We all know the judicial examination and the lawyer qualification examination, but do you know the difference between the judicial examination and the lawyer qualification examination? Come and see with me!
1. Comparison of the preparation stages before undertaking a case.
There are many books to prepare for the exam, either three, other books, or a training class. To become a lawyer, you must first be prepared to handle cases. In order to take on this case, publicity and promotion are needed. There are many ways to publicize and promote the law, such as online promotion, advertising on TV stations, radio stations, newspapers, renting a venue somewhere and pretending to promote the law for free, etc. What we mainly talk about here is the preparation stage before the parties come.
1. Skirt. Professionalism and casual attire are the hallmarks of white-collar workers and bosses, but foreign and Hong Kong and Taiwan film and television dramas have given lawyers a positioning of attire and professional attire. The more professional you are, the more serious you are. In addition, in spring, summer, autumn and winter, try to change different clothes every day, and show yourself in front of the client with a new attitude every day!
2. Telephone consultation. ? Three aspects? Logical sequence of consultation: 1. Polite phrases Hello, I am a lawyer from a law firm. What can I do for you? Then what? Hello! Thank you for your trust. Due to the limitations of the telephone conversation, I can only briefly describe your problem from three aspects…. Chinese traditional culture? One life, two lives, two lives, three lives, three lives, everything? , always explain it from three points. Then notify the party concerned that in order to be responsible for your case, the phone number cannot be reached. Could you please come directly to our office for an interview? My consultation fee is 2,000 yuan/hour. Because of your phone appointment, it has been changed to free consultation! ?
3. Face-to-face consultation. Solemn temperament; magnificent; strong aura... This requires extensive knowledge and daily accumulation. otherwise,? I have no idea? ,?Let me see this book, huh? Basically, lawyers who ask questions without understanding and read books will fail in the first consultation. Over and over again? I have no idea? , causing his morale to drop, and he has been unable to recover since then, and his spiritual practice career is basically over. Being a lawyer is a lifelong learning profession. Faced with the ever-changing introduction of new laws and the ineffectiveness of old laws, it is impossible not to learn. You must not only study law, but also become a saint, otherwise you will face various problems from the parties involved. I have no idea?
4. Practical background. Practical context is important. The public service backgrounds of university teachers, returned overseas students from prestigious universities, judges, prosecutors, and police officers have created a strong career atmosphere over the years and are also living advertisements for law firms. At the same time, all parties trust me and I have confidence.
2. Strategy comparison.
Exams require strategies. What kind of books should I choose? Three major books, other panacea books, big or small, or training for the unified examination. If you make strategic mistakes, your chances of being admitted are slim.
Lawyer’s strategy. It’s not a lawsuit, so I won’t mention it for now. I’ll just talk about litigation cases. After accepting a lawsuit, the choice of cause of action is very particular. Like is a civil case an option? Private lending? Or choice? Unjust enrichment? From the perspective of consideration, the issue should be considered from a series of perspectives such as the judge's perspective, economic benefits, convenience of litigation jurisdiction (people are selfish animals), possibility of winning the lawsuit, and convenience of execution. Make a comprehensive comparative analysis of unjust enrichment and private lending before deciding which cause of action to choose. There is no choice of cause of action in criminal cases, but choice? Plea? ,?Redefense of crimes and misdemeanors? Looking for various laws and regulations that are beneficial to the parties and considering them comprehensively? How will a judge consider this issue? It is very important to consider the matter from the judge's perspective.
In civil cases, after selecting the cause of action, the next step is to maintain the client relationship, while preventing our clients from making mistakes when there are multiple parties on both sides, and preventing our witnesses from making mistakes. Not only do you have to rehearse in front of the court and how to cooperate with the lawyers, but you also have to organize everyone's speeches to make sure there are no mistakes. Witness testimony should be prepared by the witness. Strive to seek truth from facts, and attorneys cannot modify or participate. The other party will often find that our witnesses, such as Witness 11, will question the other party when they present their own statements. The judge also understands the other party's implication and will question the witness vaguely.
Who prepared the speech for you? At this moment, the lawyer's psychological quality must be extremely strong and absolutely nonchalant, after all we? If you don’t do anything wrong, aren’t you afraid of ghosts knocking on your door? .
