Having said that, it is inevitable to cause a sigh from laymen. It's actually a little bloody. But this kind of thing can be said to be commonplace in the lawyer circle for many reasons. Friends who know the lawyer industry know that if you want to pass the "Judicial Examination" (now renamed "Legal Professional Qualification Examination") and become a formal lawyer, you need to successfully join a law firm. During the internship in a law firm, after applying for internship, internship training, written examination, interview, interview assessment, practice and other procedures to the local lawyers association, you can successfully obtain a lawyer's practice license.
First of all, let's start by finding the internship firm we like. The number of practicing lawyers in China has exceeded 400,000 this year. According to the plan of the Ministry of Justice, the number will reach 600,000 in the next two years. Indeed, the rule of law in China cannot be separated from the promotion of the lawyer industry. But there is a logical misunderstanding here, that is, the lawyer industry is not the fundamental driving force for promoting the rule of law at present. In China, where the official standard is serious, rationality is far more important than jurisprudence, and nepotism is deeply rooted, the power that lawyers can exert is extremely limited. As far as Beishangguangshen, which is at the forefront of the judicial environment, the first choice for most customers is to find relationships, especially government resources. According to statistics, the total GDP of China's lawyer industry is about 6/10000, and the proportion of industry income in GDP is only 1% in Britain and America. In the industry, there is a serious "28 law" problem, even the "19 law" is not an exaggeration. The so-called tall and respected barristers in TV series are only about 10% of the top lawyers in the industry, and most lawyers are still looking for the source of the case. Because the source of the case is unstable and the income is not high, in order to save money, hiring an intern lawyer not only means an extra fee, but also means that most young lawyers who just started out lack practical skills and basic skills, which means that the instructor needs to spend a lot of energy to guide and train them. Therefore, most lawyers are reluctant to hire paralegals, and even if they do, they prefer to hire workers with one or two years of peer experience. In addition, due to the low threshold of the legal professional qualification examination, perhaps because they are dissatisfied with the current work situation or exaggerated by the film and television plot, a large number of illegal scholars successfully pass the judicial examination every year and join the ranks of trainee lawyers, further increasing the base of the trainee lawyers. Therefore, it is difficult enough to find a law firm, and it is even more difficult to find a favorite law firm, which invisibly reduces the workplace status of intern lawyers and improves the selection criteria of law firms. According to statistics, the average internship salary of intern lawyers in most first-tier cities is about 3000 to 4000,8000 to 10000 or even higher job opportunities. Only a few lucky people with rich work experience, outstanding comprehensive ability or excellent academic background can be favored. What's more, some intern lawyers need to pay management fees or affiliated fees to the law firm in order to get internship opportunities. In fact, most internship opportunities can only be obtained through the recommendation and introduction of acquaintances, except for a few relationships.
Secondly, talk about the examination of the Lawyers Association. A trainee lawyer needs to go through a one-year internship training period, which does not mean that it really takes only one year for a trainee lawyer to obtain a lawyer's qualification certificate. As mentioned above, the business of law firms is highly competitive. Under the circumstance that the development of the industry is limited by the whole judicial, economic and social environment, most lawyers are fighting for limited "cakes". Among them, the interview assessment system formulated by some local lawyers associations is hard to doubt, such as Beijing needs local hukou, Shanghai needs local residence permit, Shenzhen needs 8- 10 cases and so on. Although the general direction does not conflict with the law, it can also strengthen the management of lawyers and improve their practice level, but from another perspective, these preconditions invisibly limit the growth of the number of lawyers and unreasonably extend the internship period of interns. This is also reflected in the program. For example, intern lawyers cannot change law firms during the registration period, otherwise the internship period needs to be recalculated; Intern lawyers need to attend the course training for about one month, and the number of places to participate in the course training is limited. Trainee lawyers need to apply to the Lawyers Association in advance. If they don't apply, it means that they will postpone the next training, which may be about three months apart. Another example is the application for interview assessment. Only when the written test is qualified and the internship materials meet the relevant regulations can you apply for an interview with the Bar Association. However, the number of places for interview and assessment is relatively limited, and it takes more than 2-6 months to queue up. It's hard to get into the interview assessment list, but also face the difficulties of the interviewer. Interview examiners who have the power of life and death of intern lawyers are all selected from local lawyers, and most of them are competitors in the same industry. Inevitably there will be a gap. Even if there is no gap, the interviewer may give the assessment results based on personal subjective likes and dislikes, because the indicators of interview assessment are really broad and subjective, giving the interviewer too much decision-making power. In addition, most of the internal internship assessment committees of the Lawyers Association have set a pass rate, which means that some internship candidates will face the bad luck of failing the assessment every period, and the internship period that fails the assessment must be extended for half a year. So from practice to practice, it takes about one and a half to two years on average.
Finally, talk about the working environment of intern lawyers. The relationship between trainee lawyers and tutors is nominally the relationship between students and teachers. In fact, it is no exaggeration to say that trainee lawyers are the "dogs" of tutors. As mentioned above, the internship opportunities for interns are extremely valuable, interns need to recalculate the internship period when transferring to other places, interns need to follow the teacher with ten cases, and so on. These severe disadvantages have severely squeezed the living space of interns, greatly reduced their expectations of the workplace environment, and further encouraged the arrogance of some tutors. It can be said that the scene of the tutor publicly reprimanding and abusing the intern lawyer is a common thing in the industry, because the status of the two sides is seriously unequal. As a trainee lawyer, you must learn to deal with the relationship with the tutor and create higher value for the teacher. Otherwise, the instructor can fire you at any time; Can be hung on the cold bench at any time, without giving you a chance to practice; Don't sign your application materials at any time ... It can be said that the instructor has thousands of ways to kill you, as long as he wants. I once heard that a lawyer fired his internship assistant directly after his internship expired. Although this is only a few extreme cases, it can be said that intern lawyers have a strong personal attachment to the instructor. Therefore, during the internship, you should not only complete the tasks assigned by the teacher, but also take into account the duties of the teacher's private secretary, such as serving tea, picking up the boss, running errands and so on. There is a joke in the industry that it costs seven or eight thousand yuan to hire a driver, and there is also a company. It's not hard to understand the news that a professor at an Xi University in China used his students as private secretaries and even students committed suicide a few years ago.
In addition, in reality, due to the different roles played by female assistants in society, they are more loyal in their work, gentle and delicate in character, and can maintain their image even if they are taken out to meet clients, which also leads most male lawyers to prefer to hire female assistants. However, due to the nature of the industry, lawyers work most of the time and face greater pressure, so they travel more as followers. You must always be with the coach. Over time, this relationship can easily lead to an appropriate relationship between the instructor and the trainee lawyer. For example, it was revealed that the director of the law firm had an affair with five intern lawyers of the law firm; One morning, a cleaning aunt found a bad photo in the office ... Just think about proper relationship exposed by professors and students in colleges and universities in recent years.
Of course, from the tutor's point of view, it does take some time and energy to train a trainee lawyer. Imagine what it's like to have your hard-earned cabbage dug away by others. This kind of mood is also understandable. After a long period of cost investment, the work rhythm of the two people just fits. In this issue, I never thought that you would just leave when I was expecting you to hold up a sky, expand territory for yourself and share problems, so this is also the reason why some lawyers are unwilling to take interns and why they want to keep interns at low cost.
In view of the length of the article, I won't go into details. In short, every industry has its hardships and work ecology. What we can do while sighing is to protect ourselves and try to change the status quo on the premise of having the ability.