1. Accepting entrustment: the trainee lawyer needs to accept entrustment, that is, the parties entrust the trainee lawyer to provide legal services, including legal consultation and litigation;
2. Case analysis: trainee lawyers need to analyze and study the problems or cases raised by clients, understand the rights and obligations of the parties, and formulate corresponding legal strategies;
3. Preparation materials: According to the case and legal strategy, the trainee lawyer needs to prepare relevant legal documents and evidence materials, such as the complaint, defense, witness testimony, etc. , for subsequent litigation or negotiation;
4. Agent litigation: If agent litigation is required, the trainee lawyer shall submit a complaint or relevant litigation documents to the court, and defend and reply on behalf of the parties during the trial;
5. Negotiation: If the parties wish to resolve the dispute through negotiation, the trainee lawyer needs to negotiate with the opposing lawyer or representative to propose a specific solution;
6. Closing the case: No matter whether it is litigation or negotiation, trainee lawyers need to report to the parties after closing the case and complete the relevant closing procedures.
Conditions for handling cases by trainee lawyers:
1. Obtaining a law degree: a trainee lawyer needs to obtain a bachelor's degree or above in law, with basic legal theoretical knowledge and practical ability;
2. Obtain the qualification of trainee lawyer: the trainee lawyer needs to register with the local judicial administrative department or the lawyers association to apply for the qualification of trainee lawyer, and pass relevant examinations and audits to obtain the qualification certificate of trainee lawyer;
3. Internship in a law firm: Internship lawyers need to practice in a law firm or legal institution, engage in practical legal work with a master's degree or senior lawyer, and accumulate practical experience and professional ability;
4. Abide by legal provisions and professional ethics: trainee lawyers need to abide by relevant legal provisions and professional ethics, protect the legitimate rights and interests of the parties and safeguard judicial justice;
5. Participation in handling cases: trainee lawyers need to participate in the actual case work of the law firm, including legal consultation, drafting legal documents and assisting in litigation. In order to improve their practical ability and professional level.
To sum up, trainee lawyers need to abide by legal professional ethics, protect the legitimate rights and interests of the parties and safeguard judicial justice in the process of handling cases. Trainee lawyers need to practice and handle cases under the guidance of law firms or lawyers' masters to improve their practical experience and professional ability.
Legal basis:
Article 28 of the Lawyers Law of People's Republic of China (PRC)
Lawyers can engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Article 29
Lawyers, as legal advisers, should provide advice to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as agents, handle other entrusted legal affairs and safeguard the legitimate rights and interests of clients.
Article 30
If a lawyer acts as an agent for litigation legal affairs or an agent for non-litigation legal affairs, he shall safeguard the legitimate rights and interests of the client within the scope of authorization.
Article 31
When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on whether the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 32
The client may refuse his entrusted lawyer to continue to defend or represent him, and at the same time, he may entrust another lawyer to act as a defender or agent.
After accepting the entrustment, a lawyer shall not refuse to defend or represent without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.