August 6(th)
I went to Pinzheng Law Firm as an intern today. What took me was a middle-aged man of about 40 years old, lawyer Chen Zhiyong. When I first arrived at that law firm, I was very nervous and afraid that the lawyer would ask me questions. In case my mind goes blank and I am despised. How uncomfortable. It was not until I was settled down that I honestly sat in the reception room and began to watch Justice in China, and my uneasy heart slowly relaxed. I remember someone telling me to talk less and do more. I really have nothing to do. Take out the garbage, clean the table and mop the floor. Besides, it's impossible for me to start working with a broom on the first day. People must think there is a new cleaner! Yeah, so I just sat there quietly. I smile at everyone and feel a little silly. I just said hello to people around me.
August 7
Today, I went to Dinghai District People's Court to fill in the filing materials. I was so dizzy! The people in that court are really embarrassed. Because we have filed a case in that court before, this time we are going to pay some litigation materials and legal fees. But I went to the filing court, and no judge said this was the case. (In fact, it was already noon, and only two judges were working in the window of the filing office. ) I handed the materials to the judge in window 2 according to the instructions of legal aid. But the judge motioned me to go to the window 1 to find the judge. At the same time, the judge who motioned to me and the judge at window 1 didn't know what they were whispering. The judge at window 1 also looked at me. Then I went to the 1 window and the judge looked at my materials and said, what are these things? Where are your filing materials? I said these things, didn't I? What are these things he said? Anyway, I'm completely confused by his question. Because I'm really unfamiliar with this case, I don't know what I'm talking about here and I didn't read it. I thought I just had to do what the legal assistant said, but I didn't expect this. Some things must be understood more deeply by yourself.
August 8
Today, the leaders of the Justice Bureau came to the office to inspect the work. In the evening, I had dinner with the leader for the first time. I don't know what to do, and I can't talk casually, because I have always been an intern.
It's just that a director of a certain bureau happened to sit next to me, and I didn't know what to say to him. I just agree with what he said. I think I should listen to my elders, so they all nodded like this.
Later, when I saw that others could pour tea, I learned to pour tea, and it was very hidden. If I don't pour tea, I think I'm useless there, just eating, it's too cold. Anyway, I'm a junior there, so I should do this.
August 9
These two days are very depressing. I have been working for almost a week. I've only written the agency statement, and I haven't been exposed to other businesses. Lawyer Chen who takes me always goes out to work. Of course, I can't go with him, and I haven't been to court once. I summed up the reasons, perhaps because I have no experience and can't help, so I can only stay in the office to sort out and read documents.
August 10
Get up in a hurry in the morning, rushing to modify the contract I forgot last night. As a result, I was almost late and couldn't hand it in. After discussing the price calculation in the contract with the master, I realized that every contract can not be separated from the professional knowledge background of the industry. Lawyers must set foot in a wide range of professions. To handle medical disputes, we must have a preliminary understanding of medicine. There is even a lawyer with a master's degree in medicine in the office. For labor disputes, we should be familiar with the labor law and even the nature and characteristics of each kind of labor; Economic securities cases are a great test for lawyers' financial knowledge; The most difficult thing is that if a lawyer wants to support himself, he has to handle various businesses and broaden the source of the case.
August 13
Time is tight at noon, because I have to go home for dinner, 12: 30 to go back to the law firm for a meeting. The meeting was long and lasted until three o'clock in the afternoon. This is a weekly training for interns. The director first talked about some matters needing attention, messages and so on. I started as an intern, and then Mr. Chen began a long business etiquette training. It is said that next week is actual training, and everyone finally breathed a sigh of relief.
August 14
The most unforgettable thing in the afternoon was a visit to customers abroad. In the office, lawyer Yang entrusted a person to visit one of the parties in a contract dispute case of a foreign trade company. Hehe, the opportunity is rare, so I signed up regardless of my foot pain. When I got there, I just started listening to the client's case, which was called a fog. I thought it was not difficult for me to understand this case, but as a result, I really don't know anything about foreign trade agents. Fortunately, lawyer Yang patiently explained that I finally figured out the ins and outs, legal relations and shame. . .
Because there are many things involving trade secrets, I won't say much here, but at least this time I deeply realized how different theory and practice are.
