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Half-year summary of the internship lawyer


From May to November, the internship has passed for half a year. A layman who has not felt much about the law has gradually honed into a little lawyer who feels a little bit, and it is hard to say. Now take the time to summarize the experience for half a year.

First, because of life, because I am a trainee lawyer without any salary, I am a self-destructive trainee lawyer, so I can freely control my time all the time, no one is in charge. So the pressure of life is particularly great. Fortunately, I am not married, there is no family pressure, and my twin brother has given me selfless support from the economy, so that although I have had a hard time, I can at least maintain it. Therefore, if you feel that you are a lawyer, you still need to accumulate the economic foundation and do it better.

Because I have not practiced, I started the life of a practicing lawyer. There is no obligation to give the case, and I will find my own living expenses. Therefore, in the first two months, I was so flustered that I didn’t know where to go. I thought that I had passed the judicial examination, and the innocent thoughts of having a good day as a lawyer were shredded by reality. Later, I read the "Chinese Lawyers" magazine and the "People's Court Newspaper". The "Chinese Lawyers" only had old credits. I thought it was still very rewarding. I learned a little about the lawyer industry and other lawyers. The "People's Court Newspaper" is a must-see every day. Seeing that he can know a lot of cases, if he encounters useful articles, he will copy the questions, and then go home and go to the website of the People's Court Daily to search for downloads, and then sort them out for future reference. In this regard, I saw other older lawyers, or used newspaper clippings to do this accumulation, so I saw hope again. Too many lawyers in China need to be eliminated, and we are the hope of the future.

At the beginning, I often read through the files in the case, to see how other lawyers choose the angle to start, how to write a document. This will also slowly improve.

Second, the work aspect in the daily work, to be "hand, diligent, diligent and diligent",

The hand is diligent, that is, to answer the phone frequently, to diligently hand over the tea, many parties are afraid to come to the lawyer to face the lawyer, so call to consult, at this time you have to ask the other person's surname, and leave the other party's phone, and report to yourself is Xx lawyer. Finally, let the other party come to the office to have a detailed interview with yourself. After hanging up the phone, immediately record the simple situation of the party on the portable notebook, and write down the other party's phone number on his mobile phone. If the name of Mr. Li asks the legal question of the loan, it is recorded in the mobile phone. Li Sheng borrowed money to correct." I usually have nothing to do when I am idle. When I turn to the computer, I will think of this person. When I think that I need to return, I will call and ask the other person in a caring tone. How is the situation going now? At this point, if you see hope, let him come inside and talk in person. In this way, after the party comes, it will naturally find me. Of course, we are a typical small lawyer, the phone is coming, usually the internal labor has taken over, and other lawyers rarely take the initiative. Other lawyers, some have special people to receive and answer the phone, then another matter. In addition to answering the phone, the hand is diligent to record the work experience and work schedule.

The mouth is diligent, that is, the mouth is sweet, and everyone is sweet. As the saying goes, the evil man does not laugh at people. Sweet mouth still has a lot of benefits. If you don't understand anything, if you want to ask other lawyers, you can first wear a high hat to the other party, and then ask, such as "Li lawyer, I have been busy with you recently. I have a question to ask you, take up a few minutes." "For the internship of the trainee lawyer, generally do not refuse." Of course, don't ask questions when people are really busy. Ask questions, in addition to the legal issues of specific cases, also pay attention to some empirical questions. Of course, such questions are more specific. For example, “How should I start the analysis of the case when I am the plaintiff in the first instance? How do I cut in when I am the defendant? How about the second trial?” I got some experience. “The plaintiff in the first instance must have legal facts to determine what the legal relationship is. Find the key points. After determining the litigation strategy, the parties are instructed to prepare evidence." "The complaint should be simple, leaving space for yourself, so as not to let the other party see their own ideas." "The second instance is not suitable for attack by the protesting party." "The parties appear in court, prepare for cross-examination Tell the parties how to respond." Wait.

The diligence also includes the key places to be good at guiding questions when receiving the client. But don't say too much. After patiently listening to the words of the parties, then summarize the meaning of the other party and repeat it again. Then ask, is this what you mean? The party will point you to the place that is not the same as what he said. In this way, you have a preliminary understanding of the facts of the entire case, and the brain begins to sit in the right place. What kind of legal relationship should this fact belong to? How should you express your opinion with the parties? At this point, we must first comfort the other party, especially in traffic accidents, divorce and other cases, first to appease the injured person. Speak not to say something that is difficult to understand in order to show off the law, but to speak something that the other party can understand. At the same time, don't finish it all. If you want to stay with your mouth, you can't throw a heart. Because many parties also know how to shop around, they will ask several lawyers. Therefore, speaking should reflect the sincere attitude and professional spirit, and can not pay the balance, otherwise he thinks that you have so much material. Many parties directly asked "Can I fight this lawsuit? Do you win?" At this point, the opening remarks of the response can generally say "For your question, from a legal point of view, there are several possible consequences..." In fact, the point of view is your own, but you have to say "from a legal point of view" rather than "I think", otherwise it will lead to a lot of unnecessary trouble. It not only avoids the question of directly answering "win or lose", but also leaves room for itself. The parties generally do not have professional knowledge, and the speech is relatively unorganized. Therefore, when guiding the parties, it is necessary to pay attention to capturing key issues. For example, when did it happen? Who handles it? location? Have you left a written agreement? and many more. Pay attention to the rhythm, don't be too fast, so as not to let the parties hear clearly, think that this lawyer is anxious and can't do anything. The first impression must establish a reliable image.

