Problems and deficiencies of law firms
Problems and deficiencies of law firms, I believe that we have seen the figure of lawyers in the TV series, most people will think that lawyers are a good salary and good reputation of the profession, they want to become lawyers. The following shares the problems and deficiencies of law firms.
Problems and deficiencies in law firms11, the lawyer team personnel are uneven, the overall quality needs to be improved. Since the restoration of China's lawyer system since the rapid development of the lawyer team currently has 110,000 lawyers. But from the recent years, the judicial administrative department investigated and dealt with lawyers in violation of the law, we can easily see, some do not have the basic quality of lawyers also entered the lawyer team they do not talk about the professional ethics of lawyers, only the only party money is the figure.
Some lawyers are keen to do relationship cases, human cases; some lawyers charge for handling cases or charges are not serious about handling the case: some lawyers collect cases privately or receive additional compensation. In the practice of lawyers code of conduct, some lawyers do not talk about politics, one-sided pursuit of economic benefits ignore the social benefits: some lawyers do not prepare for court appearance, court nonsense;
Some lawyers in order to receive the case to engage in irresponsible commitment. These problems occur in a very small number of people, but it seriously affects the image of the lawyer team can be seen in the overall improvement of the quality of lawyers practice has become an urgent need to solve the problem.
2, the law firms internal management imbalance lawyers in their own way. According to incomplete statistics, the country's existing law firms more than 9,000, of which a considerable part of the establishment in recent years, these firms are still in a state of instability. Some of the internal management laxity of some of the partnership of the capital together with the people not together, each partner a book, each person only care about the immediate interests of the formation of the decision-making layer and the core of leadership: in the firm of the party's organizational construction.
Some have not implemented the relationship between the party organization, resulting in the party members of the lawyer's party fee nowhere to pay a long time over the life of the party organization is difficult to play the vanguard role of the party members; there are rules and regulations as a way to cope with the inspection of the competent authorities of the higher level of a setup; there are lawyers stamped with the firm's seal of the blank official letter of the paper, the commissioning contract on the bag where to go to where to bring the case for the private collection of private charges. Provides a convenient condition: some of the financial not open, income less accounted for.
Establishment of off-the-books account some to avoid paying personal income tax, part of the payment of remuneration to the use of expenditure invoices against the phenomenon of remuneration of a variety of invoices all over the place, the firm's internal management system in a virtual void.
3, the phenomenon of fewer and more serious constraints on the scale of the development. China's law firms generally exists in a smaller business volume is not high professional characteristics of the problem is difficult to form. In zhejiang province, for example, the existing practicing lawyers 3887, 434 firms, on average, less than 10 people per. Small firms are difficult to form a combination of professional lawyers, it is difficult to adapt to the legal service specialization, the scale of the requirements of the small and full firms as long as the parties have the need for lawyers to take the case regardless of whether the case can be done, lawyers have become a virtual jack-of-all-trades, "all but not fine.
In the field of litigation, lawyers have become a seller's market, the parties to choose a lawyer's opportunity is greater than the lawyer to choose the parties. Lawyers are tired of running, few opportunities for further study in the long run is not conducive to the lawyer's professional knowledge of the update and improve the level of business, at the same time it is difficult to form the professional characteristics of the firm, not to mention the construction of the scale of the firm on the grade.
4, lawyers have not established a fair and reasonable competition mechanism. Due to the lawyer's personal quality, business level there are differences in most lawyers will still be litigation business as the main business, in order to solicit business there are competing to slander the reputation of peers: some disregard for the industry's image of each other: some specific areas of business (eg, securities, bidding, etc.) is monopolized by some of the lawyers: the customer chooses lawyers with a lot of blind, if the customer does not have contact with a high level of professional ethics and dedication to the lawyer. The client's choice of lawyers is very blind.
It will have a bad impression of the legal profession: the lawyer's fee standard delay in the introduction of the lawyer's fee increases the arbitrariness, both the low-cost competition lawyers, but also full of lawyers, to the negative impact on the community; lawyers have been unfair competition between lawyers, especially non-litigation business expansion has caused a great impediment.
Problems and deficiencies in law firms2First, the director is busy with business, difficult to fulfill the management responsibility
The director of the law firm is the legal representative of the law firm, the director of the statute and the cooperation (partners) meeting of the terms of reference granted to enjoy the full right to manage the director's system of responsibility, the director has the management of the law firm's daily affairs, implement the implementation of the law firm, the director has the responsibility to manage the law firm's daily affairs, implement the implementation of the law firm's daily affairs. Under the director's responsibility system, the director has the responsibility of managing the daily affairs of the law firm, implementing the rules and regulations, and representing the law firm to the outside world. With the continuous expansion of law firms, management affairs of the increasingly heavy, coupled with the competition between lawyers unabated.
The director of the law firm engaged in lawyers business at the same time on the management of the firm will lead to obvious conflicts between the two, either the management of law firms have no time to take care of, or their own lawyers business has been affected by the management of the management of the business which is more important than which is less important? For most of the director, they are both the backbone of the business, but also at the same time is the entrepreneurial big. Some of the director's income in the firm has a significant position.
