How Do I Become a City Attorney?

Legal practice for 25 years is a process of continuous practice and accumulation. This book selects more than 30 cases and projects, summarizes 30 insights in the practice of lawyers, and is also 30 issues that lawyers should pay attention to.

Practice: 30 Insights from a Practicing Lawyer

Foreword My Lawyer's Practice View Civil Bank Agency Chapter 1. Litigation Is Not the Best Way to Solve the ProblemThe Widening of Roads and Compulsory Demolition and Re-trial Reconsideration Cases Talk about the Legal Nature of Building Control Areas on Both Sides of the Highway and Related Issues Relevant Issues of House Demolition in the District Chapter 2 Settlement is the result of a successful lawsuitthe reconciliation of the defense of the limitation period of financial asset borrowing and the reconsideration of issues related to the limitation of lawsuit. Awareness of the limitation system of lawsuit: the game of efficiency value and justice valuealso with Supreme People's Court Judge Liu Min Discusses the Limitation System of Action: The Value of Justice Is Above the Value of Efficiency (Text / Liu Min)
Chapter 3 Effective communication is the basis for the success of a large caseComprehensive Credit Guarantee Guarantee Exemption of the First Instance Pleasant Case Talking about the issues related to the establishment and entry into force of the contract Restatement of the reasons for the defence of exemption Restatement of relevant factual evidence Chapter 4 Government litigation Pursuing the balance of judgement-the case of highway compensation for traffic accidents, the government compensation and liability reduction case-and the consequences of the responsibility of dredging traffic control and prohibited traffic control Chapter 5 Malicious debt evaders-requiring the foreign exchange loan guarantee responsibility His attorney is inescapable.
On the Evidence Grasp of the Guarantor's Exemption Defense CaseAnalysis of the Evidence on a Retrial Case of Foreign Exchange Loan Guarantee Chapter 6 Illegal Prosecutor's RingThe Construction Project Fund Responding to the Second Trial Revision of the Exemption Case to the Focus of a Project Contract Dispute Case How to calculate the outstanding project price in this case (Wen / Shunguang Wang)
Chapter 7 The facts of the case and the application of the law are the key to the "Civil Advocate"-dissatisfaction with the sewage treatment fee collection and punishment The second instance of the successful case Explanation of the basic facts of the case Discussion on the application of the law in the case Fortunate or Not-"One House, Two Selling" Double Compensation Retrial Case The original trial determined that it should be supported, and the original trial omission should correct the focus of the court's restatement. Chapter 9 Opportunity is slack, and there is no hope for a fighter-conceal Real estate mortgage facts applicable to punitive compensation case Chapter 10 The victory should be the value pursuit of litigation lawyersRestructuring the company to pursue a huge receivables mediation case Chapter 11 Litigation lawyers should focus on the cultivation and improvement of important evidence collection capabilitiesenterprise separation Chapter 12 of the Joint Liability Exemption Plea Defensive Case is clear and unambiguous, and fair liability is also the purpose of the lawsuit. Chapter 12: Reconstruction of the second trial of the reduction of liability for damage caused by power facilities to human rights. Chapter 13: Believe in scientific conclusions and respect judicial decisions. Chapter 14 of the Successful Case: Purifying the Network Environment Needs the Whole Society to Work TogetherCompensation for Infringement of Reputation Right Using the Network Chapter 15 of the Loss Case: Breach of contract and dishonesty are not protected by lawthe penalty for breach of contract is the deposit penalty of the second trial. The case of criminal defense is the case of non-litigation service.

My Lawyer Lawyer is a profession that provides legal services to society. The work of a lawyer is to use legal knowledge, legal thinking, and legal skills to maximize the protection of the client's interests, benefit the client in legal services, and strengthen the client's awareness of rules and law-abiding consciousness through his own efforts. Adopting a point and a plane, spreading the law and propaganda, and then promoting people to live in harmony and promote the harmonious development of society.
A lawyer is not an angel, but he is by no means a devil. Lawyers cannot make good or bad choices on the personal characteristics of clients, nor can they conduct moral evaluation. The content of their work is to make a legal analysis of the client's interests and provide relevant suggestions. On the matter, the case is the characteristic of lawyers' work. Therefore, the conduct of the client has nothing to do with the lawyer, and the nobility and humbleness of the lawyer's profession and the individual lawyer cannot be judged by this.
