If you are a practicing lawyer, it means that you have to fight against heaven, earth, people, law, fame and interests in the long journey of the rule of law. Are you ready?
1. Lawyers should have noble qualities. As the saying goes, "knowledge is not as good as ability, and ability is not as good as quality." The first thing a lawyer should solve is the problem of survival, but his professional ethics, conscience and love are far more important than money, fame and fortune.
Lawyers should have profound knowledge. Lawyers' knowledge reserve is not limited to the law, and successful lawyers should be knowledgeable. With the rapid development of knowledge economy and ever-changing social disputes, lawyers will be eliminated if they don't study for a day. Lawyers should dabble in economic knowledge, scientific and technological knowledge, management knowledge and foreign language knowledge, which is of great significance to the development of lawyers.
3. Lawyers should have firm beliefs. It is easy to be a lawyer, but it is not easy to be a successful lawyer. Lawyers should distinguish right from wrong, be brave in speaking out, advocate the rule of law and defend justice. Lawyers should always be ready to shout for the rule of law, run for freedom, let the evidence speak, and let justice last forever.
Lawyers should have a positive attitude. Failure to win a lawsuit is the sorrow of the rule of law; Losing a lawsuit is not necessarily the blessing of the rule of law. As long as we try our best, we have no regrets. Therefore, lawyers must have strong ability to fight, physical and mental endurance and excellent psychological quality.
Lawyers should have extensive contacts. A person's success is the success of interpersonal relationship, and a successful lawyer should be a master of interpersonal relationship. Lawyers rely on ability and relationships, but if you want to eat well, you can't do it without good relationships. "A good sweat and three gangs", lawyers, need more teams, more affirmation, more warmth and more protection.
6. A lawyer should have a strong body. The nature of a lawyer's work determines that a lawyer must have a good body that can resist, fight and toss. Lawyers have irregular work, irregular breaks and meals, great pressure, and many troubles. Few people understand and no one speaks. Without a healthy body, no matter how big your ambition is, it will become zero.
Lawyer Zhang Yongtao and lawyer An Dongfeng, who died young, are a lesson.
7. Lawyers should be diligent in communication and be good at observation. "Good horse in the leg, good sweat in the mouth." Although some of them are absolute, it is an indisputable fact that lawyers rely on their brains and mouths to eat.
Speaking is a lawyer's basic skill, and observation is a lawyer's run-up. Whether you are the plaintiff's agent or the defendant's defender, speaking, observing and selling is both a science and an art.
8. Lawyers should learn to dress up. Although lawyers are freelancers, as unicorns of the rule of law and guardians of justice, dressing is also a "compulsory course".
Lawyers should dress dignified, decent and generous, and dress with taste, grace and temperament. Moderate dressing is the best decoration. "People are clothes and horses are saddles", and lawyers are no exception.
9. Lawyers should smile. Smile is the best passport and lubricant in the world, because it is too rare, so it is more valuable. Lawyers should face all kinds of parties, smile and be friendly; Lawyers should face the police and judges with a respectful smile; Lawyers should face the prosecutor and the opposing lawyer and smile confidently; Lawyers should smile easily when facing colleagues, friends and family members.
Carve a smile on your face, put confidence in your chest and be invincible.
10, lawyers should bring business cards. Nowadays, business cards play an important role in interpersonal communication. Lawyers are an industry that sells themselves and shows their personality charm. Let others remember their own names and remember each other's names.
1 1. Lawyers should take their briefcases when they go out. It is best to have a notebook computer, micro audio and video equipment, common legal documents and address book in it, so as to keep the evidence in time, contact the parties and the undertaker in time and make preparations.
12. Lawyers should talk to clients in a cadence and strong tone. The client gained his impression of the lawyer by talking with him. If you want to win the trust of the parties, you must win the goodwill and admiration of the parties, and it is essential to speak appropriately and think carefully.
