Subjectivity of law:
Lawyers can be divided into litigious lawyers and non-litigious lawyers, and can also be divided into lawyers working in domestic-funded firms and lawyers working in foreign-funded firms. For some trainee lawyers, the doubt lies in whether to develop in the direction of litigation or non-litigation, whether to develop in domestic-funded firms or strive to enter foreign-funded firms in the future. First, the entry threshold is not the same as the judicial examination. After one year of internship, you can apply for practice and obtain the qualification of a lawyer. In the future, it depends on whether you choose to be a litigation lawyer or a non-litigation lawyer (to clarify here, there are also foreign-related non-litigation lawyers in domestic firms, but for a person who wants to be a foreign-related non-litigation lawyer, the best choice is definitely a foreign-funded firm, so the foreign-related non-litigation lawyers mentioned in this article refer to foreign-related non-litigation lawyers in foreign-funded firms). On the surface, the entry starting point of litigation lawyers and non-litigation lawyers is the same, but in fact, the entry threshold of foreign-related non-litigation lawyers is much higher. The first is the requirement of foreign languages. Foreign lawyers, foreign lawyers, since they are foreign-related, naturally, foreign language kung fu should be perfect, especially in copywriting. Secondly, the academic requirements are high, and it is best to have a master's degree or a doctor's degree in turtles. Finally, having a license from the United States or Britain and other western countries will make your future in by going up one flight of stairs. Therefore, to become an excellent foreign-related non-litigation lawyer, the preparatory work in the early stage has a long period, a large amount and a high cost, which is not an ideal choice for those who are not well-off. Second, the requirements for people's quality are different. After becoming a foreign-related non-litigation lawyer, his work is mainly reflected in copywriting, and the handling of each case has a strong procedural performance. Therefore, it is particularly important to be careful, patient, comprehensive and rigorous. At the same time, in view of a well-known saying in foreign-funded firms, "It is normal to work overtime until one or two o'clock, and it is often to work overtime until eleven or twelve o'clock" (I have never been to a foreign-funded firm, and I don't know if it is exaggerated), a strong body is also a necessary condition for entering a foreign-funded firm and becoming a foreign-related non-litigation lawyer. For litigators, agile response, profound analytical ability, divergent thinking, good eloquence and strong social activity ability are indispensable (of course, these are all for excellent litigators, and litigators who do not have these qualities abound). From this point of view, litigation lawyers and foreign-related non-litigation lawyers have very different requirements for people's innate quality, and sometimes they can even be said to be somewhat antagonistic. Because a flexible and agile person is often not rigorous enough, and a rigorous person is often a little rigid. Therefore, those who can do well in litigation may not be able to do well in non-litigation, and those who can do well in non-litigation may not be able to do well in litigation. When considering your own choices, it is also very important to correctly evaluate your potential qualities. Third, from the perspective of income, the issue of income may be the most sensitive topic. Many people may not carefully consider all factors when making a choice, but only take income as the standard of consideration. It is generally believed that the income of non-litigation lawyers entering foreign capital is much higher than that of litigation lawyers in general. Of course, it is undeniable that the money earned by foreign-related non-litigation is much higher than that of ordinary domestic-funded firms. Last weekend, I went to a lecture, and the vice president of Shanghai Lawyers Association announced a message that nearly 7,111 lawyers in Shanghai earned 2.6 billion yuan a year, while only a few hundred foreign-funded firms in Shanghai earned more than 2.6 billion yuan. The specific figure is unknown. It can be seen that the per capita income generated by foreign-related institutions can indeed be said to be astronomical. However, perhaps everyone ignores the fact that foreign capital has earned so much money, how much can you get as a migrant worker? There is no doubt that most of the money was taken away by foreign bosses and a very small number of Chinese partners. The average lawyer's income is between several hundred thousand and one million, the better one can exceed one million, and the better one can get millions. For most litigators, a few hundred thousand a year is a very successful lawyer, and a large number of litigators are still running for their own cases and worrying about their own meals. In this comparison, it is true that foreign-related non-litigation lawyers make more money than litigation lawyers, but I want to point out that this comparison misuses the comparison standard. In fact, it is not easy to become an excellent foreign-related non-litigation lawyer. In all foreign-funded firms in Shanghai, there are not many foreign-related non-litigation lawyers who can get 1 million. Therefore, this part of foreign-related non-litigation lawyers with high income is already at the top of the pyramid structure. This part of lawyers themselves have high IQ and EQ, and they have invested a lot in the early stage, and they have accumulated and struggled for a long time in the later stage. In fact, they are the elite in the lawyers' team. How can they make a horizontal comparison with those ordinary litigators and some lawyers who just started out? To compare, we must also compare with the litigators at the top of the pyramid. For another example, I also listened to the vice president of Shanghai Lawyers Association at the lecture last weekend. Recently, a lawyer in Shanghai acted as a risk agent and won the second trial, taking 8 million lawyers' fees. Of course, there are not many such cases in itself, but we can see a problem. Top litigators have high incomes. Therefore, as far as income is concerned, I finally sum up one sentence. On the level of bosses and partners, domestic capital can't compare with foreign capital, and further down, it can't be simply said that foreign-related non-litigation lawyers earn much more than litigation lawyers. 