Some time ago, the senior lawyer "Ishishima Lawyer" on the headline said to me in a WeChat private chat, "The old brother is writing more and more like an old lawyer." "It scares my heart tight, is it because I'm a little arrogant?"
Hurry, reflect on yourself. I didn't want to know, and even I was shocked when I thought about it. Originally from 1996 began to participate in the court, enforcement, and then went to Japan to appear in court bankruptcy cases, to deal with a variety of Japanese lawyer letters, to draft their own complaints to the court to file a case in the past few years, and then to represent their own company to respond to labor arbitration, etc., and even for so many years passively did not leave legal practice.
Of course, looking back now, I can only say that I have experience rather than the experience of a lawyer in the strict sense. So my internship was almost from scratch, but experience was very helpful in finding ideas to solve problems. However, my age also has a great influence on me, the supervising lawyer is younger than me, and the other lead lawyers are almost the same age as my girlfriend, which is really embarrassing everywhere.
In particular, every time I appear in court, the judges of the court will have a strong "interest" in me, and will communicate before or between trials. They thought to themselves how could there be such a white-haired "uncle" level intern? In addition, the original growth phase is old. To be honest, I don't like to appear in court too much to respond to lawsuits, but the internship management system requires that you must participate in enough actual cases to qualify for the internship.
Having said all this, in order to illustrate that a "trainee lawyer" like me belongs to the top of the chain of contempt, if there is no substantive "use value", young people do not like to take me to run business. I don't complain about them and I understand their thinking. It is for these reasons that I am forced to make my abilities proportional to my looks.
In his book "The True Face of Jurisprudence", Japanese jurists pointed out that the legal business engaged in by lawyers is essentially legal interpretation. In other words, paper laws are transformed into three-dimensional living laws. Further interpretation in easy-to-understand terms is the practical application of laws and regulations. The essence of lawyers' business practice is how to apply legal provisions to real disputes to resolve them.
This is also the reason why the "facts as the basis, the law as the criterion" is derived from and stipulated in article 3 of the Lawyers Law? Yesterday I said in the article "Cognitive Misunderstandings of Trainee Lawyers" that it is very crucial for a trainee lawyer to have insight, but this understanding is a combination of theoretical knowledge and experience, and we study the law for use, in order to solve the problems of the parties, so the second paragraph of the second paragraph of the "Lawyers Law" stipulates the "three safeguards": lawyers should safeguard the legitimate rights and interests of the parties, safeguard the correct implementation of the law, and safeguard social fairness and justice.
Specifically, how to get the case, how to develop the idea? Some people will say that there are many templates and many cases on the Internet, and there is always one that suits you; either wait for the guidance lawyer or the lead lawyer to give a plan. For these ideas, it is better to leave them behind early. Prospective professionals who have already received legal theory studies are really unqualified to have such illusions, strictly speaking.
I generally search all relevant legal provisions, judicial interpretations and typical cases according to the facts of the case, combine the evidence and legal basis for the three-sex examination of evidence, and then conduct a compliance inspection of the parties' claim rights and legal basis. If you are complex, use professional software to draw a reasoning map to see what kind of results can be achieved based on logical reasoning. Imagine that the judge will question the difficulties, how the opposing party will defend, list the legal basis for responding, and so on. If you expand in detail, an article is not enough to write. In short, to develop the scientific steps of handling cases on your own, this is one of the keys to the internship period.
I don't know how others position the profession of lawyer, I always think of lawyers as "technical work". Because the application of law relies on logical reasoning as a means, the evidence is conclusive and has the characteristics of evidence-based, which requires lawyers to practice and must be the development process of legal technology.
In short, the ultimate goal of studying law is
In order to solve the practical problems of the parties, the accumulation of practical experience is the top priority of the internship period. But these need to master the scientific method and develop their own case handling habits to endorse.