13, lawyers should pay attention to the occasion and grasp the discretion. When talking with clients, lawyers should not be ambiguous, but should go straight to the point. Because in the eyes of the parties, the law is sacred and the lawyer is tall and omnipotent. If the lawyer is irrelevant, the client will think that the lawyer is incompetent. At the same time, lawyers can't tell the whole story without reservation. If the lawyer had said everything and the client himself understood it, he would not have entrusted a lawyer.
14. Lawyers should learn to respect judges. Whether it is a civil case, an administrative case, a criminal case or an execution case, lawyers, as agents and defenders, must be familiar with the trial process, actively maintain the court order, and let facts, evidence and their own personality charm win the lawsuit.
15, lawyers should learn to respect prosecutors. Especially in court debates, lawyers act as defenders, prosecutors act as prosecutors, and bicker, which means that land and money are scarce. Lawyers should hit the nail on the head, be concise and convince people by reasoning. It is neither boastful nor grandstanding, nor unreasonable.
16, lawyers should learn to respect each other and lawyers. No matter in evidence exchange, court investigation, court debate and final statement, lawyers should not laugh at or dig at each other, and make the facts and evidence more clear and credible through proof, cross-examination, debate and statement.
17. Lawyers should not make false promises. In order to win the trust of clients, some lawyers have made unrealistic promises to clients in violation of the provisions of the Lawyers Law and the Professional Ethics and Practice Discipline of Lawyers, deceiving and misleading clients.
Lawyers should be honest and cherish their reputation.
18, lawyers should not slander their peers. Some lawyers do not hesitate to slander their peers in order to express themselves and strive for the source of the case. In fact, belittling others means belittling yourself, and only by raising others can we raise ourselves. The level and reputation of lawyers are not spoken, but made.
19. when accepting the entrustment of the client, the lawyer must make a record of accepting the case. The record of accepting a case must truthfully record the time, place, process and result of the whole case, and then let the parties press their fingerprints. In order to avoid the parties complaining that the lawyer did not try his best or missed important matters, causing unnecessary losses to the parties.
20. The agency agreement signed by the lawyer and the client must be clear, specific and operable. Don't just sign an agreement to save trouble. We should know that the agreement is the most direct and favorable evidence of the rights, obligations and responsibilities of lawyers and parties. In particular, the rights, obligations, liabilities for breach of contract, charging standards and dispute settlement methods of both parties should be listed in detail.
When people ask us, they are people, and vice versa.
2 1. The lawyer must sign the power of attorney with the client. When a lawyer accepts a client's entrustment, he must ask the client to sign the power of attorney as much as possible, so as to avoid the temporary need and the lawyer can't take it out. Moreover, the power of attorney must specify in detail the authority and time limit granted by the parties to the lawyer. Nor can it be written as a general agent or a sole agent in general.
The power of attorney must have the client's autograph and handprint, and the lawyer must never sign it. And the contact number of the lawyer must be written on the power of attorney. The power of attorney cannot specify the power of attorney of first instance, the power of attorney of second instance and the enforcement agent. You know, this is the lawyer's fault.
22. Lawyers must leave the telephone numbers of the parties concerned (including but not limited to the plaintiff, defendant, third party, appellant, appellee, applicant, respondent and opposing agent) for timely communication.
23. Lawyers must leave the phone number of the undertaker (including but not limited to police, prosecutors, judges, executors, appraisers and arbitrators).
24. Lawyers must prepare a pamphlet. Timely record all important personnel and latest information related to myself, my major or my field. "Pay attention to everything and learn everything", a lawyer should be a conscientious person.
Lawyers in criminal cases must be self-disciplined. When meeting criminal suspects and defendants, lawyers must abide by the regulations of detention centers, detention centers, reeducation-through-labor centers or prisons, and must not pass letters, bills, cash, mobile phones or even cigarettes to the parties, so as not to "get burned"; Lawyers may not instruct criminal suspects or defendants to fabricate facts or commit perjury, but they can actively mobilize the parties to cooperate with lawyers to expose other people's illegal and criminal acts and strive for a lighter or mitigated punishment.
