A few years later, I began to take an assistant to receive customers, but when dealing with big customers, I still need to receive and undertake with my teacher and father. In the process of reception and handling cases, because of long-term accumulation and running-in, I formed a very good tacit understanding with the teacher's father. When the teacher's father saw me, the apprentice got the message.
The tacit understanding between assistants and lawyers can greatly improve work efficiency, make up for the shortcomings through mutual cooperation and work together to form a win-win situation.
Today, let's summarize how paralegals cultivate tacit understanding with teachers.
An assistant who has just entered a law firm as an intern often can't understand what a lawyer wants to say. It always takes a long time for an assistant to draft a document, which is almost equivalent to a complete dictation by a lawyer. Even so, the assistant can't fully understand the essentials of lawyers in the end. This is mainly due to the following factors:
The knowledge of law that law school students come into contact with at undergraduate and graduate stages is only superficial knowledge of law, and more emphasis is placed on theoretical research. Entering the field of practice requires a deeper understanding of a certain knowledge and needs to be combined with practical operation. It is impossible to complete the practical work assigned by lawyers only by relying on the legal knowledge mastered by schools.
For example, when dealing with disputes over the sale of second-hand houses, disputes arise after the signing of the contract, and the buyer wants to continue to perform. The legal basis is Article 60 of the Contract Law: "The parties shall fully perform their obligations as agreed." But in practice, one of the prerequisites is that the central delivery room must be listed and registered. As a fresh graduate, it is almost impossible to get in touch with this knowledge point at school.
The assistant does not have practical and in-depth professional knowledge in this field, so it is naturally difficult to get the views that the lawyer wants to express.
There must be a certain legal basis for paralegals to enter the practice of law firms after passing the judicial examination, but law students do not attach importance to the process of handling cases in practice because they do not take the judicial examination.
Not familiar with the process, where the case is and what to do next, the assistant is of course at a loss. What lawyers have to do is closely related to the progress of the case. If you are not familiar with the process, it is naturally difficult to form a tacit understanding with lawyers.
Almost all tutors have their own professional fields, and many of them deal with the same type of cases. The case of the customer who came to consult today may be similar to a file closed yesterday, and it may require the assistant to respond immediately and find out the file. If the case is closed successfully, this file will greatly increase the confidence of the client and may become an important factor for the client to entrust a lawyer.
However, the lawyer asked you to find this file, and you were puzzled. Why don't you stay in the conference room and ask the lawyer to come out and look for the documents? Unfamiliar files are an important factor that makes it difficult to form a tacit understanding.
Influenced by the handsome lawyer images in American and English dramas, some paralegals are full of ambitions and step into the legal profession. They can't wait to make great achievements at once and talk in the court in Kan Kan. It is right to have this dream, but considering the actual situation, China's legal education is divorced from reality. Even if you pass the judicial examination with high marks and have no actual training, you can't grasp the case in practice.
Therefore, Xiao Bai, who has just practiced, please lower your body. You are an assistant, helping to guide teachers to handle cases, improving teachers' efficiency, subliming teachers' image and improving teachers' quotations. Reversing the distinction between primary and secondary will definitely cause chaos.
Instruct the work assigned by the teacher, and the teaching assistants should write according to the time, form and quality standards required by the teacher. Paralegals must have super executive power and perform their tasks in a high-quality, comprehensive and comprehensive way. Paralegal, completing the task is your primary goal.
The paralegals are energetic but inexperienced, and the instructors are experienced but physically unable to keep up. Assistant lawyers and instructors cooperate with each other and complement each other. Assistants can quickly accumulate experience and enter the industry as soon as possible. Lawyers can save energy and handle cases more easily. With the growth of assistants, assistants can better share the pressure of lawyers, lawyers have more energy to take orders with experience, and paralegals and lawyers can completely win through cooperation.
A newly practicing paralegal must quickly accumulate professional knowledge and cooperate with lawyers. Reading is of course the first choice. How to read? The author believes that reading should grasp two elements.
When I first became a paralegal, my master was engaged in second-hand housing transactions. At that time, I read a book about second-hand housing disputes every two days, and after two weeks, I established a macro understanding of this field. Only when macroscopic cognition is established can legal thinking in this field be established. Chew slowly, it is inevitable that you will fall into endless details and eventually have to give up because of time.
Many paralegals practice in law firms and read books when they have time, but they don't know what to read. Therefore, they gradually nibbled at Wei Zhenying's civil law textbooks. It's understandable to do this at school, but it's stupid to do it at a law firm.
Since I am engaged in practical work and reading in a law firm, of course, I have to read books in a certain field of concentration, and books written by judges are preferred, followed by books written by practical lawyers. These two kinds of books are close to practical work and practical, which is very helpful for paralegals to read quickly.
Familiarity with archives is one of the important prerequisites for assistants to carry out their work. So familiar with the document. Familiar with what
The judgments of Chinese courts are based on facts. If you are familiar with the facts, you will be familiar with the flesh and blood of the case, and whether you are doing materials or discussing, you will have a foundation. The fact of being an assistant is strange. When an old lawyer is discussing a case, it is tantamount to casting pearls before swine, and paralegals naturally cannot gain experience from it.
You may know all the legal knowledge points, but how a lawyer uses the law and skillfully designs a litigation plan is far more complicated than a mock trial, and different cases often have many different ideas, how to choose and how to consider before and after, which are all things that assistants have to ponder.
Learning protection is an important course for paralegals. But to learn to protect yourself, we must first know where there is a risk of hurting ourselves. The risk is recorded in the lawyer's file. How to judge the risk from the file can refer to my previous article. Where does the lawyer's experience come from? It might be enlightening.
When you are familiar with the facts of the case and understand the lawyer's handling ideas, you must have a lot of ideas about a case. At this time, don't bury these thoughts in your heart. What you think is always qualitatively different from what you say. Speak your mind and communicate with your tutor. Your tacit understanding is gradually established through repeated communication.
If there is an opportunity, you must appear in court. Master's statement in court, the judge's handling, and the reaction of the opposing party or lawyer are all feedback elements of your case-handling thinking, which will determine whether and how to improve your case-handling thinking. Make a summary with the lawyer after the court. A tacit understanding is gradually formed between processing, communication and feedback summary.
Finally, I wish the paralegals who have just entered and are about to enter the law firm can enter the business smoothly as soon as possible and finally experience the infinite charm of the lawyer industry.