August 15
This morning, I went to the Intermediate People's Court and listened to a case of lawyer Li in the office. The Intermediate People's Court is magnificent. The appellant's agent was full of enthusiasm and passion, and the court was full of shouts for fear that no one would notice him. It's ridiculous to laugh at lawyer Li one after another and say that he is not familiar with the case. Lawyer Li chuckled to himself and reminded the appellant's lawyer to read the evidence he submitted and the agreement he reached. After that, the judge said, let's mediate. You should both contact customers. The opposing lawyer seems to be involved too much, pretending to be the party, and everyone will definitely disagree with mediation. The judge was depressed and the lawyer felt nothing. He looks tall. He said aside that if so, the lawyer would be scolded by Judge X of XX court.
August 16
Lawyer Guo said that when the Intermediate People's Court opened in the morning, six defense lawyers sat together and didn't listen to what the prosecutor was saying. They look at the K-line chart with notebooks. After lunch break, Mr. Xu drove home immediately, leaving him alone. The green stock market affects the hearts of countless people. Lawyer Li stopped to say how hard I work overtime every day. Didn't you ask for it? At work time, you push everything back behind closed doors-but now he doesn't realize how crazy he is, he doesn't even see customers, and he doesn't push it to an assistant like Xiao Hong.
June 65438, 2007
At 2: 30 in the afternoon, there is a lecture on "Property Law and Real Estate". Several interns arrived at the meeting place by rubbing on Mr. Chen's Buick. The big scene really impressed them! I wonder if all the law firms in the city will send staff to attend? Lecturers are interesting, but unlike attending classes at school, I can always hear lawyers around me whispering about the lecturer's views and expressing different opinions in lectures. The so-called letter book is better than no book. They are always skeptical about external information, but they can also get rational inspiration from other people's views, which is much worse than our sponge absorption method. It seems that this is also the result of social tempering!
In fact, I was deeply impressed by the discussion on the legal issues of real estate at the meeting, especially the issue of distinguishing ownership. At first, I was at a loss, but after asking Mr. Chen for advice, I suddenly had the urge to study deeply!
August 20(th)
On the first day of the third week of internship, I personally went to the front line of internship and participated in two parties' consultations, a reputation infringement dispute and a representative lawsuit of a family real estate dispute. Of course, I will occasionally express my opinions, but most of the time I am listening to lawyers' legal opinions and analyzing the statements of the parties. Meeting the parties is really a science. It is necessary to find out the controversial legal relationship from the life narrative of the parties, clarify the demands of the parties and find the best solution for the parties (in fact, the best solution is often not litigation). In the afternoon, a group of people studied the contract dispute documents on behalf of the defendant, and accepted the assignment of revising renovation contract.
August 2 1
Now I know that lawyers are actually a fairly free profession. Just like in a law firm, there are more than a dozen lawyers, and one on duty every day is responsible for receiving people who come to consult and prepare for litigation. We all call them customers. The remaining lawyers can do whatever they want, and there is no limit to whether they can come to the office. They are completely free, but they usually come here when they are free. How can they live at home? Sometimes they take cases in the office or often talk to other lawyers. In any case, freedom and holidays are still one of the conditions that people value more. It seems that the lawyer industry has chosen the right one.
August 22(nd)
There will always be a consultant on this day, involving the contractual compensation of the guarantor. Probably the creditor wants to skip the debtor and claim the creditor's rights directly from the guarantor. The debtor offered to sell his property to pay off his debts, but the creditor disagreed. When the house was bought is still uncertain, so it is easier to save money. The court has ruled that the guarantor has paid off the debt, and the guarantor who came to consult missed the appeal period and has reached the implementation stage. Finally, the solution given by the lawyer is to submit an execution objection. There was an episode in the middle. Because of a little mistake in the lawyer's memory, I almost thought someone had interpreted it wrong. Later, I read the law and found that there are differences in legal provisions for different situations, that is, in the joint and several liability guarantee, the creditor can directly claim the creditor's rights from the debtor or the guarantor, while in the general guarantee, the creditor can only claim the creditor's rights from the guarantor on the premise that it cannot claim the creditor's rights from the debtor. The lessons of the Guarantee Law often make the memory more profound. Being a lawyer can't be sloppy. The law is so strict that there can't be any mistakes. Later, the lawyer asked in detail if there was a sentence in the agreement (even the contract was not signed at that time) that if the debtor was unable to repay the debt, the guarantor would bear it or something similar. After confirming that it is a general guarantee, it is meaningful to submit an execution objection. But think about it, is the court really so careless that it can't even figure out whether it is joint or independent?
