A model of practical lawyer's working experience
Looking back on my work and life during my one-year internship, I have the joy and satisfaction of participating in various civil and commercial legal cases, as well as the frustration, self-examination and even giving up caused by setbacks and difficulties. If I hadn't personally practiced this job as a lawyer, maybe I wouldn't have been able to deeply understand the hardships of starting my career as a lawyer. If I hadn't thought about giving up, I might never have deeply realized my own shortcomings. Choosing persistence again is to believe that you can learn from experience and lessons, give play to your own advantages and specialties, and complete the "transformation" from a trainee lawyer to an excellent practicing lawyer. In the face of defects or mistakes in work, how to learn lessons; How to overcome the problems of low income, high work intensity and high work pressure in the early stage of internship? According to what I saw and thought in my work this year, I recorded my feelings and experiences.
First, trainee lawyers need a good attitude.
The position of a trainee lawyer in a law firm is generally a paralegal, who is mainly responsible for assisting and guiding the work of lawyers or partners. Intern lawyers should cherish this time and study hard. Pay special attention not to get into the habit of relying on lawyers to guide the audit results; I can't feel that I don't have to take responsibility for my work mistakes, but I have relaxed my requirements for myself.
I once assisted a team of lawyers to provide legal services for the approval of equity transfer and the application for change registration of a foreign-funded enterprise. Before the materials required for registration of change are basically ready and ready to go through the examination and approval procedures at the Municipal Bureau of Commerce, I found that the signing dates of all resolutions in the documents submitted by the entrusting party were blank. Is this the fault of the entrusting party's staff? Or does the entrusting party need our signature? Do the Municipal Bureau of Commerce or the Municipal Administration for Industry and Commerce have any special requirements for this? Can these questions be directly referred to the guidance lawyer?
Later, i query promulgated the Regulations of the People's Republic of China on the Administration of Company Registration. If the company decides to change its shareholders, it shall apply to the industrial and commercial registration authority within 30 days from the date of change. I also consulted the staff of various administrative organs by telephone, and searched their published service guides in various administrative organs. I understand that the approval time limit of the Municipal Bureau of Commerce and the Municipal Administration for Industry and Commerce is 4 working days and 3 working days respectively. After completing these tasks, we will consult the guidance lawyer, and then communicate with the entrusting party, asking them to determine the signing time of the documents so that we can complete the entrusted matters.
Facts have proved that if you pay more attention to things you are not sure about, ask more people, know more about the actual operation process, inquire more about laws, regulations or industry practices, and demand yourself according to the standards of a practicing lawyer, you can do your job well.
An excellent trainee lawyer or paralegal can actively cooperate and guide the lawyer or partner to complete the task well. Although there is a certain gap compared with them in practical experience and skills. If we change our dependence on work attitude, strictly demand ourselves by the standards of a practicing lawyer, and rely on the master everywhere, we can grow rapidly.
Second, trainee lawyers need to learn to communicate.
1, learn to communicate with seniors
In the law firm, in addition to my guidance lawyer, I have the honor to work with three other experienced professional lawyers. Their practice styles are different, and their professional fields do not overlap. How to cooperate with them to finish their work and learn their advantages from cooperation is the goal I set for myself.
Looking through your email, did you reply to the work email and explanation sent by the guidance lawyer in time? Are you tired and delayed because of weekends and holidays? Have you revised and struggled repeatedly because you really want to be perfect, until the last moment of deadline, and finally sent the document to your tutor?
As a newcomer to the legal profession, there may be an expectation-I hope to give full play to what I know and learn, so as to gain a sense of accomplishment and satisfaction in my work. But it is inevitable that sometimes it will be too idealistic. "For the perfection of 100%, it is best to submit 60% of the phased results in time", which is the warning of a senior. The compilation of laws and regulations related to cases, the production of litigation documents and the retrieval of cases related to cases are time-consuming and labor-intensive. However, if trainee lawyers can actively and quickly complete these tasks and submit them to the guidance lawyers in time, they can not only greatly reduce their workload, but also enrich their legal literature database. While helping to guide lawyers to complete their work, I believe they are also very willing to give advice to "little helpers" to help their younger generations grow up quickly.
