Please briefly describe the position and role of lawyers in China in the new era.

The role and function of lawyers Lawyers are legal professionals and professional agents who protect the rights and interests of individuals, companies and enterprises under the logical framework of transforming the demands of the parties into legal norms. The following is an understanding of the role and function of lawyers.

The role and function of lawyers 1

The role and function of lawyers are: to accept the entrustment of natural persons, legal persons or other organizations as legal advisers; Accept the entrustment of the parties in civil cases and administrative cases, act as agents and participate in litigation; Accept the entrustment and represent the appeals of various litigation cases; Accept the entrustment and participate in mediation and arbitration activities.

The recruitment requirements for lawyers are:

1, with lawyer's license, bachelor degree or above, regardless of age;

2. Good communication and collaboration skills;

3. Good conduct, responsibility and team spirit;

4. Have certain practical experience or lawyer practice experience. bale

What role can lawyers play?

The role of lawyers can be summarized as follows:

First, lawyers are proficient in laws and regulations, including substantive law and procedural law, and have the ability to investigate cases. Not only that, lawyers have developed the habit of thinking from a legal point of view, and can properly link the specific cases in front of them with legal norms, put forward some objective and convincing claims through legal reasoning, and prompt them to the court in time.

Second, lawyers can organize arguments and evidence materials in favor of clients according to specific cases on the basis of knowledge of laws and regulations and legal reasoning ability, and conduct a logical and complete debate, which is not necessarily directly related to lawyers' beliefs or likes and dislikes.

Third, lawyers are familiar with legal practice, especially the practical affairs of litigation. To become an excellent lawyer, it is often after handling a large number of cases repeatedly that you gradually master various procedural skills. This is not only a question of knowledge, but also experience and skills. This is obviously not available to the parties.

Fourth, as far as the connection with the case or the dispute itself is concerned, the parties themselves are direct interested parties, and often they can only look at the lawsuit from their own subjective standpoint, while lawyers can keep a certain distance and grasp the situation objectively and calmly because the case belongs to others in essence.

Fifth, lawyers, as professionals, are subject to special ethical norms of professional groups. Although he and the judge are both engaged in the legal profession, lawyers are not attached to the judiciary after all. He participated in the lawsuit in an independent position.

The role and function of lawyers II

Lawyer career planning

There are many rumors about the profession of lawyer, especially about entering the profession. Most of them think it is difficult and hard, and some people are pessimistic. The source of the case is hard to find, which leads many newcomers to hesitate and hesitate before making up their minds, fearing that they will not see one thing or another.

Even if some newcomers are determined to enter this industry, they are still confused, don't know how to start, and are on tenterhooks every day, for fear that it will be difficult for them to stick to it, or that their road will get narrower and narrower. In addition, some experienced people exaggerate the hardships of the road, and the competent departments and trade associations lack the necessary guidance and training, which makes the new people very nervous and hesitant. I think there may be some misunderstanding here.

1) The difference between passing the judicial examination and being a lawyer. Many newcomers think that everything will be fine if they pass the judicial examination, and of course they will become lawyers. I think the bar for lawyers in China is very low. You can enter this industry by passing the exam, even like me, you don't need to graduate from law.

Therefore, with the pursuit of the profession of lawyer, many people bet on the exam, thinking that they can become lawyers once they pass the exam. It's a bit like the children in our countryside before. They think that you can get enough food and clothing for a lifetime by going to college, entering the safe and jumping out of the farm gate. So many people relax after entering the university. They never thought that there would be laid-off workers in the future, and they would go back to the past overnight. Passing the departmental examination is only a threshold, and there is still a long way to go to become a lawyer. Newcomers should never think that passing the exam is a lawyer, nor should they have too high expectations;

2) What exactly does a lawyer do? Many people simply don't know the scope of a lawyer's work. Usually people understand that lawyers are litigation, which is to help others solve problems. There are also many newcomers who know about litigation and non-litigation, but many people don't know what non-litigation means. They only know that non-litigation is very profitable, and famous successful lawyers do non-litigation, and non-litigation fees account for a large proportion of the fees of the whole lawyer industry.

Before I started my career as a lawyer, I positioned myself prematurely, hoping to be a barrister without litigation. The incomprehension and one-sided superstition of lawyers' work scope lead to many newcomers' hesitation and anxiety, and they have no work goals;

3) How high is the lawyer's income? It is widely said that lawyers have money, but no one can tell exactly how much money lawyers have and how much money they earn every month. However, the rumored high income of lawyers has attracted many newcomers in the industry, so everyone aims to exceed the income standard of ordinary industries and follow the example of famous lawyers. In some people's eyes, lawyers have become synonymous with having a house and a car to make money every day;

4) How high is the social status of lawyers? For many years, people think that lawyers have high social status, knowledge and culture and can be respected by all walks of life. The social status of lawyers is influenced by some objective factors, especially the social status of film and television works and foreign lawyers.

