First, the purpose of graduation practice
Practice is the last course in college study and life, and it is also the process of combining theory with practice for college students. My internship period is from March 12 to April 12, 2007. During my internship, I tried to put the theoretical knowledge I learned in school into practice and try to combine theory with practice. During the internship, I can abide by the work discipline and conscientiously complete the work assigned by the leaders and other lawyers. Under the guidance of lawyers, I began to get familiar with this industry, gradually entered the state of "lawyer", and had a certain understanding and experience of the operation process and legal practice of law firms.
I chose to practice in a law firm because the law firm is a lawyer's practice organization. Entrusted by the parties to criminal cases, civil cases and administrative cases, lawyers participate in litigation and non-litigation business, which involves a wide range of laws and is practical. While college students practice in law firms and learn some experience in handling cases can not only make up for the lack of knowledge, but also add some new knowledge. With this mentality, I came to Wenbo.
Second, the graduation internship requirements
Students are required to complete the learning tasks in graduation practice teaching with good quality and quantity, so as to improve their practical ability.
(A) Practice methods and requirements
Internship can choose one or two of the following forms:
1. Lawyer's practice or judicial practice: participating in litigation, non-litigation cases and arbitration cases, including obtaining evidence, holding court sessions, drafting legal documents and legal documents, studying files, providing various legal consultations, etc.
2. Scientific research practice such as projects and topics: participating in the completion of economic and legal scientific research projects and topics at or above the school level.
According to the requirements of the graduation internship plan, the tasks specified in the graduation internship should be completed seriously.
(two) internship units or departments
Students can choose law firms, courts, economic and trade companies, universities or scientific research departments, and relevant government departments or institutions for internship.
Third, the internship results
The main job of my internship is to assist lawyers in handling cases. The internship subjects are criminal law, civil law and criminal procedure law. In practice, learn the practical operation process of lawyers after accepting cases, and assist in filling, coding and sorting out files; Write some legal documents within the scope of authority, such as defense words; I also followed the lawyer to the legal aid center, the industrial and commercial bureau, the police station and other departments to investigate and collect evidence; Go to the detention center to meet the defendant. What I learned the most was that I participated in the trial of several cases, carefully studied the proper and standardized judicial procedures, and really moved from textbooks to reality, from abstract theory to colorful real life. During the trial, I carefully understood all aspects of the trial and carefully observed the whole process of lawyers' evidence presentation and debate. I think it is really valuable to have such a stage for exercise.
At the law firm, I also got the help of many leaders and lawyers. For example, the head teacher of our college was very enthusiastic and helped me get my internship certificate in the afternoon of my first internship. At school, I studied the basic theory of law and the specific provisions of the law, but from the beginning of legal practice to internship, many things don't know how to start. Lawyer Yu Shao's help played a vital role in my internship, and I am very grateful to him here. Some time ago, I knew almost nothing. He taught me patiently bit by bit, and I learned a lot with his help. A month's internship, I have been following the lawyer. Of course, I also assist other lawyers in their work, such as going to the vehicle management office to check the vehicle registration files with other lawyers, and going to the airport, Bagang and other places to collect evidence and hold court sessions.
"I think it's an armchair strategist. I don't know if it should be done." During my short internship, I deeply felt my shallow knowledge and lack of professional knowledge in practical application. I thought I learned well at school. Once I came into contact with reality, I realized how little I knew, and I really realized the meaning of "endless learning". This may be my feeling alone. However, one thing is clear, that is, there is indeed a gap between our legal education and practice. Law is a very practical subject, which needs the guidance of theory, but the development of law is completed in practice. Therefore, our legal education should be combined with practice and adopt a school-running mode of combining theory with practice. Specifically, we should deal with "three relationships": the relationship between classroom education and social practice, taking the classroom as the theme and deepening the theory through practice; The relationship between summer practice and peacetime practice, with summer practice as the main time period; The relationship between the breadth and depth of social practice, and strive to promote the content and scale of practice simultaneously.
Another problem is juvenile delinquency. In the cases (legal aid) contacted in the internship, a large part of the defendants were born after 1980, and even two defendants in robbery and theft cases were born in 1988. Regardless of the defendant's family and his own factors, from the social environment, I think society also has certain responsibilities. From the beginning of the reform in the early 1980s to the end of the 1980s, it was a period of great change. During this period, the construction of spiritual civilization has been relaxed, that is to say, some criminals may have contracted some bad habits in their childhood. Therefore, education should start with dolls, not just a slogan, but should be truly implemented. The above is my internship experience.
A journey of a thousand miles begins with a single step. This month's short and substantial internship, I feel that it has played a bridge transition role for me to go to society and is of great help to my future work. Most of the experience and knowledge I learned during this period came from the teaching of leaders and lawyers, which is a valuable asset in my life. This internship also made me deeply understand that it is very important to maintain good relations with colleagues at work. To do things, we must first learn to be a man, understand the truth of being a man, and how to get along with others is the most basic problem in modern society. For a person who is about to enter the society, there are many things to learn. They are the best teachers. As the saying goes, "A threesome must have a teacher", and we can learn a lot from them. As long as the internship is fruitful, the internship is successful. The ultimate goal of studying law is to face and serve the masses, and to improve the social rule of law and rule the country according to law. After graduation, I will do my part to build a society ruled by law in China.