Therefore, it is impossible to give up the business. To do business, do big business, is bound to be busy, busy in the business will inevitably be negligent management, negligent management, as the supervision and management of the judicial administrative organs certainly do not agree.
This contradiction in some large foreign law firms have made a useful exploration, that is, the management of lawyers and lawyers business is separated, the management of the firm is mainly by the hiring of senior management personnel is responsible for the lawyers from their own not good at the management of the business to free themselves from the business, to put all the time and energy into lawyers business, this is the objective side of the reason. What kind of approach can be taken to alleviate the director engaged in management and business conflicts, but also need to continue to explore and learn from.
second, there are some defects in the internal management mechanism
law firms, regardless of cooperation or partnership, have a set of their own internal management mechanism, analyze the internal management mechanism of several law firms in my area, there are three types of more or less exist some problems. Such as: "collective management" type, this type of partnership in the performance of more prominent, several partners are "boss", strength is relatively balanced, so all grasp **** management, director of the very democratic, major matters are discussed by the partners agreed to implement a veto.
This management is conducive to the formation of synergy, but its defects are gradually exposed, that is, a few partners who have the final say, do not listen to anyone can not do, so as to make any decision are "half a beat slower", conformity, no sense of innovation. There is also a "decentralized", this type of performance in the number of law firms, the director of the busy business at the same time it is difficult to complete all the management of the work, so the division of labor, you manage the administration, I manage the business, he managed the accounting, not only a clear division of labor, but also reduces the burden of the director.
But the disadvantage is that there is not enough communication between the collaborators, there is no effective monitoring mechanism, and each of them has their own way of doing things, and it is easy to appear as an independent kingdom. Another kind of "centralized power", this type of cooperation for personal, office space, office equipment, administrative support staff wages, etc. are funded by the director of a person, the main income generated by the director, other lawyers are employed.
This type of personal law firm prototype, can not be interfered with to realize their own business ideas, but because of certain conditions, the current can not be justified to personal mode of operation, so that the development of the scale is limited, the lack of overall cohesion.
Three, the lawyer team is not stable, affecting the overall development
Currently, most of the lawyers focus on the individual business income generation, "matters of no concern to themselves, high up", to the Institute and other people do not listen to others, the partners, partners, not enough to understand each other, a lack of There is a lack of contact and communication between partners and collaborators. Some will also be due to differences in business ideas and development concepts lead to partnership (for) people do not agree, in the law firm's major issues of disagreement, there is no smoke "war".
Such as law firms first organized, we can also be sweet *** bitter, *** difficulties, so that the business is carried out smoothly. A few years later, there is a certain amount of primitive accumulation, wallet drum up, the problem is more: I want to buy a car, you want to buy office buildings, he wants more distribution, some plans to go to further study, some intend to introduce talent and so on, this different ideas tend to be in the cooperation (partners) between the people in the ambush potential rift, more or less affect the mood of the people.
Once someone to start another stove to realize his own ideals, the original are a blow, resulting in the team's instability. The lack of relative stability of the lawyer team, the flow of personnel is too large, but also affects the overall quality of lawyers, affecting the overall development of law firms.
Fourth, heavy distribution, light accumulation, short-term behavior is more prominent
Some law firms and their lawyers lack of long-term goals and intentions, did not correctly deal with the state, law firms and lawyers personal interests of the relationship between the three, driven by the interests of the importance of the personal economic interests of the situation. They did not take the lawyer industry as a career to pursue, to struggle, not as a long-term development intention, but only engaged in lawyers as a means of livelihood or earn money, only focus on personal income distribution.
Some lawyers on the subject of large, high fees for the case to do, and the lower fees for the case of disdain, less or simply do not do, and some lawyers and even charges, charges, charges, charges do not do things or cases irresponsible, causing some dissatisfaction of the parties, damage to the image of the lawyers. Some law firms earn money all part of the lawyer's pockets, all the expenses from the lawyer's personal pockets outward, to engage in the light of the light, neglect or contempt of the law firms necessary property accumulation.
Some law firms in order to encourage more income, in business income to increase the commission, due to heavy distribution, light accumulation, so that the law firms can not carry out the infrastructure and talent training, law firms lack of cohesion and vitality, lawyers have no reserve force, thus affecting the lawyer's cause of healthy and orderly development.
Fifth, the implementation of internal rules and regulations are not in place
Law firms of the various rules and regulations (including the necessary and self-provided), there are more than a dozen, if each law firms are able to strictly according to the system of management, but also to act, law firms of the internal management will not exist so much problem. The internal rules and regulations are not perfect or not implemented is the law firm management is lax ` a most important performance. At present, some law firms although the establishment of rules and regulations, but not sound or imperfect, or some of the system has been outdated, impractical;
Some even if the establishment of a more comprehensive rules and regulations, but did not implement the implementation of the implementation of the judicial administrative departments just to cope with the inspection or to do the appearance of the appearance of the face, in the form of a form or form.