The breadth of the scope of lawyer services requires that each member of this profession must learn to treat others with kindness and sincere communication; learn to reason and reason, communicate and communicate; learn to dedicate themselves to work and gain money; and learn to be self-confident and self-cultivation.
Judge communication theory Everyone who is a litigation lawyer hopes to be able to communicate with the judge and be friends with the judge, so that the judge will accept and adopt his own point of view, and fully protect the client's legitimate rights and interests.
There are many channels to communicate with the judges. But the effectiveness of communication depends on the accurate positioning of the profession of the judge and the analysis of the goodwill of the individual judge. This is a prerequisite for approaching the judge and a key factor in determining the legality of the act and the reputation of the lawyer.
It should be affirmed that the profession of judges is a noble and sacred profession. Although higher professional thresholds and popular application scenes cannot be counted as strong evidence, they also at least show that society actively pursues the profession of judges. More than a decade of judge experience has led me to pay more attention to those former comrades-in-arms and the outstanding group. Despite the people's unspeakable words and the dissatisfaction of the society, I still have a deep attachment and admiration for the judges.
An ideal lawyer should shed light on the unfair treatment and evaluation of judges. They should not be followed by others. They should not blame judges for their unsatisfactory cases. Nor should they deny the violations of laws and disciplines by a very small number of judges. Judge group. Because the profession of judges, like the profession of lawyers, is the product of democratic politics. The establishment of judge authority is the guarantee of democratic politics.
Senior judges will not deal with cases only, and take the legal effects of case handling as the sole purpose, but also take into account the social effects of case handling, and can make the two organically unified. They will treat the demands of the parties fairly, make flexible use of legal provisions and the spirit of legislation, and make judgments and balance in the legal sense. The court's existing internal management system makes them often put efficiency in the first place on the basis of a thorough understanding of the case. Handling cases quickly and successfully is the goal and professional ideal of their work. The reason why young judges cannot compare with senior judges in case handling efficiency is often because they are not skilled in examining and judging evidence, and lack experience and confidence in the combination of theory and practice.
Due to the division of labor within the court, judges may only be responsible for trials in a certain field and a certain profession for a certain period of time, without and cannot have too much energy to do in-depth research on some non-common issues. The heavy trial task makes them exhausted, and it is impossible and impossible to make time for in-depth demonstration and investigation of a certain professional or special industry issue. They focus on the case process, the due process, and the responsibility (criminal) determination. But professional beliefs make them hope to have a theoretical depth and a comprehensive view to enrich or modify their judgments and achieve their work goals. Therefore, they are good at listening, as long as they think that their views are correct, they dare to resist pressure and insist on adopting them.
The judge weighs the interests of all parties and judges the right and wrong of the argument. They are unwilling and will not subjectively give one party too much likes and preferences. Because of the openness of legal remedies, the rigor of accountability, and the sense of glory of the judge's profession, they will take into account the social evaluation of the case, and avoid the embarrassment brought by improper cases. They will not come up with ideas for one party, nor will they show their biased position in the trial.
A lawyer is a client's right spokesperson. Its role is to fully and fully clarify the views and opinions that are beneficial to the client, and to demonstrate the legality and legitimacy of these views and claims from a legal perspective. The duties of lawyers determine that they pay more attention to the realization of clients' rights and pursue the legal effects of individual cases. The lawyer pursues the legal perfection of the individual case and has no regrets. Therefore, it is necessary to devote energy to the pertinent research and in-depth discussion of the relevant issues involved and to fully and fully communicate with the judge in writing. Because the success of the case depends on the validity of the evidence, the reasonable legitimacy of the facts supported by the evidence, and the judge's approval and acceptance.
Although judges and lawyers ask questions differently, analyze the breadth of the problem, solve the problem, and pursue different results, their thinking on the rule of law, their understanding of theory, their judgment on evidence, and their use of rules are the same. .
