Please briefly describe the positioning and role of lawyers in my country in the new era

The role and function of lawyers

The role and functions of lawyers. Lawyers are legal professionals who serve as professional agents and transform the parties’ demands into legally regulated logical frameworks, safeguarding The rights and interests of individuals and companies, etc., learn about the role and functions of lawyers below.

The role and function of lawyers 1

The roles and functions of lawyers are: accepting entrustments from natural persons, legal persons or other organizations to serve as legal advisors; accepting entrustments from parties involved in civil cases and administrative cases , act as an agent and participate in litigation; accept entrustment, represent appeals in various litigation cases; accept entrustment, participate in mediation and arbitration activities.

The recruitment requirements for lawyers are:

1. Have a lawyer's practicing certificate, bachelor degree or above, no age limit;

2. Have good communication and Collaboration ability;

3. Good conduct, sense of responsibility, and teamwork spirit;

4. Have certain practical experience or lawyer's experience. Collapse

What role can lawyers play?

The role of lawyers can be summarized as follows:

First, lawyers are proficient in laws and regulations including substantive law and procedural law, and have the ability to investigate cases. Not only that, lawyers have also developed the habit of thinking from a legal perspective, able to appropriately connect the specific cases at hand with legal norms, put forward certain objective and persuasive claims through legal reasoning, and promptly prompt them to the court.

Second, on the basis of their knowledge of laws and regulations and legal reasoning ability, lawyers can also organize arguments and evidence materials that are beneficial to their clients based on specific cases and present them in a logically rigorous and complete format. to engage in debate, and such debate is not necessarily directly related to the lawyer's personal beliefs or likes and dislikes.

Third, lawyers are familiar with legal practice, especially the actual matters related to litigation. To be a good lawyer, you often gradually understand and master various procedural techniques through repeatedly handling a large number of cases. This is not only a matter of knowledge, but also includes experience and skills. This is obviously something the parties involved do not possess.

Fourthly, from the perspective of the relationship with the case or dispute itself, the parties themselves are direct stakeholders and can often only approach the litigation from their own subjective standpoint, while the lawyer, due to the nature of the case, You can keep a certain distance from other people's problems and grasp the situation more objectively and calmly.

Fifth, lawyers, as persons engaged in specialized professions, accept the special ethical norms of professional groups. Although he and judges belong to the same professional legal profession, lawyers are not an affiliated part of the judiciary after all. He participated in the proceedings from a neutral and independent position.

The role and function of lawyers 2

Lawyers on career planning

There are many rumors about the profession of lawyers, especially rumors about entering the profession. Most of them think it is very difficult and arduous, and some are very pessimistic. It is difficult to find the source of the case, which makes many newcomers hesitate and hesitate before making up their minds. They are afraid of losing sight of one thing and losing the other, choosing sesame seeds and losing watermelons.

Even if some newcomers have made up their mind to enter this industry, they are still confused and do not know where to start. They are worried every day, fearing that they will not be able to persist, or that their path will become narrower and narrower. In addition, some experienced people exaggerate the hardships of the road, and the competent authorities and industry associations lack necessary guidance and training, making newcomers very nervous and hesitant. I think there may be some misunderstandings here.

1) The difference between passing the judicial examination and becoming a lawyer. Many newcomers think that everything will be fine after passing the judicial examination, and of course they will become lawyers. I think the threshold for lawyers in China is very low. You can enter this industry just by passing the exam. Even like me, you don’t need to graduate from a law major.

Therefore, with the pursuit of the profession of lawyer, many people place their bets on the exam, thinking that they will become a lawyer as soon as they pass the exam. It's a bit like the children in our rural areas in the past who thought that if you get into college, you will enter the safe, jump out of the farm gate, and you will be guaranteed to have food and clothing for the rest of your life.

Therefore, many people relax after entering college, never expecting that they will be laid off and unemployed in the future, and return to the past overnight. Passing the bar examination is just a threshold, there is still a long way to go before you can truly become a lawyer. Newcomers must not think that they will be lawyers after passing the exam, and do not have high expectations;

2) What exactly do lawyers do? Many people simply have no idea what a lawyer does. People usually understand lawyers as litigating cases and helping others solve their problems. There are also many newcomers who know about litigation and non-litigation, but many people don’t know what non-litigation specifically refers to. They only know that non-litigation is very profitable. Famous and successful lawyers all do non-litigation, and non-litigation fees account for a proportion of the entire lawyer industry. Big and so on.

I have positioned myself prematurely before starting my career as a lawyer, hoping to be a non-litigation barrister. The lack of understanding and one-sided superstition about the scope of lawyers' work has caused many newcomers to be hesitant and anxious, and have no work goals;

3) How high is a lawyer's income? The outside world says that lawyers are rich, but no one can tell clearly how much money they have and how much their monthly income is. However, the rumored high income of lawyers has attracted many newcomers to the industry, so everyone has set their sights on earning income that exceeds the standard of the ordinary industry, and they all follow the example of famous lawyers. In the eyes of some people, lawyers have become synonymous with having a house, a car, and making money every day;

4) What is the social status of a lawyer? Many people believe that lawyers have a high social status, are knowledgeable and educated, and can be respected by all walks of life. The social status of lawyers is affected by some objective factors, especially film and television works, as well as the social status of foreign lawyers.