August 23 rd
I don't know why I am so tired today, and I will fall into a semi-coma from time to time. In fact, I think that reading a book "Justice in China" by normal people is more fragrant than sleeping with tranquilizing mind tonic liquid, and it is the same as listening to English. It seems that reading still has many benefits, and this method is worth popularizing.
August 24(th)
I went to the district people's court again in the morning, and the evidence collector said. I ran from the sixth floor to the fifth floor, then to the second floor, and then to the sixth floor, with a big bag of documents in my hand. Poor thing. After copying the documents, I walked a long way to take the bus, and then I walked a long way back to the office when I returned to 100. The bakery along the street still smells attractive ... the hunger that has passed is coming again. Fortunately, I have a delicious meal to guide me.
August 27(th)
After receiving the task assigned by lawyer Chen, I was very motivated. Think carefully about writing at home on weekends, search online for information about fraud crimes and discuss with others. I handed in my legal opinion at work today. After reading it, Teacher Chen said, "Not bad, it has the potential for training." This sentence made me happy for a long time.
August 28(th)
In the morning, Mr. Chen and I went to the detention center to meet the suspect Lu, and learned about the situation at the time of the incident. After meeting the suspect, he returned to the office to exchange views with other lawyers on whether Lu constituted a crime. Lawyer Chen also let me know the relevant laws, regulations and judicial interpretations again.
In the afternoon, I concentrated on reading laws and regulations about all kinds of fraud in the office. By the way, it made up for the lack of studying criminal law during school, and let me have a deeper understanding of the criminal composition and forms of various frauds.
August 29(th)
Contract fraud has been going on all day. Well, it's really insidious. I don't know who to trust. Many people accuse our client. Does he really have a problem? Although more than n parties in Hong Kong and Taiwan films are bad people, I still hope that the parties are innocent when they meet their heads. Isn't it completely spotless? At least not the mastermind. But now the accomplice seems to say that our client is heinous, and all the scams are planned and manipulated by him ... who should I believe?
I'm going to the detention center tomorrow. Maybe I'll find something new when I meet my clients.
August 30(th)
I made a mistake today. I was late for my first visit ... Oh, it was really bad. Good thing I'm just an intern. If I get paid, I don't know how to be approved. ...
So I walked for a long time before I returned to the law firm, and I was still sorting out the files in the office. People will come to check on Monday, but our lawyer is still in a meeting to receive guests. The thick file was put aside and there was no time to sign it. I have to go to court in the morning, so I don't think I have time. No more surprises.
August 3 1
Type the contract and reply. After studying the binding machine for half a day in the afternoon, I found that my brain is a bit funny and not flexible now.
Lawyers are really busy. I have piled up a lot of documents, but I haven't finished writing the summary yet. This does not affect my work progress. I can only sleep under the air conditioner.
Chatting with Mr. Liu at noon, studying first, I found that I was actually very advanced.
September 3
Today, I am sorting out the files again. I worked so hard that those barristers didn't have time to make it up. I'm embarrassed to do it any more.
In the afternoon, no one was here except lawyer Wang. Now my client is really racing against time. At 4: 30 in the afternoon, I was ready to go home, and he came. Then I must stay and accept it. Out of courtesy, I won't leave until he finishes ... it's equivalent to adding another class.
September 4th.
Today, the director is on duty. It is not uncommon for a person who is busy all day with a lot of cases in his hand to sit in the office all day and earn those consulting fees. When it's his turn, the cashier often watches for him. Although they are only cashiers, they are no worse at answering questions than regular lawyers. At first, I was worried about whether she was competent, but later I was ashamed of her doubts. When I expressed my admiration for her, she proudly said that civil law was her strength. I suddenly have a feeling that studying law at university is really useful. It seems like a waste, just like learning English. Maybe she can teach herself completely, and the effect may be good. Just like her, she has been in the law firm for a long time and is also capable of taking the lawyer's license. On second thought, are all liberal arts students the same? A day later, I met the same problem again, and I still couldn't figure it out.