The law is the common God, and the rule of law is the common ideal. As lawyers, we must not only see judges as the executors of law and the owners of powers. We should rationally and clearly see that judges are the true theoretical judges and judicial practitioners. Knowledge is the basis of action, and thought is the premise of action. Only by understanding the judges, getting to know them, approaching them, and communicating with them in good faith can they make a difference.
With the deepening of reform and opening up and the improvement of the market economy, lawyer services are no longer limited to traditional litigation services, and corporate restructuring, bankruptcy and reorganization, corporate mergers and acquisitions, equity transfers, investment financing, financial securities and other non-litigation businesses have been Accepted by many lawyers, the field of lawyer services is gradually expanding.
The lawyer's non-litigation legal service is to use legal expertise to investigate and demonstrate entrusted matters, provide the client and its related organizations with an optimized solution, and issue a legal opinion to help the client remove legal obstacles and thereby maximize benefits. In non-litigation legal services, the focus of lawyers' communication is on state administrative officials in different positions.
Administrative officials are different from judges and lawyers who come from different places.
Different job responsibilities also determine differences in thinking style and work style. Administrative officials always base themselves on macro issues and are good at deciding how to deal with matters through consideration of social effects. They often think in terms of benefits and work hard for them. They value the attitude of their superiors and the evaluation of their colleagues. They do not have the urgency of handling affairs. They only pay attention to the feasibility of their behaviors. As long as they have performed the necessary procedures, they do not need to take responsibility alone. Therefore, they are good at requesting reports and paying attention to research and discussion. They have an official voice, be polite, demand dignity, and be reasonable, normative, and ethical Promise is honest and enthusiastic; although they work in different fields and have different professional divisions of labor, they have similar habits, and their class backgrounds make them have the same educational background, the same desire for knowledge, and the same enthusiasm for progress; they are passionate about showing themselves and pursuing excellence. So make friends and seek common ground while shelving differences.
In light of these characteristics, lawyers should choose communication methods carefully and use communication skills flexibly.
Don't expect to eat gifts please solve the problem. Abnormal speech and misbehavior will cause trouble for both parties. At the cost of freedom, it raises the cost of problem solving. This kind of possible "smashing" is the least cost-effective deal.
Don't hope to get everything done. What administrative officials hope is equal exchanges and sincere treatment, and false pretences and pretensions can only make them sick, have different opinions, and are disadvantageous or even harmful to the handling of affairs.
Don't expect to put pressure on petitions. This is the stupidity and incompetence of lawyers. Because the current laws and regulations are not complete, it is normal for the understanding and grasp of the policy to diverge. The purpose of the petition is to solve the problem, and the department that deals with the problem is the grassroots first. Unreasonably applying pressure has not unified the opinions of the grassroots, but has increased differences and resentment. It is immoral to make people do things for you with tears. The client's illusion should be completely eliminated, the problem statement should be thoroughly explained through his own efforts, and the reasonableness and legality of the claims should be fully demonstrated. Indulging, inciting, or instigating a client to perform extreme behavior is not only against professional standards, but also subject to legal sanctions. This is a taboo for lawyers to practice.
Don't pin your hopes on an oral statement. The state administrative organs' handling of affairs is about stylization and public culture. Administrative officials are unwilling and will not accept oral instructions, which will make them think they have lost due respect and concealed the sanctity of their profession. Without a carrier for signing opinions, there can be no questionable implementation and implementation. Administrative officials writing notes and making phone calls are limited to consulting matters. Major affairs procedures are strict and cannot be resolved by oral statements.
Therefore, lawyers should cultivate their ability to express words. There are two main types of instruments in written communication with administrative officials. The first is a legal opinion, which is a very professional style. It is necessary to pay attention to the use of legal logic and French. The argument is clear, the theory is sufficient, and a little esoteric and implicit can reflect the professional skills. The second is the reflection of the situation. This is a common letter style. Pay attention to the true feelings and be easy to understand. The article should reflect the devotion of attitude, the humor of language, to compliment closeness, and to enhance readability with humor. No one will hate eloquent, well-meaning remarks, and no one will refuse to make a plausible, justified request.
To maximize the client's interests and get the attention and support of administrative officials, lawyers should learn and be good at high-quality written communications.