If others beat, abuse or extort a confession by torture against a criminal suspect or defendant, the lawyer shall promptly complain to the relevant department.
26. When a lawyer meets a criminal suspect or defendant, he must make an interview record. After the meeting, the criminal suspect and the defendant must sign and press their fingerprints after reading the minutes of the meeting.
27, criminal cases in the prosecution stage, lawyers must consult and copy the litigation documents and technical appraisal materials. When lawyers find doubts, they should communicate with the chief prosecutor in time, put forward pertinent and feasible legal opinions, and earnestly safeguard the legitimate rights and interests of the defendant.
28, criminal cases in the trial stage, lawyers must consult and copy the relevant evidence. Actively communicate with the presiding judge, put forward legal opinions in favor of the defendant, and meet the defendant face to face to solicit opinions and verify evidence, so as to safeguard the defendant's legitimate rights and interests to the maximum extent.
29. Lawyers in criminal cases try not to take evidence. When necessary, they can apply to the court in writing to obtain and verify relevant evidence, so as to strengthen the protection of lawyers themselves. If it is really necessary for a lawyer to investigate and collect evidence, he shall be accompanied by two lawyers.
30. Lawyers must appear in court on time and prepare copies of all evidence and court proceedings.
Lawyers try not to keep the original evidence submitted by the parties, which must be kept by the parties. In order to avoid the loss or damage of the original, the lawyer can only suffer dumb losses.
3 1. Before the trial, the lawyer must inform the parties in advance. Let the parties have enough time to respond or reply, and tell them to bring their identity documents and all the original evidence, appear in court on time, and abide by court discipline.
32. Lawyers shall, as far as possible, invite the parties to participate in the trial. As an agent, lawyers are only familiar with relevant laws and evidence, and it is difficult to fully know specific facts, details and feelings.
If the parties appear in court, on the one hand, let the parties feel the atmosphere of the trial and know the efforts and good intentions of the lawyers; On the other hand, the parties know the case best and reflect the facts most accurately, which is more conducive to safeguarding the legitimate rights and interests of the parties.
33. Litigation involving the disposal of the major interests of the parties (such as withdrawal of the lawsuit, mediation, execution of settlement, termination of execution, etc.) must obtain the consent of the parties, preferably in writing.
Don't think that you can dispose of the rights of the parties just because you are an authorized agent. On the issue of principle, lawyers should not make decisions or give up easily, otherwise there will be endless troubles.
34. Lawyers should try not to be risk agents. The case of risk agency is often a trap, although the subsequent income is very attractive. Lawyers spend a lot of manpower, material resources and financial resources after collecting evidence, filing a case, first instance, second instance (even retrial) and execution, and all the work may be in vain because they can't execute it in the end.
Moreover, according to the Measures for the Administration of Lawyers' Service Fees jointly formulated by the National Development and Reform Commission and the Ministry of Justice, the maximum amount of fees charged by risk agents shall not be higher than 30% of the amount agreed in the fee contract.
In the agreement, the lawyer must clearly agree on the commission method of execution payment, whether it is based on the amount paid or the total amount. Is the first payment a commission or the last payment a commission? "Be careful, there is no big mistake, be careful to sail a ship for ten thousand years", and be careless.
35. Lawyers must be fully prepared for the trial. All the work of lawyers will eventually show up in court. "One minute on stage, ten years off stage", a diligent and earnest lawyer, never fights uncertain battles.
36. Lawyers cannot handle cases by experience. Experience in handling cases is important, but experience can sometimes kill people. Litigation changes with each passing day, and laws emerge one after another. Different regions, different courts, different judges, and even different judges in the same court in the same region make different judgments on the same case because of different and biased understandings of laws and regulations.
Lawyers must always keep a low profile, believe in experience but not be superstitious about it, and worship authority but not rely on it in order to make greater achievements.
