My internship time is from March 12 to April 15. 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. During my internship, I personally contacted the practice of lawyers, actually participated in the litigation process of some cases, and independently completed the writing of several lawyers' daily legal documents. The work experience during the internship is summarized as follows.
I. Practical experience
1, based on facts. Facts speak plainer than words. Lawyer's practice is different from academic research. The difficulty of lawyers in litigation is not to solve how to use the law, but to clarify the objective facts of the case. Sort out the facts of life into legal facts based on the law. Therefore, the lawyer's main job before the trial, in addition to studying the application of the law, is to carefully collect evidence and master the objective facts and evidence basis related to the case. We should attach importance to the probative force of evidence. Try our best to support our facts with evidence. When analyzing evidence, we should make a comprehensive judgment on the evidence of the whole case, and carefully analyze the relationship between the matters to be proved and the evidence. The main task is to check whether the evidence is contradictory; The strength of evidence to prove facts; Whether there is any contradiction between the evidence provided and the claim; As well as the relationship between the evidence and the claim between different facts to be proved, we should grasp the relationship between the evidence and the claim as a whole, and we should not separate the connection between the evidence and examine the evidence in isolation.
For example, a case of personal injury compensation in a traffic accident in Shanghai. One of the plaintiff's claims is to ask the defendant to bear the transportation expenses. The main evidence of the transportation expenses claimed by the plaintiff is two bus tickets worth 400 yuan from Chibi to Shanghai. The indictment does show that the plaintiff's husband arrived at the hospital after the accident. According to the Interpretation of the People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases, the plaintiff's claim can support the necessary transportation expenses. Since the plaintiff's husband is already with the plaintiff, the air ticket for 400 yuan is not a necessary expense. Obviously, there is a contradiction between the facts admitted in the plaintiff's indictment and his claim and the evidence provided, which directly affects the establishment of the claim.
2. Pay attention to trading habits. Law is only a legal abstraction of social life, and it does not exhaust all social life. The law does not clearly stipulate some habits that have no direct impact on social development. In particular, some commercial trading habits may directly determine the rights and obligations of both parties to the transaction without conflict with the law. So pay attention to the trading habits involved in the case. Many times, trading habits may directly affect the outcome of the case.
For example, a house sale dispute, the two sides signed a purchase agreement, and the house has not started since then. Our client requires the other party to bear the responsibility for breach of contract. However, the other party claimed that he did not have a pre-sale permit. According to the Interpretation of the People's Court on Several Issues Concerning the Trial of Commercial Housing Sales Contract Disputes, the contract should be invalid. Our customers have no right to claim liability for breach of contract. We believe that according to trading habits, "placing an order" is different from "ordering", which only reflects a trading intention, not the transaction itself. The object of the contract is not the transfer of the ownership of the house, but the conclusion of the sales contract on the terms agreed in the agreement. Therefore, the purchase agreement does not violate the Interpretation of the People's Court on Several Issues Concerning the Trial of Disputes over Commercial Housing Sales Contracts. The contract is valid and the other party bears the responsibility. This shows the importance of trading habits in litigation.
3, pay attention to the normative legal documents outside the law. According to China's constitutional structure, local governments and people's congresses have the right to formulate administrative regulations and local regulations. Although these provisions are not as effective as the law, they do have normative effect and can be directly used as the legal basis for judgment in litigation, so they are really important in litigation disputes in reality. Moreover, there is a contradiction between the abstraction of law and the certainty of law. In order to ensure the coverage of rules, laws have to express rules in abstract language, which is really far from the objective facts. In most lawsuits, although there are laws that stipulate relevant issues, there is no clear way to solve disputes, and relevant issues are handed over to normative legal documents outside the law. Therefore, we must pay attention to administrative regulations and local regulations in litigation. First of all, we should pay attention to whether the government and people's congress that the court exercises jurisdiction over the case have provisions on the issues involved in the case. Secondly, we should pay attention to whether the industry authorities involved in the case dispute take this as a regulation. Third, analyze whether there are contradictions between various laws and regulations and their effectiveness levels.
For example, the aforementioned compensation for personal injury in traffic accidents mainly involves the following laws: road traffic safety law; The legal interpretations involved are: Interpretation of the People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases; The administrative regulations involved are: Regulations on the Implementation of the Law of the People's Republic of China on Road Traffic Safety, and Provisions on Procedures for Handling Road Traffic Accidents; The local laws and regulations involved are: Regulations on the Application of Shanghai Road Traffic Safety Law; Shanghai Higher People's Court's personal injury compensation standard; "Shanghai State Organs Staff Subsidies for Going Out on Business"
In such disputes, the number of extra-legal normative documents involved is greater than that of legal documents.