2. Learn to communicate with customers.
From 2065438 to June 2005, I accompanied one of the practicing lawyers and another assistant lawyer to a village-run phosphate production enterprise in the province to complete the preliminary due diligence of the acquisition project. The scope of this verification involves eight enterprises, including the target company and its holding (shareholding) joint-stock company. In addition, the traffic is inconvenient and the workload is heavy.
Different from Wuhan, county-level city administrative departments will ask for lawyer's license, official letter or letter of introduction, registration certificate or court summons when looking up information. Although we have a trainee lawyer's license, we are also very helpless when the administrative staff do not cooperate.
The guidance lawyer is experienced. He asked the staff of the target company to accompany us to various administrative departments with formal letters of introduction. When our application for verification was blocked, the staff of the target company came forward to explain the purpose of this application for verification, which eliminated the worries of the staff of the administrative department and made our verification work go smoothly.
Communicate with intern lawyers who have participated in the data collection in the early stage of due diligence, and everyone has a deep understanding of the hard work. Some trainee lawyers encounter not only the problem that the administrative organs do not actively cooperate, but also the staff of the target company are procrastinating and indifferent.
In fact, the workload cannot be reduced, and the key is to change the working methods. You can communicate with the employees of the target company first, clearly inform them, provide real and effective company documents, and cooperate with external lawyers to check the company's situation in various administrative departments. This is a necessary link for both parties to discuss cooperation and promote the project.
Generally speaking, the due diligence work of external lawyers entering the company site is after the two parties contact and reach a preliminary cooperation intention. If the target company doesn't cooperate, you can communicate with customers and let them coordinate with each other. Or, before the due diligence begins, the customer, the target company and all intermediaries hold a coordination meeting to confirm the scope of preliminary verification, and communicate with the customer and all intermediaries in time according to the actual situation, and make adjustments at any time to improve the work efficiency of the whole team.
Third, trainee lawyers need to learn to be self-motivated.
For a while, I felt particularly confused and anxious. The more you try to be perfect, the more likely you are to make small mistakes in your work. The document was not filed in time, and the email sent to the guidance lawyer had typos. Every time I make a mistake, I fall into deep remorse. Before going to bed at night, I think about the unfinished work tomorrow, what mistakes I shouldn't make in today's work, and I can't sleep well. When I wake up in the morning, I often feel an inexplicable pressure. This process of self-struggle is particularly uncomfortable.
Until I began to sort out my work in the past year according to the requirements of lawyer Cai and the guidance lawyer, and settled down to read my past work diary. It turns out that in a busy year, I was lucky enough to participate in various types of cases, learned a lot of knowledge and gained a lot of knowledge.
The process of internship provides us with an opportunity to understand our own shortcomings, gradually correct them and cultivate our ability to work independently. For example, learn to search and consult relevant laws and regulations according to the contents of the document, find problems in the document in combination with the law, learn to work hard and complete a job with heart. This is really a particularly rich and fulfilling career growth experience.
Recalling that every time I received an expression pack of "hard work" or "praise" from the guidance lawyer and the client, I was actually very happy. Tired from work, the smoke suddenly disappeared.
I began to understand that it is better to accept my imperfections than to dwell on every flaw in my work. "Failure is the mother of success" and "no accumulation, no miles". If you combine these two sentences, you can actively improve yourself from the details, develop good work habits, accumulate work experience and summarize work methods. In the process of self-knowledge and self-summary, we can see our progress and recognize ourselves. So as to gain a sense of accomplishment and satisfaction, communicate with guidance lawyers more, cherish every opportunity of communication, understand the process of growth, learn to overcome setbacks and learn to enjoy the joy brought by progress.