Company service theory As one of the market players, the company is an important client of lawyers. The company's legal services can comprehensively reflect the lawyer's business ability and work level, and improve the comprehensive quality of lawyers; it can meet the all-round social practice of lawyers, and continuously and stably protect the material foundation of lawyers' practice. Numerous effective company services help lawyers to practice positioning, achieve professional honor for lawyers, stabilize lawyers 'credit rating, and improve lawyers' social evaluation.
There are two main aspects of company services: first, salvation, and second, prevention. "Saving" is to deal with the legal crisis through the work of lawyers to maximize the company's interests. And summarize lessons through individual cases, establish regulations in time, and plug loopholes. "Prevention" means making accurate judgments on the legal risks of the company, causing the company's attention and taking measures to prevent it. The preventive function of lawyers' work has increasingly become the top priority of corporate legal services.
The focus of company service is on the boss, not the employee. The boss is the representative of the company, and the interests of employees may sometimes conflict with the company. Therefore, "the internal stresses harmony, and the external struggle wins and loses" should be the criterion of lawyer service.
Not everyone can be a boss. The boss is an elite in the business field. When the boss sees you as a partner or believes that the profession of a lawyer is to make money, you should decide with dignity whether to provide services. Attorneys are expert aides and think tanks, not accomplices and accomplices. We must always be accurate and perform our duties with due diligence; we must pay attention to principles and distinguish between right and wrong.
Distance produces beauty. Report, don't report often; contact, don't frequent. Don't let your boss feel that you have nothing to do all day, he is your only one. You are the boss's counselor and say the right things at the right time. Ask for the report in the morning and the evening, it's the secretary, not the lawyer.
The boss emphasizes efficiency, and he will always weigh the value and role of the lawyer. If the boss is satisfied, the boss can treat you as your elder brother; if you do something, you may not even be able to do it. The boss praises you face to face, you are half successful; the boss behind you is the real success. The boss approves you in person, is negating your job; the boss approves you behind it, it is ready to stop using you.
If you don't put it in the right position, you will lose it. If you can't do well in one place, you may not be able to do it elsewhere. Don't want others to adapt to you, you should learn to adapt to the environment. People around the boss are kind to you, because you are the guest of the boss. Don't talk to them. Overexposure will let your boss know you have too many shortcomings. Don't frown with the female secretary, it is an offense to the boss, although the woman is not necessarily who he is.
Don't do business with the company, that may make your hard lawyer's expenses a waste; don't trust your boss to do private affairs, which will make your future work unpaid work; don't talk about the corruption of others with your boss, that will make your boss feel that you are Blackmail him or try something else; don't talk to the boss about company management, it may make the boss feel that you are overstepping your power or trying to gain favor.
Don't worry about the small favors of the boss. It is the duty of a lawyer to have a prediction beforehand, a measure in the matter, and a precaution afterwards. The contract comes first, and the contract comes first. The extra rewards will make future cooperation passive, and ultimately it is the lawyer who has nothing to say. Of course, the boss's mood needs to be observed, and the boss's kindness must be appreciated.
Lawyers are not fighting alone. Just as doctors are doctors in hospitals and teachers are teachers in schools, lawyers are lawyers in law firms. All qualified occupations must belong to the organization. Lawyers serve the company and can share the law firm's many resources and gather the wisdom of all the lawyers in the firm. Individual power is weak, and collective power is strong. Let the company understand that the lawyer's service represents the law firm, and the law firm can guarantee the full range and quality of the service.
Lawyers need to eliminate the crisis, not to expand it; to prevent risk, not to increase it; to simplify the problem, not to complicate the problem. Lawyers can talk about skills to the outside, use all means, and exhaust every method, the purpose is to fight for the interests of the company; internally, they must be kind, one is one, the other is two, explain the problem thoroughly, and explain the legal principles.
Lawyers can sum up lessons from the case and make reasonable suggestions, but don't use emotions. You have to ask questions, talk about phenomena, find countermeasures, and do the wrong thing. Because companies need harmony, solidarity and friendship, they never need political movement.
The role of a lawyer is to handle crises and prevent risks. Therefore, "no litigation" is the ultimate goal of company management and lawyer services. When the interpersonal harmony inside the company, the calm outside, and the company in a state of safe production, smooth and orderly, lawyers will have an unparalleled sense of professional glory. This is the highest level of company service.