September fifth
This morning, I consulted a rural farmer about the sale of houses and land. Now, more and more people are aware of using legal weapons to protect themselves. Maybe they can't even write their own names, but when they encounter problems, they will ask a lawyer for help regardless of their different places. However, according to the meaning of the civil law teacher, China now puts a little too much emphasis on this legal weapon, that is, he only wants to go to court in everything, and even some judges take the initiative to help encourage them to go to court to solve disputes, which is a bit excessive. In fact, in western countries, people have paid more and more attention to how to make better use of non-litigation to solve some legal disputes, and are paying attention to the scientific formulation and improvement of this system. Unfortunately, it must be affirmed that compared with many aspects of western countries, China is always one era behind, just like the concept of marriage and love. Western countries now pay attention to the concept of family and faithful love, and China is the frontier of opening up. Maybe everything has such a development law, and it takes a fixed period of time to make them constantly change into new shapes.
September 6th.
There is a consultation about medical malpractice claim today. In fact, there are very few lawyers taking over such lawsuits now for two reasons. First, the vast majority of lawyers have no medical background, and it is too tiring to fight this kind of lawsuit, so they are not dominant. Medical malpractice litigation involves medical professionalism, and it is impossible to thoroughly understand the root or real cause of the accident in a short time. Although the law stipulates that the burden of proof is reversed, in reality, medical institutions and medical appraisal institutions are mutually ventilated. China is a human society. Unless the victims have strong contacts in medical institutions, it is difficult for them to make favorable appraisal results for the victims. All colleagues. If it is not illegal, they naturally don't want to offend the hospital and let the hospital bear huge compensation. Of course, they also have a conscience. The victim was lucky and didn't need any feelings. This is the way of the world. The second reason is a bit tacky, because lawyers have worked hard to lay down this lawsuit and can only charge a small fee. Even if they do, they won't spend money on their conscience. Because most of the clients who entrust lawyers are badly hurt, the family's financial resources may be hollowed out by endless medical expenses, and they have won some money through litigation. I don't know how long they can hold on. Who will have the heart to reach for it again when they look miserable? Even the income from labor is equally uneasy to spend. In this way, pay and gain are always out of proportion, so there is the situation mentioned above. Many successful victims of such cases go to collect information and go to court on their own. The gap between imagination and reality is always so big that we can only hold back the pain in our hearts and face the reality.
September 7th
The meeting this morning was very lively, and many people came to consult. I mainly read the case file. I only read one file in the afternoon, which is a bit complicated. It took about 45 minutes to sort out the materials completely, involving three cases, which went through the first and second trials, and some of them went through the retrial of the court of first instance before appealing. I think it will be after 5: 30. I can't wait to talk to Master Chen and talk about my own ideas. Master Chen also raised some unsolved problems. I haven't read their proxy words or news clues. I'll have a look tomorrow and communicate with Master Chen. It was already six o'clock when I left today, but neither Master Chen nor Lawyer Zhang had left yet. I heard that I was waiting for a client.
In short, today is also very busy, not boring, quite good.
September 10
This afternoon, I went to the local court to watch a struggle between judges and lawyers. The scene is quite intense, from impassioned to whispering. Both sides say that the other is an expert with deep qualifications and experience, and compliment each other in person. On the one hand, lawyers agree with the judge's words, on the other hand, they don't compromise on the fact finding, and the quarrel is fierce. So the judge started talking … and then the lawyer … couldn't tell the inside story. Through this experience, I also understand that, of course, it is only self-speculation: how judges mediate between the two parties to reduce the workload, and how lawyers protect the interests of the parties to deal with the judge. Generally speaking, it is quite hard for a lawyer to engage in a job that most people think is low-end and high-paying. On the one hand, they are jealous and despised by some people, and they don't cooperate with their work. On the other hand, they are treated by their peers' judicial organs ... and learn to grasp their own direction in these eyes. Lawyers rely 50% on industry technology and 50% on personal social and other comprehensive abilities.
