1, the business direction is different. Non-litigation lawyer, whose main business is company compliance review, ownership structure, company merger and division, merger and reorganization, listing, legal opinions, contract negotiation, etc. , is more commercial. Litigation lawyers have a wide variety of businesses, which are mainly divided into four categories: civil, commercial, administrative and criminal. Their business fields span a large span and are highly differentiated, and it is difficult to integrate with each other. Therefore, litigation lawyers generally only focus on a certain type of business, and it is difficult to take care of both, and it is even more difficult to get straight A.
2. The main battlefield is different. The main battlefield of litigation lawyers is the court, and their opponents include not only lawyers, but also judges and parties. The choice of litigation ideas and strategies has a far-reaching impact on the outcome of litigation, and the main result is the court's judgment or mediation. Non-litigation lawyers basically do not appear in court. Their main battlefields are in offices and conference rooms, attending various meetings, discussing and studying, looking up various materials and modifying various documents. The results of their work are all kinds of copywriting, legal opinions and agreements.
3. Different professional requirements. Litigation lawyers, whose legal relationship is relatively simple, the opinions of the parties in litigation are contradictory, and their improvisation and evidence analysis skills are high, require extremely high professional level, theoretical basis, oral expression ability and on-site response ability. The lawyer's personal ability has a great relationship with the outcome of the lawsuit, which is more suitable for a single lawyer to fight alone or two lawyers to cooperate, not suitable for the confrontation of lawyers and not suitable for the integrated operation of the company. Rather than litigation lawyers, the work content is complex and huge, with obvious procedural and modularity, which requires high writing ability and relatively low theoretical level. Lawyers usually work as a team, perform their duties, carry out assembly line operations, and have obvious characteristics of teamwork.
The requirements for the litigation lawyer examination are as follows:
1, the bar exam, now called the judicial exam, you can buy the outline and exam guide published by the law press, and the most important thing is to do more exercises.
2, meet the following conditions, you can sign up for the national judicial examination:
(1), with China nationality;
(two) support the constitution of People's Republic of China (PRC), enjoy the right to vote and be elected;
(3) Having full capacity for civil conduct;
(4), with a bachelor's degree in law in colleges and universities, or with a bachelor's degree or above in other majors in colleges and universities and with legal professional knowledge;
(5) Good conduct.
3. Persons in any of the following circumstances can't sign up for the exam, and if they have already gone through the registration procedures, the registration is invalid:
(1), who has received criminal punishment for intentional crime;
(2) Being expelled from public office by a state organ or having his lawyer's practice certificate or notary's practice certificate revoked;
(3), was sentenced to two years shall not sign up for the national judicial examination expires or was sentenced to life shall not sign up for the national judicial examination;
(4) Providing false certification materials or obtaining registration by other means.
4. Persons who have obtained a Class A legal professional qualification certificate, or those who have obtained a Class B legal professional qualification certificate but have not yet obtained a bachelor's degree or above in an institution of higher learning may not register for the national judicial examination again.
To sum up, the difference between non-litigation lawyers and litigation lawyers is manifested in three aspects: different business directions, different main battlefields and different professional requirements.
Legal basis:
Article 2 of the Lawyers Law of People's Republic of China (PRC)
The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice.
essay
Lawyers must abide by the Constitution and laws, and abide by lawyers' professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers.
Article 5
To apply for practicing as a lawyer, the following conditions shall be met:
(a) support the constitution of People's Republic of China (PRC);
(2) Obtaining the legal professional qualification through the national unified legal professional qualification examination;
(3) Having worked as an intern in a law firm for one year;
(4) Good conduct.
The national unified judicial examination certificate and lawyer qualification certificate obtained before the implementation of the national unified legal professional qualification examination have the same effect as the national unified legal professional qualification certificate.