Lawyers abroad and from Hong Kong, Macao and Taiwan have a high social status. Most people’s impressions of lawyers come from film and television works from abroad, Hong Kong, Macao and Taiwan. I don’t think there are any domestic film and television works that describe the work and life of lawyers. The department is successful and objective because everyone from actors to directors, including their consultants, do not understand the work of domestic lawyers and lawyers. The social status of domestic lawyers is not as high as others think, but we can win the respect of others through our own efforts.

5) Is the life of a lawyer very chic? I watched a TV series filmed by Qin Hailu. There was a young lawyer who went to Xinjiang for a month without saying hello to anyone, and the phone was turned off. There was also a female lawyer played by Cao Ying, who spent the whole day either going to bars or having coffee and falling in love. That's cool enough, but it can only be seen in movies and TV shows. I doubt whether such a screenwriter knows a real lawyer. Being a lawyer is just a practice, a somewhat special practice. The work is very hard and it is all creative labor. It cannot be completed by going to bars, drinking and traveling. It's okay to be chic, but not this kind of chic.

Therefore, I believe that newcomers must have a plan for their new career when they enter the industry. In fact, the same is true for other industries. Before planning your career, you must have a clear understanding of this industry and avoid misunderstandings.

Newcomers must be modest and cautious when entering the industry. Many of the things you learn in the exam are not practical and can only be used as a basis for you to enter the industry. "What you see on paper is only shallow, but you know that you have to practice it." Lawyering is a very practical practice. Passing the exam only obtains the qualification, and you need to start from scratch. It's a bit like going to college. When I first went to college, the image of my new classmates was far from what I imagined as a college student. Only after a period of practical study and life in university can we show the vitality and image that college students should have. At this point, the division examination is like the college entrance examination.

The scope of a lawyer’s business is so wide that I can’t even define it now. In addition to litigation, it also includes numerous non-litigation matters, and many of the non-litigation contents are no different from those of other companies. For example, some lawyers can earn tens or even millions for each business they do through bidding for construction projects.

As for the bidding business, many other companies are also doing it, and some non-lawyers even do it better. There are also some law firms that handle real estate transactions, just like agency companies. I believe that understanding the scope of a lawyer's business should start from practice, start from scratch, understand its scope according to your pursuit of the lawyer's profession, and make choices during the practice process.

Only if you know the reality of lawyer work can you plan your work and study well.

Newcomers should also have a clear understanding of the income and social status of lawyers. As I have said before, the legal profession is not a very profitable one. In this society, the overall income of lawyers seems to be good for two reasons. First, the number of lawyers is not large, and the overall quality and academic qualifications are undoubtedly very high in society. Naturally, their personal abilities are also better, and their income is slightly better. It is normal to be high; secondly, as a relatively special profession, lawyers often appear in public and are easily known by all walks of life. The public will give lawyers a relatively high position in their minds.

So everyone thinks that lawyers’ income is very high, or should be relatively high. As a newcomer, you cannot be affected by external perceptions. You should proceed from reality and have a clear understanding of this issue. Generally speaking, the proportion of very profitable lawyers whose annual income exceeds 1 million is not large. Although there is no way to make actual statistics, I think it should not exceed 10.

Among these high-income lawyers, many of them do not necessarily make money from practicing law. Maybe they also do some business while working as lawyers, and maybe they made their first pot of gold. Later, they bought a lot of properties or made many other investments; there are very few who are particularly difficult and have no worries about food and clothing. They should be below 10, and most of them are new lawyers. Because if it continues to be so difficult, it is very likely that you will change careers after working for a while and no longer be a lawyer. No one is willing to continue to be so difficult;

The remaining 80% are the mainstream of our industry , among them there are higher-income groups with relatively stable incomes, which are generally better off than the working-class people. There are also some people whose income is not very stable. On average, it is only one salary. Sometimes they feel a lot of pressure from one meal to another. But they will be very hopeful, and maybe they will soon get out of trouble and enter a well-off or even better state. After all, the stage for lawyers is huge and there are many opportunities. As long as you work hard, you will be very promising. Who knows that one day you will be able to earn tens of thousands of dollars just by doing a case? This is also a place that supports many colleagues.

In addition, lawyers’ income is gross income, and their expenses are very large. Transportation expenses, communication expenses, labor insurance, etc. all have to be spent from the income. Apart from these expenses, there may not be much left. For other working-class people, many expenses will not be incurred, and salary income is net income. There is a difference between gross income and net income. But the actual income of a lawyer is not as pessimistic as many people say, provided that you must do it independently.