September 1 1
In a police station in Dinghai, call out the household registration of the party concerned, extract a copy, and let the police station stamp it. A famous policeman asked two legal questions, involving a debt dispute. In fact, I have seen and heard many similar disputes. Creditors get into disputes because they only consider the possible income when borrowing money, but ignore the risks they will bear. Sometimes even for personal benefit, the concept of contract is blurred, which leads to vague concept and brings trouble to oneself. It can be said that "cleverness is mistaken for cleverness".
September 12
In the afternoon, I stepped into the district court again, ready to file a case, but failed again. There are several reasons. First, I forgot to copy and endorse the check when I copied it. Second, the parties to a bill dispute must be those who can reflect the bill relationship, but we failed to do so. Third, the complainant's unit is wrong. In fact, most of the time, the contents of the book are understandable, but it is easy to neglect at the beginning, and it is easy to go wrong when busy. But in general, we should be cautious in handling cases. The failure of many cases is not ignorance or ignorance or helplessness, but mistakes or forgetfulness.
September 13
Today, my master arrived at 9: 30, so I quickly called the first person who came to consult and told her a case. The case is this: she found an intermediary to buy a house and paid 20 thousand yuan for the house. As a result, she didn't want the house. Who knows that the intermediary company turned 20 thousand yuan into a deposit without authorization, and even the invoice was not given to her, so the intermediary said that if you don't buy a house, the 20 thousand yuan deposit will not be refunded. Later, when the parties wanted to sue, they hastily wrote a complaint and handed it over to the court, and now they come to the law firm for consultation. I'm dizzy ... I read her complaint, and her own entrance deposit was fully converted. It seems that it is difficult for her to win this lawsuit. No wonder she came to consult. Unfortunately, who could have predicted the storm in court? Because she didn't hire a lawyer, she basically had to come back for nothing.
September 14
I went to the court in the morning, handed over yesterday's written application for execution to the responsible judge (Mr. Chen contacted the judge in advance), and went back to the office to look through the file. Lawyer Chen hasn't come yet. Yesterday, he said that he had something to do in the Intermediate People's Court this morning and would come to the office later. I can check the files of his previous cases.
Only Mr. Tong, Mr. Yang's assistant, is in the office today. All the other lawyers are out on the case. Because they were about the same age, they soon chatted. Graduated from Zhejiang University Law School in 2006, passed the judicial examination in the same year, and was introduced to the present law firm as an assistant. The salary is paid by lawyer Yang, and there is no social insurance. The law firm did not pay social insurance for the assistant according to law, which is very unexpected for me, a student who is still at school. My view of social security is: everyone is a law student and should have basic respect for the law; It is also a kind of respect for the assistant that the lawyer buys social security for the assistant, so that the assistant will have a basic sense of security and can work better for the lawyer. I feel that when I apply for a job in the future, I must apply for social insurance myself, and my rights and interests are won by myself.
September 65438, 2007
An employee of my company asked me about the violation of labor rights and interests. He may think I'm a lawyer. The employee had a traffic accident on his way to work and was recognized as a work-related injury by the local labor department. However, because the enterprise did not apply for work-related injury insurance in time, it did not get corresponding compensation. So, he asked me how to protect his rights and interests. I just made preparations for labor-related laws and regulations a few days ago, and his problems can be protected through arbitration by the local labor department. So, I answered in detail. He was excited and said that I had helped him a lot. When lawyer Chen came to confirm my answer, I was proud of my behavior. But at the same time, remind me that in the future, employees of client units will come to consult legal issues, and the problems are all caused by illegal enterprises. At this time, we should avoid answering such questions. He also said that you will gradually understand what I said when you practice in the future.
On the way home in the afternoon, I have been thinking about what lawyer Chen said, and I still can't get a good explanation. In the evening, I read an article on the Internet. When a lawyer bravely put forward illegal legal opinions on labor protection in the consulting unit for the benefit of the employees of the consulting unit, the consulting unit terminated the consulting contract. I don't know if this is the same reason that lawyer Chen is worried about.