Second, litigation skills
Litigation is mental labor, not manual labor. In the lawyer's work, we should pay attention to some technical things besides serious and dedicated work spirit. Flexible use of litigation skills can not only reduce the workload, but also play a multiplier role. During my internship, my work skills mainly include the following aspects:
1. Grasp the relationship between complaints and proxy words. In litigation, proxy words and indictment play different roles and apply to different stages of litigation, so we should pay attention to the differences between them. The purpose of the indictment is to start the proceedings, so the focus is on stating the facts and claims involved in the case. The use of proxy words in court debates is to make the court accept its own views. Its focus is to clearly express the relationship between the legal basis of the litigation request and the facts of the case. Therefore, the two cannot be confused. If the indictment involves the contents of proxy statement too much, it will not only be meaningless, but also reveal our arguments, so that the other party can prepare in advance, which is not conducive to the effective development of our litigation reasons. Similarly, if the power of attorney and the indictment are similar, it is equivalent to giving up the right to argue in court and losing an opportunity to state our litigation claims.
2. Flexible application of evidence rules. The lawyer's main job is to collect evidence related to the case and straighten out the facts of the case. Combing the objective social life into abstract legal facts. The rule of evidence is a tool to abstract objective facts into legal facts. Therefore, lawyers should attach great importance to the application of evidence rules in their work. According to the rules of evidence, we should choose the point of the case, which not only avoids our own burden of proof, but also increases the burden of proof of the other party. For example, according to the rules of civil procedure, different distribution of burden of proof is applied to tort cases and breach of contract cases. Therefore, in the case of creditor's rights conflict, we should choose the most effective way to claim rights, reduce workload and reduce litigation risk.
Third, the writing of legal documents.
1, writing of proxy words. As mentioned above, proxy statement and indictment have different functions. Therefore, the power of attorney should be distinguished from the indictment. The purpose of the power of attorney is to explain the reasons for the claim. In litigation, the reasons are nothing more than factual reasons and legal reasons. Facts are still eloquent, so the focus of proxy words should be a clear expression of the reasons for the facts. At the same time, we should also see that if the judge has a full understanding of the facts of the case, too much involvement in the facts of the case will become hyperactive. At this time, we should pay more attention to the application of the law to save litigation energy. Therefore, we should choose the focus of proxy words according to the judge's understanding of the facts of the case. As for how to know the judge's understanding of the case, it is a matter of working methods. Before the trial, there are many opportunities to contact the judge. For example, in the process of pre-trial marking, the pre-trial adjustment procedure in the simple procedure. The judge's understanding of the case can also be judged according to the content of the questions asked by the judge to both parties during the court session. If the judge lacks understanding of the facts of the case, then the judge's attention can be directed to our litigation request through the statement of the facts.
2. Reconciliation agreements in criminal disputes. In life, many personal injury cases have constituted the standard of criminal filing, but both parties often choose to solve the problem privately instead of resorting to law. In most of these disputes, the injured party paid a considerable amount of damages to the injured party, and the injured party agreed to give up reporting to the public security organ. In order to prevent the return afterwards, the two sides often sign a settlement agreement. According to the principle of civil law, this kind of adjustment agreement belongs to natural debt and has no enforcement effect in contract law. At the same time, the jurisdiction of public security organs and inspection organs cannot be ruled out. But it's not without its merits. Once the other party goes back on his word and files a criminal lawsuit, the identification of the facts in the settlement agreement can be directly applied to the evidence. Due to the signatures of both parties, unless the other party can prove that the settlement agreement was signed under coercion or fraud, it can exist as valid evidence in the evidence rules. This requires that the settlement agreement should pay attention to the statement method of the facts involved. In the agreed settlement agreement, the facts should be blurred as far as possible, and the words of violence should be avoided. At the same time, the terms of the relationship between rights and obligations of both parties should be clear, specific and comprehensive. And don't use too much abstract language.
Summary report on lawyer's work II
In order to put the learned theory into the practice of lawyers and combine theory with practice, I, like all new lawyers, have one year's internship. Receive litigation and non-litigation business training in a law firm, learn experience in handling cases, and how to expand the market and plan a lawyer's career, so as to start another career.
At first, the main job was to help teachers solve related business, including: dealing with the general routine and contact work in the process of lawyer's business activities; The preparatory work before the trial is to prepare for the lawyer to hear the case, so that the litigation agent can complete it smoothly and efficiently; Drafting legal documents under the guidance of lawyers; Conducting or assisting in investigation and evidence collection and case source development, although hard work, I also learned a lot of practical knowledge.