37. When a lawyer is in court, he must submit a written defense, a power of attorney or a defense. Can't save trouble, represent and defend by experience. "A good memory is not as good as a bad writing", and a good eloquence also needs careful thinking to play better.
After signing the court record, the lawyer must give the defense, proxy or defense to the judge for reference at the trial.
38. Lawyers must be careful in handling cases that require two or more sessions. Some lawyers think that everything will be fine after a trial. In fact, in some cases, judges need to hold several trials to verify some important information.
Lawyers should not be careless and take it lightly.
39. Lawyers also have the right to obtain new evidence and notify new witnesses or experts to appear in court. Don't think that the first trial has done its best, and the second trial will definitely change or maintain the original judgment.
Just like a war, there is no fixed number, only variables. "We should despise the enemy strategically and attach importance to the enemy tactically", and lawyers must remain unchanged and take the initiative to attack in order to effectively safeguard the maximum rights and interests of the parties.
40. For evidence that lawyers cannot obtain, they must apply to the court for access. If the court is unwilling to collect evidence, the lawyer should obtain an investigation order issued by the court.
In the final analysis, the lawsuit is to fight for evidence. Only when lawyers have solid and sufficient evidence can they win this lawsuit with confidence.
4 1. Lawyers and clients should always keep a certain distance. Don't think that more contact is a good friend; Don't think that deep feelings are brothers.
A party is always a party, and an agent is always an agent. There is no distance between lawyers and clients, which is also the most dangerous time for lawyers.
42. Lawyers should always be honest, self-disciplined and lead a totally clean life. Lawyers should not be complacent and arrogant just because they have handled a beautiful case. Do not accept the party's invitation to dinner, do not accept the party's gift. "Take people's hands short and eat people's mouths soft."
A lawyer's reputation and case source depend on his own ability, quality and reputation. A good reputation is the golden signboard of a lawyer.
43. If the case cannot progress normally due to objective reasons, the lawyer should make it clear to the client. When the contract needs to be terminated, both parties must sign a termination agreement.
44. Lawyers must issue official invoices for the agency fees paid by the parties; Lawyers must properly keep the litigation fees paid by lawyers on behalf of the parties and pay them to the parties in time.
Lawyers must keep relevant bills for necessary and reasonable transportation expenses, accommodation expenses, appraisal fees, photocopying fees, etc., so as to check with the parties in time.
45, lawyers don't believe the client's side of the story, don't be emotional. The parties often only say that it is beneficial to them, which has a strong subjective color.
Lawyers, as agents, should keep a clear head, take the obtained evidence as the basis and the existing effective laws as the criterion. Entrusted by the parties, but not influenced by the ideas of the parties.
46. Lawyers should carefully study major, complicated and difficult cases. Organize peers and experts to make collective argumentation and formulate practical plans, and don't be blindly optimistic and fight alone.
47. Lawyers should keep learning and start from scratch every day. A good lawyer is an easy lawyer to learn. They should think more, summarize more, consult more and absorb more according to the cases they usually contact.
48. Lawyers should learn to establish their own circles and maintain good cooperative relations with the media. Lawyers should often participate in symposiums, exchange meetings, seminars and training activities, contact people in the industry and the news media, publicize and package themselves, publish articles (even monographs), and keep abreast of the latest information. Friends are the greatest capital, and information is the most precious wealth.
49. Lawyers should always maintain the overall image of lawyers and resolutely fight against all acts that endanger the overall interests. Learn to respect the predecessors, learn to care for the younger generation, and establish harmonious relations with colleagues, relatives and friends.
50. Lawyers should be able to withstand loneliness, pressure and temptation and win.
"Since the choice, there is no regret. Do the best if you want to do it. " . Believe in your choice, show the style of a warrior, constantly temper yourself, constantly surpass yourself, and persevere until you succeed.
Stick to the above viewpoint and do a good job in customer relationship, and you will be a successful lawyer.