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The case is closed and the case is closed-attach importance to the role of lawyers in mediation

Lawyer Wang Bing: Educational background: Bachelor of Testing from Northwestern Polytechnical University, Bachelor of Laws from Shandong University of Political Science and Law, CET-4. Business expertise: nearly ten years of work experience as a lawyer, has undertaken nearly 1,000 criminal defense, real estate disputes, road traffic accidents, industrial and commercial insurance cases, and served as perennial law for more than a dozen units such as Zibo Water Resources Management Office, Linzi Urban Construction and Development Company, etc. Consultant, qualified to engage in the legal business of shareholding system reform, is a lawyer of "Luzhong Morning News", a member of "Zibo Evening News" legal aid team, and a part-time teacher of Zibo Vocational College. In order to promote social harmony and stability, the Supreme Court put forward the litigation principle of "mediation priority, mediation and judgment combined", and strive to achieve "settling disputes and ending the case." In terms of achieving the goal of "the case is closed", the function and effect of mediation are better than judgments. At present, due to social concepts, legal environment and other reasons, my country’s diversified dispute resolution mechanism is not yet complete. Under realistic conditions, mediation is effective in alleviating social conflicts, making up for deficiencies in laws and litigation procedures, properly resolving disputes, and saving judicial resources. The advantages are becoming more obvious. "The case is over" is the clearest summary of the advantages of mediation. I think whether the lawyer has the awareness of "the case is over" in the process of handling the case directly affects the progress of the case and whether the dispute can be resolved smoothly. Therefore, we cannot rely solely on the courts to do this work, and lawyers are obliged to play their due role. Lawyers start from accepting the client’s entrustment, that is, using the legal knowledge of procedures and entities to provide legal services to the client. Lawyers can provide legal services to clients at every stage, from analyzing the case to collecting evidence, from filing a case to acting or defending in court, from the first instance to the second instance, applying for retrial, and applying for enforcement. When lawyers use proficient legal skills to advise clients, do they stand to uphold the dignity of the Constitution and the law and insist on legal entities and procedural justice, or stand on the standpoint of both parties to resolve disputes and avoid litigation? Obviously, it will lead to Two different results. Because the client will trust the lawyer he hired more than the judge because of the position issue, this is the crux of the problem. For individual cases, it is very difficult to reach the conclusion of the case by relying on court mediation without lawyers. For example, in a traffic accident case, the victim's lawyer can mobilize the parties to accept the defendant's compensation instead of "fighting the lawsuit to the end"; defense Lawyers should spend huge sums of money on compensating the victim’s family and gaining understanding from the family, not on "opening up relations." Therefore, the cooperation of judges and lawyers is particularly important in the mediation process of litigation cases. The relationship between judges and lawyers is the most sensitive issue. Although the two belong to the same legal professional community, there are indeed differences in their roles in litigation activities, and they cannot be avoided on the way to the goal of "the case is over." It is not easy for a lawyer to make money, because the client will not go to court if he has no other means. In other words, the client who has filed a lawsuit once in his life entrusts his difficult matters to the lawyer to handle it. If the handling is not good or there is a mistake, The pressure on lawyers is very high. However, some judges did not realize this, did not show good looks to the lawyers, scorned and ridiculed the lawyers at every turn, and even did not save face to the lawyers in front of the parties. How can this play the role of lawyers in case mediation? From another point of view, the attorney's agency fee is charged in accordance with the law, and the lawyer is not so willing to give the judge a share of the pie. Besides, the income of judges is allocated financially, while lawyers generally have no salary. All income is “distributed” in the market by social recognition and popularity. Especially young lawyers suffer from the lack of case sources, and the problem of food and clothing is still difficult to solve. Some judges also have a bad habit of asking the client how much they have paid, and then telling the client, "How to pay so much, what's the use!" This has reached the point where it is difficult for the judge and the lawyer to cooperate. This is generally the case. The consequence of this is that the mediation is not s
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24
2010-05