If there are law firms have built a major and difficult cases such as collective discussion of the system, but in practice, it is not well implemented, so that the law firms of lawyers alone on the lack of timely and powerful supervision and guidance, relying on the lawyer's personal ability and level (especially inexperienced lawyers), will inevitably appear to be the case and did not win, and to do a good job in the case and did not do a good job! The situation, so that the legitimate rights and interests of the parties have not been effectively protected, which also leads to dissatisfaction or complaints, affecting the reputation of lawyers.
In short, the internal management of law firms and the quality of the director of the law firm, the firm's management mode, the firm's distribution mechanism, the firm's management system is closely related. In my opinion, to build a good law firm, the director is the key. The director should have high management skills, be able to carry out the resolution of the partners' meeting or the collaborators, be able to complete the day-to-day management affairs positively and proactively, and be able to effectively coordinate the firm's internal and external relations.
Able to put forward constructive suggestions on the management and development direction of the firm, the director should have charisma and cohesion, but also should have a certain spirit of sacrifice. Internal management model is the development of the law firm's basic platform, the platform is not constructed, the other will become a source of water, no wood, and then good will not help, but also can not play a due role.
The stability of the lawyer team is the core of the development of the firm, only to deal with the relationship between lawyers and lawyers, lawyers and law firms, to solve the cooperation (partners) between the distribution of benefits, the formation of stable, united, efficient team, the development of law firms can be fast and smooth.
The rules and regulations of the law firm management system is an important source of power for the development of the firm, only the establishment of a perfect, practical, coordinated management system system, and implementation, in order to enhance the management level of the firm, give full play to the enthusiasm of the lawyers, and promote the overall development of the firm.
Problems and deficiencies in law firms31, how about the treatment of lawyers?
Decide your treatment mainly have these, first, you receive the number of cases, second, you close the case of the type, third, you receive the case of the amount of the subject. Different cases of different charges, you want to live a good life, in addition to the public prosecutors and law enforcement agencies are familiar with the outside, but also to recognize some of the big bosses, so that you take the number of cases will naturally increase more, especially with the public prosecutors and law enforcement relations, must be good.
In addition, the type of cases you take also have different charges, criminal cases are 5000-8000, civil cases are more and more involved in the amount to calculate the amount of the case, you if you can take a few tens of millions of dollars in the amount of the case, you can be very elegant over a year, of course, these cases are not so good to fight, and often need to be engaged in a few people together.
The last thing is, you have to get rich, you have to fight civil lawsuits, because this is fast money, but at the same time you are very hard. Our words to provide you with reference, I hope to help you a little bit, but the road how to go, you see for yourself.
2, the current average monthly salary of lawyers is how much
Lawyers in Shanghai, Beijing, the monthly income (in the law firm to do) in the average of more than 12000. Even assistants, there are 5000-6000 yuan.
Famous lawyers earn more, not by monthly salary, but on the hourly rate. Oh.
3.
Do litigation lawyers income is not certain, no basic salary, all rely on the case to collect fees, each case to collect special fees are not the same, the lowest case is also five thousand, high tens of thousands of dollars, hundreds of thousands of dollars have. Pure risk agent case agent fee is higher. Do non-litigation lawyers, annual salary of at least one hundred thousand. So, just out of the lawyer also have to charge five thousand dollars a bar, monthly salary is certainly not less than one thousand dollars.
4, the lawyer's salary treatment? The first thing you need to do is to get a good deal of money from the government!
Lawyer fees, mainly depends on the city and the nature of the case. The following is the Shenzhen City, the fee standard. You can refer to it
First, answer legal advice 1, does not involve property relations 80-150 yuan / piece 2, involving general property relations 100-300 yuan / piece 3, involving commercial property relations 200-500 yuan / piece
Second, the production of legal affairs instruments 1, statements, revelations and other general legal instruments 500-2000 yuan / piece 2, indictment 2, indictment, appeal, defense, complaint and other pleadings and applications for arbitration 1000-3000 yuan / piece 3, sub-sheet, wills, gifts and other legal instruments involving property relations 1500-4500 yuan / piece 4, civil contracts, contracts, etc. 2000-5000 yuan / piece, legal instruments in triplicate. If you need to increase the number of copies of another charge.
Third, for criminal cases 1, the investigation stage 2000-10000 yuan / piece 2, the prosecution stage 2500-12000 yuan / piece 3, the first trial stage 3000-15000 yuan / piece 4, did not do the first trial and do the second trial of the case 3000-15000 yuan / piece 5, had to do the first trial and do the second trial of the case 2000-10000 yuan / piece. The case is particularly complex, the impact of particularly significant criminal cases can be negotiated with the parties outside the standard fees.
Fourth, for economic disputes, practicing lawyers to participate in mediation, arbitration, litigation, in addition to charging 500-2500 yuan per case handling fee should also be charged in proportion to the cumulative total of subsections.
Fifth, for civil cases 1, does not involve the property relationship of 2000-5000 yuan / piece 2, involving property relations, according to the standard charges for economic disputes.
V. Handling of civil cases