Just imagine, now ordinary civil cases can generally charge more than 2,000 yuan in second- and third-tier cities in the mainland. If you only need to do two cases every month, will your life problems be solved? ? And many new people are exchanging the income of assistants, which is naturally very low, and it is difficult to maintain their own lives. Therefore, newcomers should not have too high expectations for income, but they should not be pessimistic. The key is that you should enter the industry as early as possible. As long as you enter the industry, the income in this industry is not low.

In recent years, media reports and many colleagues’ revelations of their personal fortunes have given the outside world a new understanding of the legal profession, which is not generally optimistic. Many people will say when chatting that competition among lawyers is fierce now, everywhere, and many lawyers have no money, which is not what they imagine. They even make fun of and deliberately belittle lawyers. In fact, in which industry is it easy to make money? The boss of a private enterprise has made a lot of money, but he will never pay less and take risks.

If civil servants, including leading cadres, do not earn ill-gotten wealth through evil ways, they will not make more money than we do. The same goes for other industries, only illegal wealth is easy to come by. If you do things completely in accordance with the law, the lawyer industry can make a lot of money.

I have always believed that social status is a very nihilistic thing. It cannot be seen or modeled. Lawyers can be in the upper echelons of society, or they can be no different from migrant workers. The social status of lawyers is different from that of other professions. The status of civil servants in administrative agencies and certain special units comes from state authorization and the legacy of the feudal dynasty, where officials were noble and the common people were humble, or from their monopoly status. Many other industries derive their status from their high incomes.

However, a lawyer's status comes from his own efforts and integrity. He does not have political status given by the state, nor does he rely on economic status to improve his status. If you are a lawyer, no one will look down on you at any gathering or in any group gathering. You may be looked down upon and reprimanded by a department-level civil servant, but you may also be respected by a department-level leader. There is a CEO of a consulting company who keeps telling me not to be a lawyer, but to come and do it for me, and you can improve your salary.

I said, every time I come to you as a legal consultant, you will greet me with a smile and make tea for me personally. It is unrestricted. But if I become your subordinate, can I still enjoy such treatment? ? He laughs. No matter what, it is enough to be respected and recognized by others through your own efforts and dedication.

For newcomers, the life of a lawyer is definitely not something that can be summed up by the word chic. In addition to the pressure of entering the industry that everyone knows, there is also the pressure of learning and improving one's abilities. The same goes for lawyers who are already in the business. There are so many things that lawyers have to learn. Lawyers are likely to be used wherever there are people. Our business scope covers all aspects of society. So this is also different from judges and prosecutors.

They only need to handle cases in a certain field, but lawyers are jacks of all trades. In addition to pure legal knowledge, rich social knowledge is also required. The abilities I mentioned are not entirely comprehensive. Therefore, as long as you want to be a real lawyer, you need to continue to learn and accumulate, there is no end. It’s okay to relax and unwind, but you don’t want to do it like in movies and TV shows. More hardships come from silent hard work.

The role and function of lawyers 3

1. Divorce lawyer fees

When deducting divorce lawyer fees, divorce lawyers in different regions often The charging standards are different. In addition, the lawyer's agency method will also lead to different charging standards. Some lawyers are contingency agents, while some charge a per-person fee basis. Emotional issues plus emotional teacher mobile phone/letter:, receive professional emotional analysis

The following key factors should be taken into consideration when the law firm and the trustee discuss the lawyer's service fees:

1. The amount of working time consumed;

2. The difficulty level of legal affairs;

3. The total number of lawyers required to apply for legal affairs and the professional level of co-organizers; emotions Add questions to the emotional teacher’s mobile phone/letter: and receive professional emotional analysis

4. The trustee’s tolerance and the economic and social development of the region;

5. The lawyer will The risks and responsibilities that will be borne;

6. The lawyer's social credibility level;

7. Other necessary costs required to handle the case.

At present, there are generally two types of divorce lawyer fees:

First, a base price is based on a certain amount, and then a certain amount of fees will be charged based on the disputed property exceeding a certain amount. For example, a certain lawyer's fee standard is a base price of 5,000 yuan. In addition, no matter how small the amount of dispute in the case is, and there is no dispute over the same property, the base fee is 5,000 yuan. If the property in dispute exceeds a certain credit limit (usually 100,000 yuan), a certain percentage will be charged for the excess portion.

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Second, risk agency: Pay a certain basic fee and confirm a standard credit limit for the amount of property returned. This type of case is applicable to cases where the focus of the dispute lies on the division of divorce property, and the general difficulty lies in the investigation and evidence collection or execution of the divorced property.

For example, one party does not know the status of the other party’s individual stocks or bank time deposits, or the ownership status of corporate shares, or the diversification of the other party’s property. In each province or even in each nation. Lawyers need to do a lot of evidence investigation work.

In order to stimulate the enthusiasm of lawyers, upon mutual agreement, the defendant will pay a certain amount of business capital (usually around 5,000 yuan), and his lawyers will read the relevant evidence and search for the other party’s Property, do property preservation work, and continue to be responsible for the completion of the case after the case is decided. Lawyers will receive a certain percentage of remuneration from the property that is repatriated.