The dilemma of professional ethics, the dispute between lawyers' commerciality and social justice

Time of issue: : 2010-05--24
Lawyer Huang Baoxue graduated from Shandong University of Economics in 1997. He once worked in a listed company and has been engaged in legal affairs and management for nearly ten years. He has extensive experience in the field of corporate legal affairs. He has acted for dozens of economic, civil and criminal cases in the past few years. Professional areas: real estate business, corporate legal business, economic disputes, criminal defense, etc. Practicing philosophy: Lawyers must not only be proficient in the law, but more importantly, solve problems. Practicing creed: To be a lawyer, you must have a sense of justice, do not win cases that should not be won, and do not lose cases that should not be lost. A lawyer had just won a major lawsuit, and he immediately telegraphed his client: "Justice has been won." His client called back immediately and eagerly: "Appeal immediately!" This is an old joke about lawyers. Although the joke is short, three baggages are revealed: First, it is not the righteous party that wins; second, the parties are most concerned about and only care about the result, regardless of justice or not, third, the interests of the parties are the justice pursued by the lawyers. The first two issues have nothing to do with lawyers or have little to do with lawyers. The third burden is the professional ethical dilemma about lawyers’ value orientation, also known as the dilemma of lawyers’ commerciality and social justice: when the interests of the parties conflict with social justice , Should lawyers maximize the interests of their clients, or should they pursue social justice as their responsibility? Under an ideal structure, the two should be unified. "Lawyers should safeguard the legitimate rights and interests of the parties, safeguard the correct implementation of the law, and safeguard social fairness and justice." In reality, however, such conflicts are lurking in all cases. "Formal contradiction" is like the two sides of a coin. Two parties dispute their interests. When one party is on the side of lawfulness and justice, the other party must stand on the side of injustice. Lawyers can only choose to stand on the side of one party. Therefore, the interests of the parties are The struggle with social justice is bound to happen. This difference in position has also attracted two radically different positive and negative evaluations of lawyers from the society, which can be described as mixed. 1. The first thing that any profession solves is the problem of livelihood, except for the saint who likes to live a life of "one meal, one drink, in the back alleys, people are overwhelmed, and will never change their happiness". Lawyers generate income by providing legal services to their clients. They have a contractual and commercial relationship with the clients. Since they are contractual relationships, they should be honest and trustworthy. Since they are entrusted to the clients, they should be loyal to them and seek in the existing institutional framework. The way to maximize its benefits. The commercial nature of the lawyer profession inevitably requires that the value guide of the lawyer profession is to maximize the interests of the parties. Only by maximizing the interests of the clients can the commercial value of the lawyer profession be reflected. There is no doubt that lawyers aim to maximize the interests of the clients. "Lawyers must protect the legitimate interests of the parties" is just a beautiful assumption under the ideal of the law. Careful scrutiny hides a logical error in it. Just like the "innocent assumption" theory, since "the lawful judgment of the people's court is not allowed to anyone Determined to be guilty". So what is a legitimate interest must be defined by the final judicial decision, because the function of a lawyer is not to assist the court in discovering the truth of the case. When accepting an entrustment, the lawyer can only know the case through his own party. The function of the lawyer is to act as the spokesperson of one party, innately standing. From the standpoint of one's own party, he is not the ultimate judge. If what he strives for is not the maximization of the interests of the parties, but the legal rights or social justice, shouldn't he go on his behalf and confuse himself with the judges? How can we win the trust of the parties by putting social justice above the interests of the parties? Therefore, lawyers seek to maximize the interests of the parties. It is the basic social value and prerequisite for the existence of the lawyer profession. 2. Lawyers must maintain social fairness and justice. This social responsibility is a mission entrusted to lawyers by the law and a "red hat" that distinguishes the lawyer industry from other industries. Fairness and justice is the "backer" behind lawyers---the core value of the law. Lawyers use this to win the trust and respect of the public. Maintaining social fairness and justice is the expec
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24
2010-05