Lawyers from foreign countries, Hong Kong, Macao and Taiwan have a high social status. Most people's impression of lawyers comes from foreign and Hong Kong, Macao and Taiwan film and television works. I don't think any domestic film and television works describing lawyers' work and life are successful and objective, because the actors, directors and their consultants don't know anything about lawyers' work in China. The social status of domestic lawyers is not as high as others think, but we can win the respect of others through our own efforts.

5) Is the lawyer's life very chic? I've seen Amanda's TV series. A young lawyer can wander around Xinjiang for a month without telling anyone, and his cell phone is turned off. Others are female lawyers played by Cao Ying, who are either clubbing or drinking coffee all day. That's smart enough, but only in movies and TV. I doubt whether such a screenwriter knows a real lawyer. A lawyer is just a practitioner, with a special practice and hard work. It's all creative work, not just going to bars to drink and travel. Handsome can be, but not this chic.

So I think newcomers must plan their new careers when they enter the industry. In fact, the same is true of other industries. Before planning your career, you must have a clear understanding of this industry and not go into misunderstanding.

Newcomers must be modest and prudent after entering the business. A lot of things you learned in the exam are not practical, but they can be used as the basis for you to enter the business. "I think it's an armchair strategist. I don't know if it should be done." Lawyer's business is a very practical work. You can only qualify if you pass the exam. You need to start from scratch. It's kind of like going to college. When I first entered college, I looked at the image performance of freshmen, which was far from the imagined college students. Only after a period of study and life in college practice can college students show their vitality and image. At this point, the college entrance examination is like the college entrance examination.

The scope of lawyer's business is too wide for me to define now. In addition to litigation, it also includes many non-litigation, and many non-litigation contents are no different from those of other companies. For example, some lawyers can earn tens of millions in bidding for construction projects.

Many other companies are also doing bidding business, and even some non-lawyer salesmen are doing better. There are also some law firms that buy and sell houses, just like intermediary companies. In my opinion, the understanding of lawyer's business scope should start from practice and start from scratch. According to your pursuit of the lawyer profession, understand its scope and choose in the practice process. Only by understanding the reality of lawyers' work can we plan our work and study well.

Newcomers should also have a clear understanding of lawyers' income and social status. As I said before, the legal profession is not a very profitable industry. In this society, the overall income of lawyers looks good for two reasons. First, the number of lawyers is small, and the overall quality and education are undoubtedly very high in society. It is normal for natural individuals to have better abilities and higher incomes. Second, as a special industry, lawyers are often exposed by all walks of life and easily known by all walks of life, and the masses will give lawyers a higher position in their minds.

So everyone thinks that the income of lawyers is very high, or it should be relatively high. As a newcomer, you can't be influenced by outside knowledge. You should proceed from reality and have a clear understanding of this problem. Generally speaking, lawyers who make a lot of money have a small proportion of annual income exceeding 6.5438+0 million. Although there is no actual statistics, I think it should not exceed 654.38+00%.

Among these high-paid lawyers, many people do not necessarily earn money by practicing law. Maybe they did some industries in the process of becoming lawyers, or they bought a lot of real estate or made many other investments after digging the first bucket of gold. Very difficult, very few people have no worries about food and clothing. It should be below 10%, and most of them are new lawyers. Because if it continues to be so difficult, it is very likely that you will change careers and stop being a lawyer after a while. No one wants to keep doing this so hard.

The remaining 80% is the mainstream of our industry. Among them, there are higher income groups with relatively stable income, and their income is generally better than that of the working class. There are still some people whose income is not very stable. On average, it's just salary. Sometimes, every meal is stressful. But they will be very hopeful, and maybe they will soon get out of the predicament and enter a well-off or even better state. After all, lawyers have a big stage and many opportunities. As long as you work hard, there will be great hope. Who knows when you will make a case and earn tens of thousands of dollars? This is also a place to support many colleagues.

In addition, the lawyer's income is gross income, which is very expensive. Transportation expenses, communication expenses, labor insurance, etc. You have to spend it from your income, but there may not be much left. For other wage earners, many expenses will not be generated, and wage income is net income. There is a difference between gross income and net income. But the actual income of lawyers is not as pessimistic as many people say, provided that you have to do it independently.