While accumulating experience through internship, I am familiar with the lawyer business. Through the communication and study with lawyers, I also learned a lot about the specific situation of lawyers and the details of the industry environment, especially the management of law firms, lawyers' business and lawyers' income.
According to the Lawyers Law, a law firm is a lawyer's practice place. Lawyers cannot practice and undertake business independently. They must accept the entrustment of their law firm, assign tasks, sign entrustment contracts with clients, collect agency fees and pay relevant taxes on behalf of lawyers. Lawyers told me that most of the existing law firms adopt the partnership system, that is, several lawyers jointly invest to form a law firm, which is responsible for its own profits and losses and assumes unlimited joint and several liabilities for debts. They are the main sources and undertakers of law firms' business, and are generally responsible for large-scale legal services such as litigation business. The post of director of a law firm is generally held by the largest investor among the partners or the undertaker of the case (usually the same person). In addition, law firms also include ordinary lawyers, paralegals and administrative personnel: ordinary lawyers are responsible for non-litigation business such as legal consultation and corporate legal consultation; The paralegal is responsible for sorting out materials and evidence for partner lawyers, drafting general judicial documents and assisting lawyers in handling legal business; The administration department is a department specially set up by large and medium-sized law firms to take charge of non-legal business in order to adapt to the expanding business volume and realize the efficient management of modern enterprises. Typing and copying materials for lawyers, sorting out documents and files, translating materials, cost accounting management, financial work, and even receiving customers and cleaning are all their jobs.
It can be seen that if you want to hold an important position in a law firm in one step and give full play to your talents to develop your career, you must have higher professional qualifications and business experience to be independent and survive and grow in such a fierce competition and elimination mechanism in the lawyer industry.
Law firms can be divided into ordinary law firms and professional law firms according to their business types. The former can be divided into litigation business and non-litigation business, among which non-litigation business has become the main business composition and market development direction of more and more law firms. Judging from the types of legal business I have come into contact with in this short month, from formulating employee employment contracts and reviewing the terms of real estate sales contracts to restructuring state-owned enterprises, auditing large state-owned water conservancy projects and listing private enterprises, it involves land transfer, real estate sales, stock securities, transfer of state-owned assets, banking finance, marine insurance, construction projects and so on. The cost of large-scale projects is usually charged at 3%~ 15% of the total bidding amount, while the target of large-scale non-litigation projects is generally more than several million yuan, which shows that the market is large.
In recent years, professional law firms have emerged in coastal economically developed areas, specializing in legal services in foreign trade, banking and finance, securities trading, insurance, shipping, maritime affairs and other industries, many of which are joint venture law firms injected with foreign capital, especially in Beijing and Shanghai. At home and abroad, legal elites who are familiar with international business, trade and financial operations gather here to meet the needs of China's expanding foreign trade for legal protection, and the familiar case of calculating consulting fees by the hour in US dollars also appears in China. General law firms are small in scale and strong in regionality; Hundreds of professional law firms and large joint venture law firms are concentrated in coastal open cities such as Beijing, Shanghai, Guangdong, Hong Kong, Macao and Xiamen. It can be said that there are great differences between them in market demand, business direction, talent demand, scale and specialization.
This also reminds us that students of political science and law colleges, especially those majoring in economic law like me, should not only carefully choose their future career development direction, but also make it clear in advance: although economic law is popular, only a few rectification workers who have advanced their studies (studying abroad is probably an indispensable part), have excellent professional skills, professional ability and foreign language ability, and have a deep understanding of international business and finance can enjoy superior income and status; On the contrary, if we don't reach that level, the professional knowledge and foreign language ability of economic law will not only be useless, but also be defeated in the job competition of ordinary domestic law firms because of the lack of excellent knowledge of civil and commercial law, criminal law and economic law.
Lawyer's income is another important information I learned in my internship. According to the law firm's articles of association, the partner pays the agency fee to the law firm, and after paying taxes, paying part of it to the law firm and paying management fees to the relevant judicial administrative departments, the partner shares it with the case source provider according to a certain profit ratio (ranging from 50% to 28%), and the case source provider generally takes much more. For example, lawyers undertake criminal litigation cases. According to the contract, the agency fee is 8000 yuan, the business fee is 2000 yuan * * 10000 yuan, and there is 7000 yuan after deducting the payable expenses. If the case undertaker (director) and the case handler (lawyer) are divided into three parts, the lawyer will eventually get more than 2,000 yuan, while the director will get nearly 5,000 yuan. It can be seen that the main profits of the law firm are concentrated in the hands of the director who grasps the business source of the law firm.
Lawyers privately undertake cases, collect money and goods from clients, and serve as corporate legal advisers in the absence of a law firm, ranging from being complained by clients to being warned by judicial administrative departments, to having their lawyer's practice certificate revoked, and even being investigated for criminal responsibility. The law firm where they work will also be severely punished, informed criticism.
It is undoubtedly the best career guide for young law graduates like me to get rid of the one-sided superficial understanding of lawyers' high income and easy work, make a beneficial comparison between domestic lawyers and judicial departments, government agencies, universities and other enterprises and institutions, and fully understand lawyers' high access, high risk, high pressure and various tangible or intangible hidden rules.
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