First, after accepting the case, assist the teacher to fill in the file, compile the file, sort out the file, sketch some legal documents within the scope of authority, and ask the teacher to review and give guidance. In the process of sorting out the files, I learned from the cases that have been concluded that there are many typical cases involving the determination of facts, the admissibility of evidence and the determination of responsibilities. I have gradually become familiar with the procedures and processes of civil cases from filing to conclusion.
Second, sit in on the case. The trial of the case is not as full of heated debates as we thought. School mock trial is generally a criminal case, which pays more attention to procedure and the trial is more serious. However, in practice, civil trials are flexible while resolving and reconciling the contradictions between the two sides through procedures.
Thirdly, in the process of following the teacher to the legal aid center, industrial and commercial bureau, police station and other departments to investigate and collect evidence, we deeply realized that the case materials obtained by lawyers through marking papers are very limited. For example, the law has many restrictions on lawyers collecting evidence from victims and witnesses, and one year's practice has also made many lawyers aware of the occupational risks of handling cases.
Fourth, theory is often divorced from practical work, which is often a common problem. This makes us deeply realize that law is a very practical subject, and there is indeed a distance between law education and practice. In this regard, we seize every opportunity to improve our professional quality and promote the transformation of knowledge into practice.
Summary report on lawyer's work 3
Over the past year, I have been strict with myself ideologically according to party member standards. Hard work, down-to-earth work style, and successful completion of various tasks assigned by the law firm. After accepting the entrustment of the client, I went all out to handle the case and worked hard. The main situation is summarized as follows:
I always keep in mind the purpose of serving the people and understand my responsibilities. Actively participate in grassroots legal services, go deep into rural areas and communities, play an exemplary role in work, and set an example for the majority of workers. At the same time, seriously study relevant business knowledge, update their own legal system, and constantly improve their theoretical level, case handling level and comprehensive quality.
In the work, around the central work formulated by the law firm at the beginning of the year, we should be strict with ourselves according to relevant standards in order to complete various tasks. This year, we have mainly completed the following work:
1. Publicize laws in rural areas and communities, provide free legal advice for migrant workers, and deliver laws to fields and doorsteps.
2. Go deep into the enterprise, explain legal knowledge to unit leaders and employees, provide accurate legal advice for enterprise leaders to make decisions, and guide employees to safeguard their legitimate rights and interests according to law.
3. Insist on going to the Bureau of Letters and Calls to accept the law-related consultation of visiting people and provide unimpeded judicial relief channels for visiting people.
4. Seriously handle all kinds of legal affairs assigned by the unit, braved the cold and went on a business trip to _ _ and other areas in the cold winter, tirelessly begged for the cheated payment for _ _ textile factory, visited dozens of units to investigate and collect evidence, and reported the case to the people's congress and higher people's court of the autonomous region through various legal channels before returning. This meticulous and diligent practical spirit has been well received by the leaders.
Style, can abide by the rules and discipline, unite with colleagues, seek truth from facts, optimistic, always maintain a rigorous and serious work attitude and meticulous work style, hard work. Carry forward the fine tradition of hard work and helpfulness in life, always be honest and trustworthy, diligent and thrifty, always bear in mind the responsibilities and obligations of lawyers, be strict with yourself and always play an exemplary role.
Therefore, I will work harder, study hard, improve my cultural quality and lawyer's working skills, and make due contributions to building Socialism with Chinese characteristics's legal system, building a harmonious society and enhancing the lawyer's image.
Summary report on lawyer's work 4
As a small town lawyer, the cases that 20_ took over are still small cases, and the business expenses mean a slight increase, so it is impossible to make great progress. "Although the sparrow is filial, there are still several typical cases in my case. For example, after I accepted the case entrusted by _ _, I instructed the client to negotiate with the people's government of _ town first, and the government of _ town gave some compensation, but the two sides did not sign a written agreement. After that, I took the strategy of diverting my sight and went to the kindergarten in the center of the town to find the teacher, and formed written evidence materials. Considering the conflict of interest, I asked teacher _ to personally write a testimony to confirm that the kindergarten did not do a good job in the handover system of children. Judging from the later litigation process, pre-trial preparation and strategy are very important.
In the past 20 years, due to the bottleneck of the legal environment, the expansion of some fields is still faltering, and the number of legal advisers is pitiful, so it is difficult to make great achievements in the litigation field, especially in the criminal litigation field. For me, the non-litigation field seems to be just providing consulting services and lawyers to testify. Therefore, it is inevitable to complain, and it is not surprising to be pessimistic about the rule of law process. I admire the courage of lawyers such as _, _, _, and also admire some lawyers with bulging pockets for keeping their mouths shut about the construction of social rule of law. Well, I can only be a small-town slick lawyer with a panacea.