Four. conclusion
After the one-year internship expires, you can submit an application for practicing as a lawyer to the Judicial Bureau in accordance with the regulations. But from practicing to becoming an excellent lawyer, it takes more years of training. "The road is long, Xiu Yuan, Xiu Yuan, and I will go up and down." . There are bound to be hardships and bumps on the road ahead, and all kinds of challenges will be faced. I believe that if I persist in and cherish the opportunity to study and hone myself in a law firm, I can realize my career ideal as soon as possible.
Looking back on my work and life during my one-year internship, I have the joy and satisfaction of participating in various civil and commercial legal cases, as well as the frustration, self-examination and even giving up caused by setbacks and difficulties. If I hadn't personally practiced this job as a lawyer, maybe I wouldn't have been able to deeply understand the hardships of starting my career as a lawyer. If I hadn't thought about giving up, I might never have deeply realized my own shortcomings. Choosing persistence again is to believe that you can learn from experience and lessons, give play to your own advantages and specialties, and complete the "transformation" from a trainee lawyer to an excellent practicing lawyer.
In the face of defects or mistakes in work, how to learn lessons; How to overcome the problems of low income, high work intensity and high work pressure in the early stage of internship? According to what I saw and thought in my work this year, I recorded my feelings and experiences.
The second mode of practical lawyer's work experience
After a year's internship, I have increased my knowledge, gradually cultivated into a legal worker who can basically handle daily legal affairs independently, accumulated some work experience, and defined my goal-to be a qualified lawyer. The personal work during the internship is summarized as follows: 1. Participate in handling cases and accumulate experience.
During the one-year internship, I strictly demand that I actively participate in every case I can contact, make various legal documents in time under the guidance of the guiding lawyer, and submit them to the court within the prescribed time limit, assist the lawyer to participate in the trial of the case on time, and organize the file filing in time after the case is closed. Mastered the most basic process of handling cases, learned the legal documents commonly used in the morning, learned how to analyze the case, and learned how to communicate with the parties. In particular, I participated in the internship lawyer training organized by the Lawyers Association, which helped me a lot and benefited me a lot, which enabled me to improve myself in a short time.
Second, strengthen faith and pursue success.
Through the specific lawyer business during the internship, I have a deeper understanding and understanding of the professional norms of lawyers, and the integrity of lawyers and their confidentiality obligations to clients are particularly important. Being honest, doing things seriously, being loyal to facts, being loyal to the law, and providing high-quality legal services to the parties wholeheartedly are the beliefs that should be adhered to at all times, because a case may only be encountered once in a lifetime for the parties, and in their minds, the case is a huge thing for them, so lawyers must treat it with an extremely serious and responsible attitude, comprehensively and carefully analyze the case, consider the influencing factors of the case, and propose practical solutions.
With the rapid development of society, new situations appear constantly, laws are constantly updated and changed, and stagnation is doomed to be eliminated, especially the lawyer industry. For such a learning society, once-and-for-all learning no longer exists, and lasting and efficient learning ability is the basic quality that lawyers must have.
I am very grateful to every senior lawyer I know and every colleague who discusses the problem. It was your help that made me grow up to this day. Although I have just started in this field, I am working hard. I believe I can become a qualified lawyer and a lawyer who can be trusted by my client.
Article 3 Work experience mode of practicing lawyers
Bacon said: "For everything, especially the most difficult thing, people should not expect sowing and harvesting at the same time. In order to make them grow better, there must be a training process. " According to the law of our country, after obtaining the lawyer qualification certificate, you can only be called a real lawyer if you practice in a law firm for one year and pass the internship examination and obtain the practice certificate. I know this year's internship is the cultivation of our country. Thanks to the selfless support of XXX Institute and the patient guidance of intern lawyers, I have gained many business training opportunities. Although the process is full of confusion and hardships, I have persisted in this year in practice and summary again and again and in the experience of my predecessors, and I have gained a lot, mainly in the following aspects: First, litigation business.