4. From the perspective of professional ability, for a litigator, unless you have reached the realm of specializing in a certain field and specializing in a certain type of lawsuit, usually all types of cases are accepted. The only criterion for judging whether to accept a case is the size of the subject matter. Such a situation can certainly make a litigator more comprehensive, but it will also bring the defects of being unprofessional and lacking in expertise. Relatively speaking, foreign-related non-litigation lawyers usually deal with a certain type of cases, so they will be more professional (the glorious image of this professional elite is also an important factor to attract people). However, because foreign-related non-litigation cases are often complex and huge, they are usually completed by a team, and the individual role in the team is like a small screw, and the whole process is similar to the assembly line production in the factory, and only a small part of it is responsible for. Therefore, unless you are prepared to fight a protracted war in a foreign-funded firm and study, understand and consult very hard at the same time, your professionalism will be very limited, so limited that you are only very familiar with a certain link of a certain type of case. In addition, because foreign-related non-litigation business often involves corporate business, securities business and other economic businesses, and such businesses involve a large number of economic laws and regulations, and relatively little traditional legal theory, therefore, engaging in non-litigation business for a long time may make your basic legal skills and theoretical level decline. Although you are both lawyers, sometimes you may lose your basic judgment as a lawyer in the face of some civil cases in daily life. 5. From the perspective of social status, I can roughly divide successful lawyers into three types. Rich lawyers, famous lawyers, social elite lawyers. Generally speaking, these three classifications are not absolutely independent, either one or the other, but overlap and overlap with each other. Here, I mean the lawyer who has a wide network of contacts, a lot of personal resources, and specializes in the source of cases, but his professional level is not so good. This lawyer is not really a lawyer, but he is rich. Famous lawyers are usually litigation lawyers, with high professional level and profound theoretical foundation, who have become famous through one or two cases with great social influence. Such lawyers are usually famous and rich, but the number is very small. Social elite lawyers are generally foreign lawyers in foreign-funded firms, usually with one or two specialized fields and relatively rich. More importantly, from the perspective of social evaluation, these lawyers give people the impression that they are mostly dressed in suits and ties, high-spirited and in and out of high-end office places, and they make friends with high-level people. Their working languages are both Chinese, English, French, German and Japanese, and they are the image of senior staff and Shanghai. This is related to the tradition formed in the Shanghai era in the old society. Since then, Shanghai has been very good at training senior staff working in foreign firms. Therefore, according to the above analysis, we can get some conclusions on the level of self-evaluation. Generally speaking, foreign-related non-litigation lawyers in foreign-funded firms have higher sense of accomplishment and self-satisfaction than ordinary litigation lawyers. Sixth, this aspect of work pressure is actually difficult to compare. The pressure faced by two different lawyers is also different. Generally speaking, the pressure of non-litigation lawyers may come from the pressure of workload and the pressure of competition with colleagues. The pressure of litigation lawyers comes from the source of the case, the urging of the parties, the bottleneck of the case, and all kinds of possible risks, which are also pressure. Because of different categories, different people may have different reactions to it. Some people may be better at withstanding this pressure, while others may be better at withstanding that pressure. Therefore, we must evaluate ourselves correctly and then make a choice. In civil cases, it is litigation business that accepts agency to appear in court; Non-litigation business is, for example, consulting in a law firm and being responsible for mediation. Non-litigation lawyers are generally engaged in legal counsel, company registration, listing and other industries. Objectivity of law:
Article 28 of the Law of the People's Republic of China on Lawyers
Lawyers may engage in the following businesses:
(1) to be entrusted by natural persons, legal persons or other organizations as legal advisers;
(2) accepting the entrustment of the parties in civil cases and administrative cases, acting as agents and participating in litigation;
(3) accepting the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies according to law to act as defenders, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to act as agents and participate in litigation;
(4) to accept the entrustment and represent the appeals of various litigation cases;
(5) accepting entrustment and participating in mediation and arbitration activities;
(6) accepting entrustment to provide non-litigation legal services;
(7) Answering legal inquiries, writing litigation documents and other documents related to legal affairs.