In order to better support the family and safeguard the rights and interests of clients, I will also strengthen my study, study law and learn advanced knowledge, even if I have learned it, I will forget it; I will redouble my efforts to expand and climb, even if I take two steps and take three small steps back! We must firmly establish the commendable spirit of repeatedly losing and fighting and not afraid of hitting a wall!
In the past three years of practice, I have maintained a high degree of consistency with the requirements of the CPC Central Committee and the National Lawyers Association for the lawyer industry. Under the leadership of the Municipal Bureau of Justice and the Municipal Lawyers Association, I earnestly and cautiously performed my duties, strictly demanded myself, observed professional ethics and practice discipline, and made great achievements in my business and made new progress in my lawyer business. The breakdown is as follows:
I. Development of various lawyer businesses
1, ideological and moral aspects. In work and study, we should conscientiously study and implement the principles and policies formulated by the party and the state. In the study activities in Scientific Outlook on Development, I can take part in the activities organized by our college with a positive attitude, check my work and write down my study experience. Especially after studying the spirit seriously, I have strengthened my goal: serving the people wholeheartedly.
2. Deal with business. In the past three years, * * * has handled _ civil cases, _ criminal agents, _ administrative cases, _ non-litigation cases, _ legal aid cases and _ consultants. At the same time, the way of handling cases has also made great breakthroughs. Solving litigation problems by non-litigation means not only reduces the litigation burden of the parties, but also properly resolves social contradictions, solves disputes in time, promotes reconciliation between the parties and enhances unity. I actively explored the source of the case and worked hard to serve the parties with my legal professional knowledge and skills, which achieved good economic and social benefits.
3. During my practice as a lawyer, my practice viewpoint has always been correct, and I always consciously adhered to the principle of "loyalty to the law, honesty and trustworthiness, diligence, fair competition and strict self-discipline". So far, there have been no violations of professional ethics and practice discipline, and there have been no complaints against me. I am used to thinking from the perspective of safeguarding the interests of the parties, putting myself in the shoes and trying to safeguard the legitimate rights and interests of the parties without damaging the overall interests of the industry or even the interests of the country. I have never engaged in acts prohibited by laws and regulations under the guise of agency. I can be said to be an excellent lawyer, and I have played a good exemplary role in our school.
Second, the implementation of "_"
In the process of practicing, be loyal to the Constitution and laws, practice for the people, and safeguard the legitimate rights and interests of clients; Seriously abide by the various management systems of _ and this firm, and actively participate in modifying the system and making suggestions; Clearly inform customers of all rights and risks, and do not mislead the parties or make false statements for the business; There is no act of accepting entrustment, charging fees and collecting extra remuneration without permission; There is no act of concealing or underpaying the agency fee from me; There is no act of engaging in business competition by improper means such as derogating, slandering or lowering the charging standard; Strictly follow the business operation rules, and there is no behavior that damages the legitimate rights and interests of the state society and the parties; In the relationship with judges, prosecutors, arbitrators or other staff, there is no meeting outside the workplace, no inviting guests to give gifts, instructing the parties to give gifts or paying bribes, and no asking for property from the parties under the guise of others; Failing to issue false materials and other fraudulent acts to judicial organs; Did not engage in illegal and contrary to the lawyer's professional ethics, civic ethics, damage to the lawyer's professional image.
Third, participate in social welfare activities.
As a lawyer, I am keen on social welfare activities. Actively participated in the legal community activities organized by the municipal and district judicial bureaus, conducted legal publicity lectures _ times, completed legal aid _ items, won the title _ times, and provided legal advice _ times.
Four. Participate in party organization activities
I am party member, the producer party of China. I have always adhered to the leadership of the party and made clear the political direction of the law serving the economy and the people. I actively participated in the activities of Party organizations in our college, conscientiously studied and implemented the relevant principles and policies required by the Party committees at higher levels, made clear the political direction, and improved the political quality. Secondly, we should combine professional discipline, professional ethics and political quality education, put the basic guiding ideology of politics into concrete actions, and give play to party member's leading and safeguarding role in the construction of lawyers.
I not only won the trust and gratitude of the client, but also formed a good social influence with my meticulous and serious handling attitude, skillful handling skills and noble professional ethics. Because of my efforts, I was fortunate to be promoted to director, which is both an affirmation and a spur to me. I will take this opportunity to make persistent efforts to further study legal business and provide better legal services for the society.