On the Lawyer's Self-discipline

Time of issue: : 2010-05--24
Lawyer Wang Yi, male, born in October 1958, is one of the founders of Shandong Dadiren Law Firm. He is currently the Chairman of the Supervisory Board of the Law Firm and concurrently serves as Shandong Jinling Mining Co., Ltd. (abbreviated as "Jinling Mining", stock code) :000655) Independent director. East China University of Political Science and Law graduated with a bachelor's degree, graduated with a master's degree in economic law from the Graduate School of the Chinese Academy of Social Sciences, a third-level lawyer, once went to the countryside, engaged in business management, and served as a civil servant. He has been working as a lawyer since 1993. Qualified as a lawyer to engage in the legal business of shareholding system restructuring. In April 2000, he participated in the State-owned Assets Property Rights Legal Affairs Training Course of the Ministry of Justice and the Ministry of Finance. In April 2002, he participated in the Training Course for Independent Directors of Listed Companies jointly organized by China Securities Regulatory Commission and Fudan University. I completed my studies. I participated in the training course for senior managers of listed companies organized by the Shenzhen Stock Exchange in August 2008. I have been employed as an arbitrator by the Zibo Arbitration Commission since 1995. He was named an excellent arbitrator in 2007; he was named an excellent arbitrator in 2007. The second ten best lawyers in Zibo City. Business expertise: corporate legal affairs, real estate legal affairs, criminal defense. In people’s eyes, lawyers are a freelance profession. To tell the truth, compared to corporate employees who clock in and out of get off work every day, lawyers may have more freedom in their time and do not need to go to work on time, nor do they need to be compared to civil servants who work from 9 to 5 Working in class, but freedom is not lax. In a free working environment, strict self-discipline is required. Lawyers seem to be free on the surface. In fact, they are under a lot of pressure and working hours generally exceed eight hours. Fen hoof". As an old lawyer who has been in the business for nearly 20 years, I would like to talk about the self-discipline of lawyers. I think this is the most essential thing in a lawyer's work. 1. The self-discipline of lawyers, the most important thing is to maintain good living and working habits The work of lawyers is a highly independent work. The development of business, the maintenance of social relations, and the establishment of personal credibility are all maintained by themselves. At present, most law firms are a loose collective, and individual lawyers are busy with individuals. Due to the private characteristics of the industry, the whereabouts of lawyers are generally not publicized except in the office or in court. Lawyers have little contact with each other, and law firms lack or are unable to formulate effective disciplinary constraints. . Because of the relative independence and freedom of the lawyer profession, the life and work of a lawyer is entirely dependent on personal self-discipline. First of all, you need to develop good habits in your daily life. You have to face the troubled work with a full mental state every day. A lawyer who is slack and faint is destined to become depressed day by day, and it is hard to get better at work. Secondly, lawyers should always maintain a generous and decent attire. How can a casually dressed or even sloppy lawyer win the trust of others. Most importantly, lawyers' court sessions, visits to consultants, and client appointments require careful overall planning and strict punctuality. The court session must be on time. If you are five minutes late, the acting plaintiff may face withdrawal of the case; acting as the defendant may encounter a trial in absentia, which should be considered gross negligence for the lawyer. For the customer's appointment, if you are really incapable of doing it because of busy work, you must explain it frankly and obtain the customer's understanding. Having been a lawyer for a long time, sometimes it is inevitable to slacken off. It is a big taboo to be a lawyer. Lawyers should always keep in mind "being entrusted by others and loyal to others" and must not be perfunctory. These are not only responsible to the parties, but also to oneself. Whether a lawyer’s life and work style is capable, vigorous and vigorous, or procrastinated and lost, to a certain extent is the appearance of professionalism, a manifestation of the strength of self-discipline, and a lawyer with weak self-discipline cannot be competitive The legal service market has a foothold. 2. The key to lawyers’ self-discipline is to abide by professional ethics and create a good image Lawyers can lash out in court, but they are debating legal principles and arguing about facts. They can’t use bad words to hurt others. Lawyers can promote themselves appropriately, or they can pro
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24
2010-05

