client's interests, he defends his belief in pursuing justice. Commission is only a by-product, and lawyers should not use any means to realize the interests of their clients in order to get paid. Only in this way can the image, social status and reputation of lawyers be maintained. Lawyers should also understand that the law of compromise itself is the product of compromise, and lawyers who use the law to provide clients must of course master the art of compromise. A good lawyer should also have excellent communication skills. Lawyers have to deal with all kinds of people and deal with all kinds of things and relationships. Without excellent communication methods, they can't coordinate all kinds of relationships and do their own business well.
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