During my internship, I fully grasped the characteristics of various litigation businesses and how to make full use of various procedures and rights in litigation to safeguard the legitimate rights and interests of the parties by participating in and reviewing various cases undertaken by law firms. First of all, the first thing I exercise in every case is my ability to analyze cases independently. The analysis of the case is the grasp of the whole case. It is necessary to find out the favorable and unfavorable situations and choose defensive ideas. Then write a cross-examination opinion, which is our view and rebuttal of the other party's evidence. If you write cross-examination opinions directly without choosing defense ideas, you will be at a loss or the written cross-examination opinions will be chaotic or even meaningless. Because of my lack of experience, I won't find many very important things. So after that, I learned to write by myself, and then compared with the instructor, I will find many defects and deficiencies.
Secondly, it improved my trial ability. The court is the battlefield of lawyers and the embodiment of their value. Having participated in many trials, I think I can improve my trial ability from the following aspects: first, for new lawyers, it is inevitable to be nervous when appearing in court, so first of all, I should exercise and improve my psychological quality and not be afraid of losing face when appearing in court; Second, we should constantly improve our language skills. In our daily life, we should listen more and think more. Only through continuous training can we improve our ability. Third, during the trial, we must always concentrate on the case, focusing on the judge's questions and the other party's views. Only in this way can we make a correct and appropriate rebuttal.
Finally, my ability to write proxy words and defense words has improved. After I became more proficient in copywriting, my tutor began to ask me to independently formulate a complete plan needed before the trial, including excerpts, case analysis reports, evidence lists, cross-examination opinions, defense or proxy words before the trial, etc. Then compare it with his plan and improve our ability to grasp the case by comparison. After finishing several proxy words and defense words independently, I think writing a defense word or proxy word should be clear, and you should fully express your views in concise language; Secondly, we should pay attention to our own wording on the basis of respecting facts, laws and each other. Thirdly, we should attach importance to the chain of evidence and learn to use evidence rules to support our own views and refute each other's views.
Second, non-litigation business.
During the internship, I assisted the lawyers in the firm to handle some non-litigation legal business, mainly including providing legal advice, issuing legal opinions, drafting and reviewing various contracts, and participating in customer negotiations.
Since I entered the internship of XXX Law Firm, I have provided legal advice to many clients, and gained a lot: (1) To receive legal advice, you must first have a full understanding of the case. If the client is not clear, you need to ask first. (2) On the basis of a comprehensive understanding of the case, ask the parties what evidence they have. (3) When encountering unfamiliar problems, don't treat the parties as fools. I think you should apologize to the customer first, and then tell the customer realistically that you are not very familiar with the laws and regulations in this field. I need to look at laws and regulations to answer you. Don't be afraid of losing face. After all, you are in the internship stage. Of course, you can also introduce another lawyer to help you answer.
During my internship, my ability to write legal documents has been improved. The legal document course I studied in the university before focused on the study and writing of court documents such as judgments. The contents of lawyers' legal documents are complicated and there is no uniform format. At first, I really didn't know how to start. Later, I learned to sort out all kinds of documents of lawyers in my office and classify them by type. Now I have basically mastered the formats of various documents. However, the writing content and skills of legal documents need to be further studied and improved, and the use of French is not very skilled. In this respect, I need to continue to exercise and improve myself.
The most common thing encountered in internship is the review of various contracts. My senior lawyer told me that contract review is the embodiment of lawyer's value, and the embodiment of a lawyer's professional ability is that the contract you review is different from that of other lawyers. The core content of a contract is the agreement on the rights and obligations of both parties to the contract. When modifying various civil contracts, we should pay special attention to the fact that the rights and obligations clauses must correspond to the liability clauses for breach of contract, and what rights and obligations are agreed upon by the other party must be deducted from the liability for breach of contract. The terms of breach of contract should also correspond to the terms of termination and rescission. The reviewed contract should be able to effectively prevent possible legal risks and protect the legitimate rights and interests of customers as much as possible.
