2014 law firm internship summary

Law firm internship summary

This summer, from August 4, 2019 to August 23, 2019, I spent an internship in the firm for a month. Strictly speaking, this is not really a legal internship because I have not passed the judicial examination, I have no internship certificate and cannot calculate the internship period, nor have I signed a written labor contract with the law firm without formal status. Therefore, this "internship" can only be regarded as a general study or social practice, just to combine my knowledge and practice in school, but I still benefit a lot.

Zhumadian Law Firm and its lawyers and staff have provided me with an opportunity and platform to enrich myself and accumulate experience. I cherish this rare opportunity and take it seriously. Throughout the internship, I abide by the discipline of the unit, obey the work arrangement, and actively complete the work of the lawyer to transfer the self-administration. Under the guidance of the lawyer and my own efforts, I understand and have a preliminary grasp of the operating procedures of the law firm and the handling of the lawyers. Skills make up for the lack of knowledge, increase social knowledge, and have a deep understanding of how to learn and master the law, use the law and interpersonal relationships. The following is a summary of the internship during the internship, practice and experience of the law firm.

First, the purpose of the internship:

The main purpose is to combine the theory learned during the university with the practice of law practice, so as to consolidate knowledge and discovery is not enough to accumulate experience and guide learning; more importantly, to cultivate the ability to independently discover, analyze and solve problems. Learn to adapt to society and master the ability of interpersonal communication; establish a correct legal life concept and thinking.

Second, the internship content:

My main job is to assist the lawyers in handling the case and to assist in some administrative matters. During the internship, I learned the actual procedures of the lawyers after accepting the case and assisted them in filling in the files, coding the files and organizing the documents; writing legal documents such as agent words, complaints, defenses, etc., and of course I have to go through the guidance of the lawyer's revision; I also followed the lawyer to the Legal Aid Center, the Industrial and Commercial Bureau, the police station and other departments to investigate and collect evidence.

What I have most experienced is that I have participated in several cases and seriously studied the proper and standard judicial procedure. I really went from the textbook to the reality and returned from the abstract theory to the colorful real life. During the trial, I carefully understood all aspects of the trial and carefully observed the whole process of the lawyer's evidence and debate. I think it is really commendable to have such a stage of exercise. I have almost never been in the first few days. Fortunately, with the patient guidance of the lawyer and the help of other staff, I can quickly learn a lot of knowledge and skills.

These jobs help to develop my abilities and are an essential part and aspect of my future work. On the basis of completing the general affairs work, I pay attention to the following internships:

Organize the file to understand the entire process of the lawyer and the judicial process. Organizing the dossier is almost something that every law major intern needs to do. Organizing the dossier, the seemingly simple work still needs time to get familiar with and master before you do it. For example, the order of binding is closely related to the case handling process, and it also corresponds to the corresponding judicial program. Therefore, as long as you work hard, you can understand the familiarity of the lawyer's handling process and the corresponding judicial procedures by sorting the files. This is very important. I didn't give up easily because of the complexity of my work. On the contrary, I was very interested and learned a lot in it.

Accumulate practical experience by writing legal documents and applying legal knowledge and making up for the lack of knowledge. We have not yet studied legal documents at school. During the internship, many lawyers gave us interns to teach us the initial writing of the most common legal documents and basic precautions and related skills. I first imitated some fixed-form documents, such as power of attorney, defense, etc., as needed. A high-quality legal document requires a wealth of knowledge and experience, as well as the use and cooperation of relevant legal knowledge to be successful. I obviously feel the lack of knowledge and the lack of experience. Let me understand that we should study harder and accumulate more. Make progress slowly.

c) Writing skills: In the various legal services provided by lawyers, writing legal documents is a work that has high requirements for lawyers' legal foundation, logical thinking, and writing ability. It is a measure of lawyers' legal professional quality. An important yardstick.

In my opinion, the skills of lawyers writing instruments are mainly reflected in the following aspects:

First, we must fully understand the intentions and purposes of the parties. Before you write, you should first possess information and facts, pay attention to strengthen communication and communication with the parties, and not be self-righteous. Many things happening in reality are unreasonable and unpredictable. Of course, we must not blindly follow the will and wishes of the parties, but also integrate our own opinions and knowledge, exert our own ingenuity, and express the will and wishes of the parties in a complete and even creative way in the language of law. If the legal documents that are not fully expressed or misrepresented the intentions and purposes of the parties, no matter how perfect they are written, they are equally unacceptable, and even bring trouble to the lawyer himself.

Second, in the writing format, it is necessary to follow the legal or general format. The Ministry of Public Security, the Supreme People's Court, and the Supreme People's Procuratorate have issued regulations on the format of legal documents. Lawyers must refer to them when writing, especially the litigation documents and formal contract agreements, wills, etc. submitted to people's courts and people's procuratorates at various levels. Be sure to follow legal or prevailing formats. It is forbidden for lawyers to close their doors and build their own cars. Otherwise, they will not only bring troubles on the program, but even cause things you write to be invalid and become a pile of waste paper. In addition, in writing, pay attention to the corresponding requirements, and the correction must be confirmed by the parties.