Imagine that ordinary civil cases can generally charge more than 2,000 yuan in second-and third-tier cities in the Mainland. If you only do two cases a month, can you solve the problem of life? Moreover, many newcomers exchange the salary of assistants, which is naturally very low and it is difficult to maintain their own lives. Therefore, new people should not expect too much from their income, but they should not be pessimistic. The key is that you should enter the business as soon as possible. As long as you enter this industry, the income of this industry is not low.

In recent years, the media reports and the self-explosion of many peers have given the outside world a new understanding of the lawyer industry, rather than a general optimism. When chatting, many people will say that the competition among lawyers is fierce now, and many lawyers have no money, which is not as good as expected. They even gloat at at jokes and deliberately belittle lawyers. In fact, what is easy to make money? The boss of a private enterprise makes a lot of money, and he will never pay less and never take risks.

Civil servants, including leading cadres, will not earn ill-gotten gains through crooked ways, nor will they be more than us. The same is true of other industries, where only ill-gotten gains are easy to come by. If we act in full accordance with the law, the lawyer industry will make a lot of money.

All along, I think that social status is nothing, invisible and intangible, and lawyers can be elegant and just like migrant workers. The social status of lawyers is different from other professions. The status of civil servants of administrative organs and some special units comes from the authorization of the state and the legacy of feudal dynasties, or from their monopoly position. The status of many other industries comes from their high income.

However, the status of lawyers comes from their own efforts and integrity, and they do not have the political status entrusted by the state, nor do they rely on economic status to improve their status. If you are a lawyer, no one will look down on you at any party or group. You may be looked down upon and scolded by a department-level civil servant, but you may also be respected by a department-level leader. The boss of a consulting unit has been telling me not to be a lawyer. Come and help me, you have improved your treatment.

I said, every time I come to you as a legal adviser, you will greet me with a smile and make me tea in person. I am free, but if I work for you, can I still enjoy this treatment? He smiled. In any case, it is enough to get respect and recognition from others through your own efforts and dedication.

The life of a lawyer is definitely not something that a newcomer can sum up in one sentence. In addition to the well-known pressure to enter the industry, there is also the pressure to learn and improve their own abilities. The same is true for lawyers who have already entered the profession. Lawyers have too much to learn, so they may be needed where there are people. Our business scope covers all aspects of society. So this is also different from judges and prosecutors.

They only need to handle cases in a certain field, but lawyers know everything. Besides pure legal knowledge, we also need rich social knowledge. The abilities I mentioned in several aspects are not completely summarized. Therefore, as long as you want to be a real lawyer, you need to keep learning and accumulating, and there is no end. Relaxation is ok, but not like in film and television works. More hardships come from silent cultivation.

The role and function of lawyers

I. Fees for divorce lawyers

At that time, the fees charged by divorce lawyers in different regions were usually different. In addition, the lawyer's agent mode will also lead to different charging standards. Some lawyers are risk agents, and some lawyers charge according to the number of people involved. Emotional problems plus emotional teachers' mobile phones/letters: obtaining emotional analysis of technical majors.

When a law firm negotiates the charging standards for lawyer services with the trustee, it shall consider the following key elements:

1, working hours consumed;

2. The level of difficulty coefficient of legal affairs;

3. The total number of lawyers required to apply for legal affairs and the professional level of co-lawyers; Emotional problems plus emotional teachers' mobile phones/letters: obtaining emotional analysis of technical majors.

4. Trustee's tolerance and regional economic and social development;

5. Risks and obligations that lawyers will bear;

6. The working level of lawyers' social development credibility;

7. Other necessary expenses required to apply for handling cases.

At this stage, there are generally two kinds of divorce lawyer fees:

First set a certain amount of reserve price, and then charge a certain amount of fees according to the disputed property exceeding a certain amount. For example, the lawyer's fee standard is 5000 yuan. In addition, no matter how small the amount of the case dispute is, there is no dispute over the same property. The reserve price is 5000 yuan. If the disputed property exceeds a certain credit limit (generally100000 yuan), a certain percentage of fees will be charged for the excess.

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Second, risk agency: pay a certain amount of basic expenses and confirm a standard credit line for returning this amount of property. The focus of the application dispute in this kind of cases depends on the case of divorce property division, and the general difficulty coefficient depends on the investigation and evidence collection or execution of the same property.

For example, one party doesn't know the other party's personal stocks or bank time deposits, or the ownership of enterprise shares, or the other party's property is scattered, which exists in every province or even every country. Lawyers must do a lot of evidence investigation.

In order to stimulate the enthusiasm of lawyers, with the consent of both parties, the defendant will pay a certain amount of risk money (generally around 5,000 yuan), and his lawyer will read relevant direct evidence, search the other party's property and do a good job in property preservation until the case is decided. Lawyers will get a certain percentage of the property returned home.