I. Why I want to be a lawyer?
First of all, my ideal of wanting to be a lawyer comes from the pursuit of justice since I was a child? Then, what is justice? Justice is an ancient concept, as Justinian pointed out in his admired Ladder of Jurisprudence: "Justice is this firm and constant desire to give every man his due rights." Roman law states, "Law is the art of goodness and justice."" Jurisprudence is the knowledge of divine and human things, the science of justice and injustice." (1) The profession of lawyer is oriented towards the realization of justice as a professional value, and Article 1 of the Japanese Lawyers Law stipulates at the outset: "A lawyer has the mission of upholding basic human rights and realizing social justice. A lawyer must perform his or her duties honestly and honestly in accordance with the above mission, and strive to maintain social order and improve the legal system. (2) "Lawyers are freelance professionals who provide legal services to society with their specialized knowledge. When the market and social subjects, whether individuals, legal organizations and even government agencies, encountered legal problems, lawyers with their legal knowledge, legal training, the formation of legal thinking and abide by the professional ethics, such as a plate of scattered facts in the sorting out of a clear legal logic, and quickly put forward the legal solution to the problem, through the debate and the issuance of legal advice, to protect the legal rights and interests of the parties. Legal rights and interests (3). It can be seen that the process of practicing lawyers is also the process of realizing justice. If there is no lawyer, the party will be alone to face the strong public prosecutor and like a tiger police, mountains of case files, like a sea of cases, obscure legal provisions, the individual's rights are also in jeopardy, the law of justice and how to talk about it?
Secondly, lawyers are a very attractive profession. The lawyer's work is very challenging, the individual's ability to high requirements, become a good lawyer, is undoubtedly a sign of their own development, self-realization. Lawyers Lawyers are the elite in society, with high status and prestige. Most U.S. presidents have received varying degrees of legal training. According to statistics, in the first hundred years of U.S. history, about two-thirds of the senators, generally more than members of the House of Representatives and more than half of the governors are lawyers. The framers of the U.S. Constitution, almost two-thirds of the legal profession, proclaiming "all men are created equal," the "Declaration of Independence" that is from the then lawyer Tomas Jaferson's hand, and in the "Declaration of Independence" on the signing of the 26 people, 25 of them are lawyers. It is in this sense, Tocqueville in his "on democracy in the United States" pointed out that: "in the United States ...... lawyers constitute the highest political class and the most highly educated part of society ...... if someone asks me who is the aristocracy of the United States, I will not hesitate to answer: Never the rich who have no ****ing ties to each other, but the judges and the lawyers." In a society governed by the rule of law, lawyers are the guardians of individual rights, the defenders of the rule of law and the equalizers of society. And of course there is the generous income commensurate with the lawyer's ability and social status and prestige (4). Lawyers are one of the high-income professions. Successful lawyers mean middle class, fancy cars and mansions.
Two, The making of a lawyer
A good lawyer should, first of all, have the ability to express himself well. This is a lawyer must have, the most basic, the most obvious quality. Including oral expression ability and written expression ability. Oral expression is divided into discernment and theory, discernment and the prosecutor or the other side of the lawyer in the court debate on the sword, mouth and eloquent; On the case statement and summarize the statement and so on the lengthy argument, can talk, talk, organized, voice and emotion, at the critical moment to impress the jury and the judge. Written expression ability is equally important, in practice, lawyers have to draft a variety of legal documents: subtle litigation claims, ups and downs of the legal opinion, silk and layers of tightly pressed statement. Written documents, if there is no proper way of expression, will affect the realization of the legal rights of the parties. Secondly, it is necessary to have excellent legal professionalism. Including legal education accumulated basic knowledge of legal theory, legal professional training formed in the legal principles of the legal provisions of the precise grasp and rational use, and more importantly, in the long-term legal culture under the cultivation of the lawyer's way of thinking. As an american jurist said: "think like lawyers." what is the thinking of lawyers? Lawyers should be what kind of thinking? A lawyer's thinking should have these characteristics: a lawyer's thinking should be rigorous, diversified, sharp and creative (5). Only specialized knowledge is not enough to be a successful lawyer. In the market diversification, division of labor specialization, the rapid development of modern society, the division of labor of legal services is also more and more detailed, each lawyer's business involves a specific industrial field, if you do not have to change the industrial field of some of the basic knowledge, it is impossible to carry out business. Some areas of