Third, in the content of the document, it must be based on the law and the facts as the criterion. Lawyers should first confirm the legal provisions that may be involved before writing legal documents; carefully study the facts of the case and carefully analyze and characterize the legal relationship involved. Strive to be accurate, comprehensive and profound in content.

Especially in law, it must stand up to scrutiny and test. Avoid making mistakes in the facts, using the law incorrectly, or having major flaws. At the same time, the theme is clear, the legal logic is clear, and the expression is concise and smooth.

Third, the internship results:

During the short and substantial internship, I deeply felt that I lacked the knowledge I had learned. I thought I had learned well in school, but when I came into contact with reality, I realized how ignorant I was. Really understand the meaning of the endless sea of ​​learning, I learned something that I can't learn at school, and I don't know much about it. It is definitely helpful for my next study and going to the society to participate in the work. . However, my shortcomings are also exposed. In the future study, I will pay more attention to this aspect of strengthening. Law is a very practical subject, and law requires theoretical guidance, but the development of law is done in practice.

In addition to what I have already mentioned above, I am deeply touched by the fact that it is important to maintain a good relationship with colleagues at work. To do things first, you must learn to be a human being. It is necessary to understand the truth of being a human being. How to get along with others is a basic problem in modern society. For someone who is about to enter the society, there is too much to learn. They are the best teachers. As long as the internship has a harvest, it is a success.

Perhaps the biggest gain of this internship is the change in my own concept. I used to think that the discipline of law is bleak, but now I have a feeling of openness that I have never had before. I have increasingly found myself interested and confident in law. From the lawyers, I feel their love of legal work, and their actions prove this.

Combining the pursuit of justice with the realization of self-worth is a glorious thing in itself. I think that my future is still very long. What I can do now is to arm myself with a lot of theoretical knowledge and cultivate legal thinking and other basic social humanities.

At last. I would like to thank the staff who have provided help and guidance for my internship, thank you for your help and hard work for my smooth internship. Although the internship time is very short, I am deeply touched. This internship also allowed me to understand the attitudes and ways of being a man, that is, to be humble and eager to learn and to affirm myself. I would like to thank Zibo Dadiren Law Firm and everyone who helped me during the internship.

Law firm internship summary

My internship time is from March 12th to April 15th, 2019. During the internship, I tried to transform the theoretical knowledge I learned at school into practice, and try to combine theory with practice. During the internship, you can abide by the work discipline and conscientiously complete the work assigned by the leadership and other lawyers. Under the guidance of lawyers, I began to become familiar with the industry and slowly entered the "lawyer" state, and had a certain understanding and understanding of the procedures and legal practices of law firm operations.

During the internship, I personally came into contact with the practice of lawyers, actually participated in the litigation process of some cases, and independently completed the writing of several lawyers' daily legal documents. The work experience during the internship is summarized below.

First, practical experience

1 Based on facts

Facts speak louder than words. Lawy practice is different from academic research. The difficulty of lawyers in litigation is not to solve the problem of how to use the law, but to clarify the objective facts of the case. The facts of life are organized into legal facts based on the law. Therefore, in addition to studying the application of law, the most important work of lawyers before the trial is to collect evidence carefully and grasp the objective facts and evidence bases related to the case. And should pay attention to the proof of the evidence. Do our best to get the facts that we advocate to be supported by evidence. When analyzing the evidence, a comprehensive judgment should be made on the evidence of the whole case, and the proof of each evidence and the relationship between the evidences should be carefully analyzed. The main task is to check whether there is any contradiction between the evidences; the strength of the evidence to prove the facts; the contradiction between the evidence provided and the claims; and the relationship between the evidences of different proofs and the claims. To grasp the relationship between the evidence and the litigation request as a whole, it is impossible to separate the links between the various evidences and to examine the evidence in isolation.

For example, a case of personal injury compensation for a traffic accident occurred in Shanghai together. One of the plaintiff’s claims was to require the defendant to bear the transportation expenses, and the main plaque evidence in the proposed transportation expenses was two tickets worth 400 yuan from Chibi to Shanghai. The indictment did indicate that the plaintiff’s husband rushed to the hospital after the accident. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases", the plaintiff's claim can be supported for the necessary transportation expenses. Since the plaintiff’s husband is already at the plaintiff’s side, the 400 yuan ticket is not a necessary fee. Obviously, there is a contradiction between the facts admitted in the plaintiff's indictment and the litigation request and the evidence provided, which directly affects the establishment of the litigation request.

2 Focus on trading habits

The law is only a legal abstraction of social life, and it is not exhaustive of all social life. The law does not make clear provisions on some habits that have no direct impact on social development. In particular, some commercial trading habits may directly determine the rights and obligations of the parties to the transaction without conflicting with the law. Therefore, we should pay attention to the trading habits involved in the case. In many cases, trading habits can directly affect the outcome of a case.