Participating in client negotiations is also one of the important work contents of lawyers. During my internship, I was lucky enough to attend many meetings and negotiations, which provided me with a good exercise opportunity and improved my negotiation ability. Negotiation is an important manifestation of lawyers' personal charm and extensive knowledge. Negotiation is a skill and a profound knowledge. You don't just express your opinion, the key is how to convince the other party to accept your opinion. Before the negotiation, we should have in-depth communication with customers to understand what customers really need. In the process of negotiation, the most important thing is to master the "degree". Business negotiation is usually a negotiation behavior based on mutual benefit. The essence of negotiation is compromise, and the art of negotiation is to grasp the "degree" of compromise. Only by mastering the appropriate scale can negotiation achieve the expected results.
Third, a new understanding of lawyers and lawyers' profession.
One-year internship has made me deeply involved in the lawyer industry, and gradually deepened my superficial understanding of lawyers and lawyers from books and TV. I always thought that as long as I passed the departmental examination and mastered professional legal knowledge, everything would be fine. Later, I discovered that lawyers are actually a very practical profession, and rich practical experience is sometimes more important than profound legal knowledge.
First of all, I have a deeper understanding of the lawyer profession. After a year's internship, I have a deeper understanding and experience of the lawyer profession. Lawyers are a profession that upholds rights. Specifically: (1) safeguard the legitimate rights and interests of the parties; (2) maintaining the correct implementation of the law and social fairness and justice; (3) Promoting social harmony and progress; (4) Maintaining social fairness and justice. In my future legal career, I will put my ideas into action and be loyal to facts and laws.
Secondly, I have a deeper understanding of lawyers' professional ethics. The core of lawyer's professional ethics lies in honesty. Lawyer's integrity is an important basic principle of lawyer's professional ethics. When lawyers publicize, they should standardize publicity. In the process of charging lawyers, it is necessary to standardize the fees. In the process of representing a case, it should be kept confidential for the parties and the state. In the process of handling cases, we should pay attention to the relationship among legal professionals such as judges, prosecutors, police and arbitrators.
Finally, I have a deeper understanding of the lawyer's practice skills. The most fundamental thing is to take facts as the basis and law as the criterion. All cases should be based on the objective facts and evidence of the case and the existing legal provisions. For the objective facts of a case, we must pay attention to the collection and application of evidence, because facts are based on evidence and facts are proved by evidence. Therefore, the collection, submission, use and cross-examination of evidence are very important. We must thoroughly study the substantive law, regulations and judicial interpretation applicable to this case. We must thoroughly understand its legislative purpose, legislative background, legislative spirit, scope of application and conditions, and be very skilled in procedural legal issues.
Law is a very practical subject, and I really understand the meaning of this sentence when I come to the law firm. To do a good job as a lawyer, we must combine theoretical basis with social practice. What you get on paper is superficial and you never know how to do it. In accessible cases, only by observing the lawyer's handling of the case can we find our own lack of knowledge and shallowness of practice. There is no end to learning, and I am willing to find my own shortcomings and gaps. In the office, I help lawyers organize files, code files, write case summaries, find legal basis, and inquire about materials. , and cultivate the ability to independently find, analyze and solve problems, consolidate knowledge and find shortcomings. More importantly, I got exercise and gained a lot of valuable knowledge and wealth.
I am grateful for my internship in the law firm. Every day has been ordinary and full. Although ordinary, I know I am making progress imperceptibly. I sincerely thank every lawyer of Anhui XXX office, the staff of the office, and everyone for their support and help. A new journey is coming, I will pack my bags and start on my way again. I think as long as I have hope and stick to my dream, I will overcome difficulties in my future practice and grow into an excellent practicing lawyer as soon as possible.