I think that the overall situation of lawyers' employment in the future is not optimistic! I think this point of view will be overwhelmingly opposed!
1. Matters within the scope of the lawyer.
The lawyer I am talking about is a lawyer in a broad sense, including not only lawyers with a lawyer's license, but also lawyers with a Xi certificate.
A Xi lawyer with a Xi certificate is a lawyer who does not fully have the functions of a lawyer, and is a person who helps a lawyer with a lawyer's license to engage in auxiliary work, and through these auxiliary work to acquire professional skills.
2. The overall development plan of the state for the lawyer industry and the demand for the actual legal service market are two different things.
1. The state's planning is a development plan focusing on its own interests, rather than a planning focusing on the market's demand for legal services.
2. The demand for legal services is closely related to the degree of economic development, and there will be different levels of legal service demand, which has the particularity of legal service demand.
While the overall number of lawyers remains unchanged, there is a serious overdemand in some industries, and a serious shortage of demand in some industries.
In a group that can only provide general legal service needs, it is not possible to meet the very different demand for legal services.
In the case of the overall legal service supply market is becoming more and more inflated, it will definitely not be able to accommodate the demand market for legal services, and one day it will be a thunderstorm. There are too many law schools, too many law graduates, more and more people who have passed the legal professional qualification, and more and more people who are engaged in the legal profession.
3. Under the condition that the demand for legal services remains unchanged, the increase in the number of lawyers can only lead to the situation that lawyers cannot find jobs.
4. In the case of shrinking demand for legal services, there will also be situations where the supply side of lawyers in the legal service market cannot find a job.
5. Only when the demand for legal services continues to expand, can the supply side of lawyers be expanded.
6. Under the premise of the continuous decline of the economy, the demand for legal services in the market can only be less and less, and the supply side of legal services will continue to increase the supply, so it will inevitably be difficult to find jobs in the future.
Third, the lawyer profession is not a beggar's gang.
Lawyers are also normal people who need to survive on their own and also need to support their families. When the overall average income level of the legal profession does not meet the normal needs of a family, then lawyers can only switch to other jobs.
You can't let the lawyer go without food, beg on the street, and join the ranks of the beggars, right?
Fourth, it is difficult to find a practical Xi position!
As a Xi student, you need a Xi position, but there are not so many positions that require Xi. It is an employment relationship, and the law firm needs to bear legal responsibility.
In the past, Xi Xi students were required to pay a Xi fee to the law firm when they entered the law firm, and the law firm was willing to accept it. Now it is still necessary for the lawyer to pay wages and labor insurance; if it is necessary to bear labor legal responsibility, then why should the lawyer ask for trouble when the lawyer firm does not need Xi personnel! Therefore, in the future, it will be difficult to find a Xi person.
Xi lawyers are not required at the law firm level. Specifically, the need for a Xi lawyer should be a lawyer who has done a better job, and a lawyer needs a business assistant. This is the instructor of the Xi lawyer. How to examine whether a Xi lawyer is needed? Then it is necessary to see whether the person is ready to work in a law firm for a few years, and whether he is suitable for the profession of lawyer? If he is just to spend the Xi period as a Xi lawyer, then the law firm and the instructor will not hire a Xi lawyer. The employment contract between the law firm and the Xi lawyer will certainly not be for one year. If the Xi lawyer breaches the contract at the end of the Xi period, then the lawyer has the right to pursue the legal responsibility of the Xi lawyer. Although the Labor Contract Law does not have an effective accountability system for employees' breach of contract.
The position and work needs of Xi lawyers in law firms is a topic that needs to be well studied. This is very different from the way law firms operate. There are two modes of operation of law firms: one is the current affiliated mode of operation, and the other is the integrated labor mode of law firms. Let's take a closer look.
1. The affiliated mode of operation actually Xi the role and position of lawyers.
The affiliated mode of operation is that lawyers are affiliated with the name of the law firm, and each operates independently and is responsible for its own profits and losses, so as to circumvent the restrictions of the Lawyers Law on individuals to open law firms, and in essence, the purpose of opening individual law firms is only to meet the needs of practicing in accordance with the law in terms of form. The actual operating entity lies with the specific individual lawyer.
The first legal relationship is the labor relationship between the lawyer and the law firm, but the essence is the legal relationship of independent operation and self-financing, and the second legal relationship is the labor relationship between the law firm and the actual Xi Xi lawyer or the hired lawyer, and in essence, the employment relationship between the boss lawyer and the actual Xi lawyer and the hired lawyer.
The third legal relationship is the labor dispatch relationship between the boss lawyer and the law firm, between the Xi lawyer and the hired lawyer for his own use, and the law firm.
The boss lawyer needs to pay the salary and labor insurance and other expenses to the hired Xi lawyer or hired lawyer, which can be paid by himself to the Xi lawyer and the hired lawyer, or these fees can be paid to the law firm, and the law firm will pay these Xi lawyers and hired lawyers. The labor insurance fees for the Xi lawyer and the hired lawyer can be paid by the boss's lawyer to the account of the Social Security Bureau, or the fee can be transferred to the lawyer's account for unified payment to the lawyer's human resources and social security account. The boss lawyer needs to pay the law firm a certain amount of labor dispatch income for the use of the hired lawyer and the actual Xi lawyer.
All legal risks arising from the work of the Xi lawyer and the hired lawyer shall be borne by the law firm, and then the law firm shall recover from the boss lawyer.
2. Integrated labor relations.
It is a complete labor relationship! That is, the law firm provides the lawyer with the case, and the lawyer handles the case according to the intention of the law firm. Lawyers themselves do not have the independence to handle cases, and everything should be done in accordance with the intentions of the law firm. Lawyers do not have the autonomy to accept cases externally, and the right to receive cases lies with the law firm. The law firm shall pay the lawyer's salary on a monthly basis in accordance with the agreed salary, and pay the labor insurance portion of the fee that the law firm shall pay. Whether there is a bonus at the end of the year depends on the overall economic efficiency of the law firm and the willingness of the law firm. All lawyers employed in the law firm are employees of the law firm. Belong to legal workers.
There are very few law firms in the country in this way! This is the direction of law firms in the future.
At present, such law firms exist in law firms that are involved in bankruptcy teams and law firms that are involved in related financial matters.
This is also the case with smaller law firms. This situation is just a symptom, and I will continue to see it as the direction of law firms. The current business mode of law firms will die out in the competition of the legal service market!
In the future, it will be very difficult for Xi lawyers and hired lawyers to find jobs! Why? Because law firms will be reduced, the group of lawyers is too large, and the supply exceeds demand; the operation mode of law firms will change from affiliated to integrated labor relations.
In the integrated labor law relationship model, the law firm will decide whether to hire a Xi lawyer and hire a lawyer according to the actual needs of all personnel entering the law firm, rather than the open recruitment of all lawyers who are willing to work in the law firm.
So, where will the surplus of lawyers and lawyers go in the future? I think the first way is to weed out those who are already old, weak, sick and disabled. The second part is to engage in public interest activities, become a public interest lawyer, rely on financial subsidies to maintain basic survival, if you cannot improve the quality of legal services, you can only be completely eliminated by the legal service market.
The lawyer industry is the same, and it is also a game of "carp jumping over the dragon gate". If you can't jump into the "dragon gate" within ten years, you have been eliminated from the legal service market, and you don't need to continue to dream of making a fortune in this market. It's better to know it yourself.
When you look at Houlong, you feel that your lawyer business is not good, so you come to the old people's apartment under the big tree to cool off for a while and sober up.