A responsible lawyer will reveal the core facts of the case when handling the case. How to apply the law must also patiently explain the parties' incomprehension or even misunderstanding. For example, when the court hearing is delayed, when the judge has 800 cases, the parties will misunderstand their attorneys, and the other party will even collude with the judge to deliberately delay; pressure, prompting lawyers to urge the court to open as soon as possible. Even if you are heartbroken, you still have to be numb to the various difficulties of the parties involved, and you still have to focus on the case.
3. Comparison in actual combat.
The battlefield for exams is in the examination room, and the battlefield for lawyers is in the court. After the above preparations and strategies, we have reached the stage of hand-to-hand combat.
1. Traps are everywhere. In the examination room, there are a sea of ??questions and traps everywhere; in the court, there are many things, and there are many traps between the opposing lawyers and the opposing parties.
2. Quick response. In the examination room, my response was slow and I couldn't finish the questions. You need your usual speed training, such as doing housework quickly, walking quickly, and moving quickly. In court, the opponent's ever-changing evidence even pushed a trolley. Not only do judges break down, so do our clients, but lawyers don’t. Or ask the court to adjourn the hearing, or respond quickly in court? legality? ,?correlation and? objectivity? Provide cross-examination opinions.
3. The ability to adapt to changing situations. In the examination room, it is a court rehearsal, a military exercise, and a game of psychological quality. Always believe in yourself? I'm the best! ? In court, respect the judge, the other party and other litigation participants, but come from the inner self-confidence. Invincible! ? Alone for failure! ? In this strong atmosphere of self-confidence, we can calmly face all unexpected new situations and problems.
4. Games. In the examination room, memory, understanding, logical thinking, imagination, innovation, etc. are all developed one by one. In the examination room, the memory of the candidates is tested. The memory ability is vast. If you don’t have memory, don’t take the test. Memory is the most important thing in exams. Then, the examination room tests your usual understanding of laws and regulations. Logical thinking ability, there are four answers to ABCD. Each answer has seemingly reasonable elements. How to quickly think logically in the vast sea of ??questions and give up first? Favorite? The answer, the most like answer, is for the chronically retarded? Pie in the sky? Punish those who take shortcuts. Every answer in the judicial examination cannot be answered in one step. Do you need to calm down? Removing the rough and retaining the essence, removing the false and retaining the true, from here to there, from the outside to the inside? Analyze layer by layer. Imagine that in the examination room, imagine that you are a battlefield commander and soldier, and that you must pass. Innovation is important in answers, especially subjective questions, not just in your head? books? Use it whenever you want. This is the basis of strong memory. And imagine that your excellent answers are appreciated by the examiner, with novel ideas, clear logic, and interlocking links. Without memory, understanding, logical thinking, imagination and innovation, you will not be able to cope with future courts and basically will not be able to pass the judicial examination.
In court, various situations that occur in the examination room may appear in court, and they are more serious and complex than the games in the examination room. Confidence in court is the magic weapon to win. Never give up and never give up. You must fully demonstrate your talents to the judge and consider issues from the judge's perspective. What does the judge think? What does the judge think? ! Why should we study the judge’s judgment carefully and calmly? We think about the judges all the time and put ourselves in other people’s shoes. No matter what happens between the opposing lawyer and the client, the attorney instructs the client not to panic or be provoked. We will only talk to the judge, present the facts and be reasonable. The whole court is a process of persuading the judge, not a fight. Even our eyes are only focused on the judges...? .
Four. Performance comparison after actual combat.
After leaving the examination room, most people will check their answers with others. After the exam, I was criticized by my sister who was taking the judicial exam in another exam room. it's over. You are different from all of us. You can't pass the exam.
Try again next year! ? I was also very depressed. Why am I different from others? Depressed, Zero? As a result, I almost got a perfect score. Can I pass the judicial examination to find out the truth? The truth is in the hands of a few people! People must have their own opinions and believe in themselves! ?
After the trial, it is necessary to summarize experiences and lessons with the parties, communicate with the judge in a timely manner, take back the trial transcripts, and remind the judge to make corrections in a timely manner if errors are found in the transcripts. At the same time, court trial transcripts do not require proof and have almost the same status as judgments and mediation documents in terms of evidentiary effect.
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