A lawyer who makes a fortune in getting money is specialized in providing legal services and is a social freelancer. Nothing to do will have no source of living and no old-age security. Therefore, since ancient times, it has been paid service. A society ruled by law provides a system guarantee for the practice of lawyers. Lawyers can charge pieces, charge on time, or risk agents. The legality of lawyers' labor income has been confirmed by national laws and regulations, which is a manifestation of remuneration according to work.
Hiring a lawyer is expensive. "This is my lawyer," "I have something to say to my lawyer." These words are not for everyone. Hiring a lawyer or not is the client's choice, just like other recreational activities. The difference is that the former is to relieve sorrow and the latter is to enjoy. A person can hire a small lawyer or a barrister. The essential difference lies in the level of consumption, not the size of the case and the ease of affairs. Although it is not necessary to use a sledgehammer to kill chickens, there is no prohibition on the law, and anyone can decide freely. The client may consider identity, and may show importance.
Lawyers rely on performance and word of mouth. With performance and word of mouth, coupled with accurate predictions, feasible measures, and expected results, the client will naturally pay fees voluntarily, and pay fees cheerfully. Young lawyers may not have these advantages, so learn how to withstand loneliness, withstand poverty, and withstand temptations. Relying on dedication to create performance and trade hard work for word of mouth can also start quickly and develop steadily.
Lawyers are not businessmen. They cannot be rich, but they can earn high salaries. A lawyer is a servicer, not a decision-maker; a trustee, not a client. No matter how successful the results and how big the benefits are, there is a destination, but it is never a lawyer. Although lawyers have made significant contributions to achieving these results or benefits, it must be clear that lawyers are "trusted" and should be "loyal."
Not all the money paid by the client is a lawyer. When you have all your lawyer's fees in your pocket, you become an unruly person because taxes are a must. This is a legal obligation. Even if you are penniless or in debt, don't break through this bottom line.
The desire for money is human. To pursue, but not to be obsessed. Expectations are too high, which can easily make people feel upset and even take risks. Understanding money as numbers may be less greedy. How much money is made is related to the ability of lawyers, but not necessarily. Legal aid is an obligation, a responsibility, and a noble realm.
Money is earned, but some money can never be collected. Attorney fees are the labor remuneration of lawyers and nothing more. Sometimes, public relations may be needed, and lawyers can acquiesce but not participate. There are multiple ways of public relations, not necessarily tied to money. The client has a purpose in paying the fees, so don't simplify the purpose. Things within the scope of responsibility must be handled, and other things must be learned to refuse.
Not all cases require money, and not all matters are charged. For the disadvantaged groups, public welfare affairs, government consultation, etc., the fee was waived, but it won respect, advocated justice, and gained attention. For the risk agent, the actual effect and the client's evaluation are considered, and the fees may not be fully charged according to the order. Taking the client's satisfaction or dissatisfaction as the standard as a service fee principle can make lawyers' practice develop soundly.
There are levels of spending. Honoring the elderly and caring for children is an obligation; donating to the weak and dedicating to society is character.
Lawyers should learn to cooperate, talk less and do more, and think carefully; they should be good at sharing, honor others, and blame themselves. One plus one can be greater than two, and cooperation can do big business and achieve big business.
Don't talk about income before a judge. Attaching importance to the feelings of others is a kind of respect and care. The same is a legal person. Friendship is friendship, and disparity in income can make people uncomfortable. Don't talk about corruption in front of loved ones. Under the same roof, the hope of relatives is health and peace, concern is a relationship, and worry is a pain.
Don't pass on contradictions. The unsuccessful outcome of an unsuccessful lawsuit is the incompetence of a lawyer. Don't ask for rewards. It is the lawyer's responsibility to defeat the winner.
As we all know, the income of lawyers' professional groups is uneven and the disparity is huge. However, no matter whether it is poor or rich, lawyers must respect and strengthen themselves. Practicing depends on strength and making money. Earn money from companies to serve individuals, money from rich people to serve poor people, money from big cases to serve small cases, and money from non-litigation cases to serve lawsuits. This may guarantee the lawyer's balance of income and expenditure, and ensure the long-term safety of the lawyer's practice.