For example, in a dispute over the sale and purchase of a house, the parties signed a "House Order Agreement", and the house has not started construction. Our party claims that the other party is liable for breach of contract. However, the other party claimed that it did not have a pre-sale permit for the house. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Dispute over the Contract for the Sale of Commodity Houses," the contract should be invalid. Our party has no right to demand liability for breach of contract. We argue that according to trading habits, “ordering” is different from “ordering” and it only reflects one trading intention, not the transaction itself. The subject of the contract is not the transfer of ownership of the house, but the contract of sale and purchase entered into by the terms agreed in the agreement. Therefore, the "House Order Agreement" does not violate the "Explanation of Several Issues Concerning the Supreme People's Court's Trial of Commercial Housing Contract Dispute". The contract is valid and the other party should be responsible. This shows the importance of trading habits in litigation.

3 Focus on normative legal files other than law

According to China's constitutional structure, local governments and people's congresses have the power to appoint administrative regulations and local regulations. Although these regulations are less effective than the law, they do have normative effects and can be directly used as legal basis for judgments in litigation. Therefore, they are indeed very important in real-life litigation disputes. Moreover, there is a contradiction between the abstract nature of law and the certainty of law. In order to ensure the coverage of the rules, the law has to use the abstract language to express the rules, which does create a certain distance from the objective facts. In most lawsuits, although there are laws that stipulate relevant issues, the parties that resolve the dispute are not clearly given, and the relevant issues are referred to the normative legal files outside the law. Therefore, we must pay attention to administrative regulations and local regulations in litigation. First of all, it should be noted that the government of the court where the jurisdiction is exercised in the case, the NPC has provisions on the issues involved in the case. Secondly, it should be noted that the industry authorities involved in the case dispute are subject to regulations. Third, analyze the regulations, whether there are contradictions between the regulations, and the level of effectiveness between them.

For example, in the case of personal injury compensation for traffic accidents mentioned above, the laws involved are mainly: Road Traffic Safety Law; the legal interpretations involved are: Interpretation of the Supreme People's Court on Several Cases of Compensation for Personal Injury The administrative regulations involved include: "Regulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China" and "Regulations on the Handling of Road Traffic Accidents"; the local regulations involved are: "Regulations on the Application of Road Traffic Safety Law in Shanghai"; City Senior People's Court Compensation Standard for Personal Injury; "Shanghai Municipal Government Staff Evacuation Standards"

In such a dispute, the number of normative files outside the law involved is greater than the legal file.

4 Note the application of accounting skills in the case

Most of the civil disputes involve the calculation of damages, and the calculation method will directly affect whether the claim can be supported by the court. At this time, introducing some basic accounting methods simplifies the calculation steps and is more easily accepted by the court.

For example, infringement cases that infringe on contractual management rights together. The lawyer used the following method to calculate the amount of damages:

1 Expected losses, based on the turnover in the same period of 2005 as the calculation standard, calculate the benefits that the plaintiff should receive after the contract is lifted. 35% of turnover is used as a profit calculation standard.

2 The salary paid to the employee, due to the default of the defendant, reduces the turnover of the plaintiff, but it is necessary to pay the employee’s salary according to the original turnover. For the salary that is paid more, the defendant should bear

3 Machine depreciation expense, the depreciation amount is calculated based on its useful life compared to the actual service life.

4 The cost of house decoration, the cost of decoration, minus the annual cost of use.

If the accounting method is used to test, this calculation method is obviously unreasonable. According to the basic accounting formula, the profit is equal to the benefit minus the fee. Since the profit is calculated by the benefit of 35, the cost of claiming more paid wages is obviously a double calculation. Moreover, the calculation of depreciation expenses does not take into account the net residual value and the accounting standards applicable to the industry in which the parties are located. Such litigation requests are difficult to get court support.

Law firm internship summary

Internship is one of the most important practices in university study. In the internship, the theoretical knowledge and practice of university study are combined. Internships are very important no matter what professional college students. The law firm attaches great importance to the internship experience of law school students. Lawyers not only need to obtain relevant certificates, but also need relevant internship experience to become a real lawyer.

Law students are generally studying the theoretical knowledge of law at the university. They are lacking in practice. Therefore, in order to combine theory with practice, social practice has become an important learning process for law majors. The internship direction of law students is generally in some law firms. In law firms, interns have more opportunities for training. Law firms will provide a lot of work for interns, such as case sorting, case investigation and analysis, and collection. Information and so on. In the process of practicing law firms, the ability of interns to deal with problems is slowly improved, and the theoretical knowledge and practice of interns learning on campus are fully integrated.

If the professional knowledge learned on campus cannot be combined with practice, then the knowledge learned is always superficial. Even if you study at school very well, you will feel what you have learned when you actually use it. The knowledge is just the tip of the mountain.

All in all, the law firm is an important place for law students to practice internships. The journey of a thousand miles begins with a single step. Although the internship is short, it will be an important bridge for law students to go to the society.