September 18
In the afternoon, I ran to the court for a walk. There were three or four people standing at the door when I came out. When they saw me coming, they said, Comrade, can you call us a taxi? Without thinking too much, I nodded and ran out to help them stop a car. Drivers are also very interesting. I told him to stop at the door, but he insisted on waiting for me far away. He also asked me loudly if I had no feet. I ran over to explain that I was helping someone stop a car. People might have inconvenient feet, so he drove the car to the door. At this time, the men rushed out of the court gate, got into the car, and at the same time fought from the other side of the building, about 65433. While cursing very ugly words and curses, he rushed over. Before I knew it, the taxi had already taken them away. These angry women cursed me and said that it was immoral. Die a natural death? Your family ... I suddenly ran back to the lawyer's building in fear. I can't do good things these days!
September 65438, 2009
Today, an old woman came, because her lawyer was busy (more importantly, because she didn't have money), and she dragged me to insist that I give her an answer, saying that her question was simple, so I crustily skin of head and agreed, and then her first sentence made me very depressed. She asked: Are you married? I said no, and she said, Ah, well, it should be a little difficult for you to understand. ..... My daughter is infertile and goes to the hospital for examination. The doctor asked her to do a series of tests (I listened to a lot of gynecological terms for half an hour), which caused great pain and caused inflammation. She wants to know if she can sue for compensation. I explained it to her for a long time, and finally she said, I can't tell you too much. Think about how painful it is for a couple not to live together for more than three months! Do you think I can't make them pay for this mental damage compensation? ! I'm so embarrassed ...
September 20(th)
In the afternoon, Mr. Chen and I went to Zhoushan Labor and Social Security Bureau to verify the compensation standard for industrial injury death in Zhejiang Province. After several hours, I finally got the information I needed. After the reunification, we immediately calculated the amount of compensation for work-related injuries. The families of the victims thought that the amount of compensation calculated in this way was low, and they thought it should be more than 350,000. Lawyer Chen patiently communicated with them. "Compensation for work-related injuries is only a part of civil rights, and then you can claim other civil rights from the criminal suspect. This is calculated according to the law. As our lawyers, we should respect the law and not make unreasonable demands on it. At present, the most important thing for us is to take measures to communicate and negotiate with the security company as soon as possible, so that things can be solved smoothly. Tomorrow, the security company will send a person in charge, and we must ask them to give specific time to negotiate, otherwise the compensation problem will not be solved. " After several hours of communication, the families of the victims accepted our opinions.
September 2 1 day
I went out to collect evidence with lawyer Wang today.
I was going to get to know each other's factory, but when I got to the industrial zone, I was stopped by security guards. Finally entered the industrial zone, but there was no way to enter the factory, because the registration at the factory gate had to verify who I was looking for, and he had to call the person I was looking for in advance. I didn't intend to have direct contact with people inside them, so I had to come back with nothing.
I have to admire that the results of the survey company are quite different. What is the content of the floor plan, the number of workers and the annual output? They are very specific, but this is someone else's secret, so it is definitely impossible to tell me.
September 24(th)
Chatting with the accountant in the office today. I think the management of the company is very important.
As a profit-making unit, enterprises must consider economic efficiency.
How to improve the profitability of enterprises is a very important issue.
But a good lawyer is not necessarily a good manager.
When I have my own firm in the future, I must devote enough time and energy to consider how to improve efficiency, increase income and satisfy customers.
September 25(th)
At half past eight, the master came and said, let's deliver the contract together. I asked: huh? Don't check it? Say: Talk to you later! .............. used to be a consultant, and this contract is for reference only.
At lunch, the master talked about the next case.
Going back in the afternoon, I plan to complain twice and sort out some materials. "I will file a case next Monday," said the master.
September 26(th)
I contacted a survey company today. The so-called investigation company is the folk public security, that is, the detective agency. I want them to catch people who infringe intellectual property rights. Those investigation companies generally have a public security background, and it is said that the Ministry of Public Security in Beijing can also talk about it.
Now the police come out as detectives, the tax bureau comes out for tax consultation, and the judge justice bureau comes out as lawyers.
September 27(th)
The internship is almost over, and the master invited me to dinner. We talked about two months' internship experience, and I talked about my internship experience. Master wants me to study hard, pass the exam and become a colleague. I learned a lot from master, and I am very grateful.
September 28(th)
When the internship is over, I bid farewell to everyone in the institute and wish me success in my study. I wish them good health and rich financial resources.
From: Sun Jingxiong author