Practicing idealistic lawyers is a highly socialized profession, and the breadth, depth and influence of serving the society is far higher than other legal professional groups. Therefore, lawyers should be activists who benefit the society, effectively become guardians of individual rights, umbrellas for vulnerable groups, and mentors and friends of the general public, and spread the concepts of freedom, democracy, equality, the rule of law, and human rights to millions of households.
Lawyers are a highly specialized profession. Their professional quality and practice skills directly determine the quality of services and directly affect the client's property, rights, life and social justice. Public power is not perfect. Its 1% error means 1% individual tragedy. The existence of the lawyer profession is to restrict the laissez-faire of public power and reverse the deviation of law enforcement. Therefore, lawyers should be rigorous scholars, popularize the profound jurisprudence, systematize complex facts, provide counter-reasons for unreasonable sophistry, and find corrective evidence for conclusions that run counter to axioms.
I have always insisted that jurisprudence should be based on practice and serve practice. I always believe that ideal justice is the perfect combination and unification of theory and practice. Regardless of the trial work in the past, or the legal service of today, I have always advocated and practiced the pursuit of the true practice of the law as always. Regardless of whether you are studying in a university or studying for a postgraduate entrance examination, there is only one purpose: to improve theoretical literacy and use theory to guide practice.
Learning the law thoroughly and using the law to the full is the basic skill of every lawyer. The purpose of serving large companies is to reduce and avoid various risks, and promote the company from big to strong and become a century-old store. Serving small companies is to clarify ideas, standardize management, and help companies grow from small to large and grow steadily and rapidly. Serving government agencies is to standardize law enforcement procedures, improve administrative efficiency, improve work style, and increase awareness of convenience. Serving ordinary people is to protect individual rights and pursue fairness and justice. Acting for the victim is to get rid of violence and uphold justice. The defense of the defendant is to protect basic human rights and allow criminal suspects under the high-wall power grid to feel justice and equality in justice. Lawyers should use their own work to sprinkle the sun of the rule of law for all corners of society, so that the public can experience the warmth and comfort of the sun.
Lawyers should be bold in exploration, good at research, and good at summing up. The lessons will be empirical, the experience will be systematized, the way for the latecomers will be guided, the perplexities will be pointed out, new fields will be opened for the lawyer industry, and new paths will be sought.
Lawyers need to be grateful, do things with prudence, and be pious. Use the sunshine mentality to treat people with the world, and use words and deeds to affect, inspire, and inspire people.
The essence of lawyer service is theory, and the dissertation is the embodiment of theory. The collection and publication of my dissertation is a review of eight years of practice and an exploration of the path of practice.
He has been engaged in legal practice for a long time, and he has read a lot of books. In each piece of incisive text, clear points of view were presented in front of the eyes, then sealed in memory, and unknowingly transformed into consideration of individual cases. I have no intention of plagiarism or repetition, nor do I intend to plunder the beauty of others. I feel guilty for this kind of growth and forget the source, and worry about not being able to trace the source one by one. Only by standing on the shoulders of the predecessors and giants can we look higher and farther. To this end, we must sincerely thank everyone who has devoted their efforts to the development of law.
Time flies, years are like songs, and the friendship of the past is unforgettable. The pride and ambition of the first judge was preserved because of the teachings of Yin Yin, former president of the court, and the brotherhood of more than a hundred police officers. You can't forget the smiles, smiles, and teachings of the late old judges, and you can't forget all the judges who stand side by side and encourage each other. Their encouragement and encouragement made me political progress, mature thinking, good thinking, and dare to challenge. They always pay attention to me, support me, joy for me, worry for me. Only when they are proactive and successful can they return their goodwill and sincerity.
Affection is always warm. My parents' wrinkles and white hair record my growth, and obedience to filial piety is my motivation. The daughters are well-informed and sensible. I want to impart their knowledge and humane principles, so that they can learn to be kind and kind, and to be pragmatic and tolerant.
Committed to becoming an academic lawyer is my lifelong pursuit. Win with professionalism and serve others with dedication. When he was young, he was aggressive, devoted, preached and taught, and spread the law to the people; when he was old, he was hidden in the market, or he belonged to the mountains and forests. Life is like this, I wish I had no regrets.