specialized, technical knowledge requirements are very high, such as maritime commerce, securities, insurance, taxation, foreign trade, intellectual property rights. A good lawyer is bound to be one who abides by professional ethics. The most important of which is to maintain independence. Lawyer is to provide legal services to the community of freelancers, is to provide services to the political state and civil society as an intermediary, from the point of view of the state and society in harmony with each other **** at the point of view, this intermediary service is particularly important, in the process of modernization, the state and society in the political tensions are ubiquitous, lawyers of the legal service activities to a certain degree makes a party (especially the The legal service activities of lawyers to a certain extent enable a party (especially a weak party) to take legal measures to solve problems, instead of choosing to be over-aggressive or even a violent means of both sides of the fence. It is in this sense that lawyers can be said to be the social buffer and balancer. Lawyers have this important role to make the independence of lawyers has a meaning that can not be ignored. Lawyers must maintain independence between the political state and civil society, to avoid accommodating the special interests of either side, intensifying social conflicts, in order to maintain social stability, to achieve maximum social justice. There are three types of lawyer independence: 1. Self-management of associations. The lawyer class enjoys the right of self-government. Lawyers' associations can manage their own affairs autonomously without outside interference.2. Control of working conditions. Lawyers autonomously decide which client to represent and what kind of case to represent, how to allocate time between the client and other matters, what kind of strategy and tactics to adopt in order to win the case, etc. 3. Political independence. That is, to remain independent between the state and the client. Independence from the state, i.e., a free defense concept. It means that when a lawyer defends the rights of an individual, the lawyer must defend the interests of the client without outside interference, especially from state officials. The concept of free defense asserts that the law should allow lawyers, especially criminal defense lawyers, to defend the interests of their clients. Indeed, lawyers should enjoy a feudal center of power like a feudal baron. They are neither dependent on the consul nor on the judge, and in some respects lawyers enjoy broader rights than public prosecutors or police officers. They were expected, even encouraged, to exploit every loophole in the law, every error and oversight in the tactics of their opponents, and every interpretation of the law or the facts in defense of their clients. This system is oriented in such a way that maintaining the integrity of the process of protecting rights is more important than convicting or enforcing substantive law." There should be no fear that the realization of government policy will be impeded without advocating for the client's interests. (6) "Lawyers, as an independent class, should neither be dependent on a powerful state apparatus to oppress isolated individuals, nor should they be willing to become subordinate to their clients for their own self-interests, or even to stand in opposition to public * * * interests. Lawyers should be independent of the various special interests in civil society, including the interests of their clients who should have sole power over them. The parties are always blind and rich in luck, the pursuit of their own interests maximization, will not consider whether the interests he pursues the lawfulness of the interests of the public * * *. Therefore. Lawyers should maintain a careful and independent relationship with the parties, that is, with the purpose of the parties to maintain a certain professional distance, do not have emotional ties with the parties, do not gullibly believe every thing they state, do not take their assumptions as a cause of action - otherwise, the lawyer will lose the ability to objectively analyze and deal with the problem. This principle is in part to preserve the effectiveness of the lawyer's defense. If lawyers align their interests too closely with those of one party, they will not be credible in other cases when defending clients in opposite situations. But more importantly, the principle reveals the notion that while lawyers are paid for the services they provide, their character and beliefs are not (7). There is a limit to the amount of loyalty a client will receive in exchange for money, for there is also an element of the lawyer's professional personality that contributes to the public * * * cause. When a lawyer defends his client's interests, he is defending his belief in the pursuit of justice, and the commission is only a by-product, and the lawyer should not do whatever it takes to realize his client's interests in order to get paid. Only in this way can the image, social status and reputation of lawyers be maintained. Lawyers should also know how to compromise. The law itself is the product of compromise, the use of the law for the client's lawyer should of course master the art of compromise. A good lawyer should also have excellent communication skills. Lawyers have to deal with a variety of people, to deal with a variety of things and relationships, no over the top communication methods will not be able to coordinate a variety of relationships, to do a good job in business.