Eyes are to listen to other lawyers how to talk to the parties and learn their conversation skills. In this regard, I have to admit the truth that "Ginger is still old and spicy." Especially when it comes to charging, it is like the footsteps of football. It is very important and it needs art. If you write a complaint, you can open a 500 yuan, the majority of the other party bargaining 300 lines can not? That can be said, 300 is OK, but your case is more complicated, you will definitely come to consult later, and then spend my time, but also to receive your consulting fees. If it is 500 yuan, the consultation fee will be waived in the future. It is also possible to determine the skill of talking about the price according to the actual complexity. If there are more materials to be copied in the case, it can be said that the photocopying fee must be several hundred and one hundred, and I can definitely be less. For some at first glance, you must be sure that you need to ask a lawyer, you should not easily make concessions to lower prices, otherwise it may be counterproductive. For some hesitant, it is necessary to leave a good impression on the other party. It can be said that this way, I can also answer your question, you can consider whether to go to court. But don't think too long, otherwise you miss the best time, and the meaning of the lawsuit is completely gone.

Brain diligence is to use more brains, read newspapers, listen to others, and think about why? What if you do it yourself?

Prepare some papers and notebooks at any time in the work package. If you receive a telephone call from outside the court and ask the two parties to go to the court to mediate, you must formulate a negotiation strategy and psychological bottom line price, and teach the parties how to say, let the parties say less, analyze the other party with the parties. The situation and bring the relevant materials to the court.

When you go to the court, it is best to wait half an hour in advance of the trial court to prevent the clerk from coming to the court and find that there is no one to come and think it is absent. Sometimes, if the party has something to do, the lawyer will not come to the court in time, which will have serious consequences, so the court is not forgotten. On the calendar, the date of the court session is marked. The day before the trial, remember to remind the parties to prepare the materials they need to bring the next day, especially the originals and ID cards.

General lawyers often encounter several types of cases: traffic accidents, private lending, divorce, labor disputes, contract disputes, inheritance, medical accidents, etc. Therefore, when you have an internship, you should read more about the cases of these types of cases. Among them, how to arbitrate and identify work injuries is also a problem often encountered. The time of several amendments to the Marriage Law and the contents of the two interpretations should be memorized. Because many marriages cohabited from the early 1990s, and then to the marriage certificate in XX, and now divorced, spanned several stages. The Marriage Law has different regulations for this.

Third, the lawyers in communication and development are very concerned about the facade project.

The key points of wearing, the brand name, and the professional image will help you to move closer to success. Business cards should be carried more with you. When you distribute it to someone you just met, you must not say "If you have any questions, you can find me", you should say "free consultation at any time." Because China has been "not succumbing to death" since ancient times, ordinary people are most afraid of the troubles of the lawsuit. You told him, "If there is any problem, you can find me." Let the other person feel that he will have a lawsuit and be uncomfortable. His first reaction was "it's best not to find you." This is my personal experience. There have been three people who said this in front of me. Later, I changed my name and the other party was very happy to accept the business card. If you add the phrase "You bought a villa and a BMW that day, I can give you some advice, it will be useful." If the other party listens to such a high hat, it is naturally very useful and has a good impression on your people. In fact, lawyers and doctors, it is difficult for anyone to say that they do not need it for a lifetime, but they try to avoid the need.

Usually, you should contact your classmates and alumni, especially those in the same area. You should contact us so that everyone knows that you are a lawyer. Your mobile phone should be connected at any time.

In peacetime, when you have the opportunity, you will know more people from various agencies, know people from all walks of life, and expand your network. Therefore, there are more places to participate in the dinner, and more cards are sent. So smoke can not be smoked, no one is forced to smoke, but learn to drink, learn how to toast, how to say the words of toast, how to push wine. In general, everyone who says to be healthy when toasting is a million-dollar, and it is not wrong. Toasting, as long as you respect the main ones, you don’t have to be respectful. If you don't want to drink alcohol, you generally say that I am really embarrassed. I have to go to court tomorrow morning. This will not only drink less, but also give you an image of your busy business. In general, lawyers go out to eat, often not the protagonist, even if you are paying for it, it will not be the protagonist, so don't say too much after drinking, don't talk the truth, talk nonsense. Avoid letting others feel that this lawyer is not tight.

As a lawyer, you must learn how to drink at the bar. In general, the rules of playing with color are sure to be learned. As for the gesture of drinking half a cup, what is a cup, the gesture of counting, etc., you must learn to remember, so that others can not look down. The skills of playing with color, need false reports, can not let others grasp the law, otherwise they will be considered thirsty to drink. ^_^ Don't want to drink, just quit, talk to some people, and get a deeper impression. In the bar, there are many people with mixed eyes. In general, the other party is called xx brother, or “boss”, especially the leader. It is not necessary to call “Director Li” and “President Zhang”.

If it is a case introduced by a friend, ask your friend in advance, what kind of friend relationship? If you are very familiar, you can make a cross with him. If you pick up the case, it will probably be how much. If a friend says that you are looking at it yourself, how much will be collected, indicating the general relationship of friends. Then you can see the machine directly. If it is a dinner table, talk about the case, it is best not to talk about the price when the middleman is present. If the party actively talks about this issue, you can say that you bring some evidence and talk to the office. This avoids a lot of embarrassment.

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