How to be a good government legal adviser
As a practicing lawyer, I don't think it is easy to be a good legal adviser to the government or government leaders. How to do it well? I have the following experience. First, being a good lawyer is the first. Because the administrative experience of government leaders is much richer than that of lawyers, and there is a huge administrative team, the government does not need our lawyers to be administrative personnel, but legal persons who provide legal support for the government. So how to be a good legal person? I think: first, be a person familiar with the law. It is often urgent for government leaders to seek the support of lawyers, so you need to give your advice immediately. If we are not familiar with the law and can't let the leaders make timely decisions or arrange work, it will damage the image of lawyers, and the government may no longer hire you as a consultant. Although it is impossible for ordinary lawyers to be familiar with various laws, the requirements for government consultants are different. Therefore, as a government consultant lawyer, he should be fully familiar with administrative, economic, civil and criminal legal knowledge. Second, be a person who uses the law. Familiarity with legal knowledge is the premise, and the key is to use it. We should be able to apply our familiar legal knowledge to all the work or specific affairs that the government may involve. Sometimes the government needs to use administrative, economic and legal means when dealing with certain problems. Then, as a government consultant, you should be able to know the provisions of the law like the back of your hand, use your legal knowledge and make full use of legal means. It would be very sad if the teapot boiled jiaozi-it wouldn't pour out. Third, be a person who is good at giving legal advice. When there are legal obstacles in the decision-making of the government or leaders, as the government's consultant lawyers, they are obliged to express their opinions. However, it is not enough to dare to make suggestions, but also to be good at making suggestions. Government leaders are tired and sometimes in a bad mood when they deal with complicated administrative affairs every day. If we don't pay attention to ways and means when expressing our opinions, we may be self-defeating. If we come straight to the point and only put forward our own opinions, whether they are adopted or not, it will violate our professional ethics and discipline, and second, such lawyers will definitely be removed from the list of government legal advisers afterwards. Second, handle the two relationships. First, handle the relationship between policy and law. Government leaders often pay more attention to policy issues and spend a lot of experience to consider how the superior policies are implemented locally, how to fully strive for policies and use them to promote the sound and rapid development of the local economy. Lawyers tend to consider more legal issues and analyze things from a legal perspective. In dealing with the legal affairs of the government, if some things are only from the legal point of view, although one problem can be solved legally, several other problems will arise. In the process of dealing with government affairs, the government does not want to replace one contradiction with another, let alone several other contradictions. Therefore, the government consultant lawyer must think about the problem from the perspective of the government and put forward legal opinions on this basis. Comrade Yongkang put forward at the national lawyers' work conference that "the legal effect, social effect and political effect should be unified" is a different view, which should be deeply understood. Second, we should handle the relationship between personal business and consulting work. Lawyer's business scope is many, and government legal adviser is only one of them, even a small part. But in terms of importance, sometimes a government business is much more important than many other businesses. In addition, the time of leadership is limited and the activities are tight. There are some unexpected events, and the consultant will be notified temporarily to participate. This requires us to weigh and deal with it flexibly. If conditions permit, we should still participate in government activities in time. If a lawyer ignores the status of government legal adviser because of his business, I dare say that this lawyer can't do it. Government lawyers and consultants need to make some sacrifices in one aspect, not to mention that "giving up" and "getting" are not completely separated. Third, grasp three concepts. First, I am proud to be a government consultant lawyer. We should build a socialist country ruled by law. But the undeniable reality is that China is still an identity society, a relationship society and a power society. A county has only a few county heads and deputy county heads, and a province has only a few governors and deputy governors. We can provide legal services for government leaders, which should be regarded as an honor at first. Some lawyers attach too much importance to the economy, and often put forward economic remuneration before doing anything, and some even don't want to do special things. I dare say that a lawyer who despises honor and is bent on money is definitely not a qualified lawyer. Second, it is our duty to be a government consultant lawyer. There is a dialectical relationship between taking things seriously and treating people as people. When you take things seriously, you will treat you as a person; If you don't take things seriously, you will be treated as people. As government consultants, we should have a heavier sense of responsibility than dealing with personal affairs. We know this very well. In reality, some of our consulting lawyers only "look around and ask questions" about the government's consulting business, and do not devote themselves to research; Treat government cases in court, and don't take winning seriously. Some people even think that it doesn't matter if the "public" of the government loses the lawsuit. This is both against professional ethics and completely irresponsible. Third, the mission is to be a government consultant lawyer. This is a higher requirement than responsibility. What is the duty of a lawyer? I think there are two aspects: one is to safeguard the legitimate rights and interests of the parties; The second is to maintain the correct implementation of the law. As a government adviser. On the one hand, we should safeguard the legitimate rights and interests of the government, on the other hand, we should help the government to administer according to law. This is consistent with the above-mentioned courage and good at making suggestions. As a government consultant lawyer, we can't be sorry for the expectations of the society for lawyers, nor can we be sorry for the honor of "government legal adviser". Can a lawyer be called a legal person if he pursues social rule of law, fairness and justice on the one hand and indulges in trampling on rights and illegal administration on the other? !