Talking about the Visibility of Lawyers' Legal Services

Time of issue: : 2010-05--24
Lawyer Liu Wenguo: Bachelor of Laws and Bachelor of Laws from Shandong University. He has worked in a large state-owned enterprise and has been engaged in management affairs for nearly 20 years. Business expertise: criminal legal affairs, labor disputes, corporate legal affairs, work injury business agency and personal injury compensation cases. Attorney Zhang Yongqiang: Bachelor of Law of Shandong University, business expertise: corporate legal affairs, contract legal affairs, bill disputes, transportation, medical care, school, work-related accident disputes, marriage and family disputes, labor disputes, criminal legal affairs. The legal services provided by lawyers are intangible and cannot directly perceive the amount of labor and the value of labor. Clients have doubts about the lawyer’s work and cannot be trusted. The lawyer charges such a high fee for a few words and pens. Is it worth it? The client ignores the lawyer’s work for no reason, and thinks that the case is a natural result, so he won’t ask the lawyer to win the case. If the case is lost, he complains and slanders the work of the lawyer, and then he complains against the lawyer, even hesitating to go to court with his former agent. Lawyers feel wronged, their labors are not understood, let alone respect, and they cause troubles, so that they are tired of lawyers' business and irrational thinking about human nature. Lawyer's labor is a kind of complicated labor, and lawyers have not tangibly fixed their labor products and then presented them to clients. Many problems are caused by this. The following is roughly based on the process of communication between lawyers and clients in civil litigation business to talk about this experience and communicate with you. 1. Before accepting the order Lawyers must first establish the awareness of tangible legal services provided by them. This awareness runs through the relationship between lawyers and clients. Starting from the contact between lawyers and clients, lawyers should make their services tangible. Before formally accepting the commission, the method and content of mutual communication should be fixed. The lawyer must fill out the "Legal Consultation Registration Form", record in detail the client's relevant identity information, brief case information, the lawyer's main points of answering the client's legal questions, client opinions and contact information, and finally must let the client sign and print. On the one hand, this information can be processed and sorted and managed, which is valuable for future analysis of the market, opening up the source of cases, studying the effectiveness of the law, and statistics on case data; on the other hand, customers will feel a rigorous and responsible work style. Experience the formality and dignity of the lawyer's work, thereby increasing the client's sense of trust. 2. Accept the entrustment process The lawyer should fill in all the blanks such as the registration form, commission contract, power of attorney letter, law firm letter and other documents in front of the client. After the client signs it, explain the content, function and legal meaning of these documents to the client clearly. . General law firms have a fixed format "Risk Notification Letter". In addition, after analyzing the case, lawyers must also prepare a targeted and forward-looking "Case Risk Notification Letter" according to the specific case (Note: The risk notice is signed after accepting the entrustment, and it is mentioned here for the sake of narrative.) Let the customer sign it, and the customer will feel that you have worked hard on the case after careful consideration and careful analysis. What is informed is the risk of the client, and what is avoided is the risk of the lawyer. All types of legal services provided by lawyers, authorization authority, service stage, agency fees, etc. must be fixed during the commissioning process, and a copy of the client must be submitted for reference; if there is any agency fee reduction or exemption, the "Approval of Agency Fee Reduction and Exemption" shall also be filled in "Form", record the type of case, the amount of the target, the reason for exemption, the amount of exemption, the examiner, etc., so that the client must sign and confirm it to reflect the strict and standard of the lawyer's fee system. In particular, lawyers collect litigation fees, collect case-handling travel expenses, communication expenses, etc., which must be handled through the financial department to avoid disputes in the future. Documents such as the travel expenses of the lawyer handling the case are not only proof of settlement, but also a demonstration of the lawyer's labor. 3. After accepting the commission, before the trial (1), transcript of conversation. After accepting the commission, first understand the case from the client’s statement and the lawyer’s communication with the client. Many clients often treat the lawyer as a judge,
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