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2019-01-05

{"zh":"汝果欲学诗,工夫在诗外 ——一位实习律师的成长手记(二)","en":"Ru Guo Wants to Learn Poetry, Time Beyond Poetry - Notes on the Growth of an Intern Lawyer (2)"}

{"zh":"

导语:前行是脚步的积累,成长是不断前行的过程。本文为实习律师成长手记系列篇(二),若想了解系列篇(一),请点击下方链接:

https://mp.weixin.qq.com/s/5gRb4U_UV2FZo6l9tsh5eQ

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相对于律师的其他工作内容,出庭是一个显现的工作,能够直接让当事人感知并且评价一位律师,甚至直接判定律师的水平高低。

2018年12月28日,我与指导老师王新平主任一同到路桥区人民法院开庭,这是我实习以来第二次出庭,也是第一次比较完整地接触整个办案流程。案子是一个建设工程分包合同纠纷,我们代理的是原告方,由于被告方临近开庭时间提交了证据,所以我在案件的准备方面有些仓促,也让我意识到了时间管理及抗压能力对律师办案的重要性。

 

庭后,指导老师对我在庭上的表现进行了批评指正,让我认识到许多一直被自己忽视而又一直存在的问题:

首先是细节问题。所谓细节决定成败,律师行业亦如此。虽然已不是第一次出庭,我仍在细节方面存在不小地问题。比如本次我阅卷后忽于检查,以致于证据材料漏印了一部分却没有发现,甚至出现把债的“抵销”错误地写成了“抵消”这样的低级错误。这也让我清楚地明白工作当中粗心大意、马虎了事是万万要不得的。

其次,是态度问题,态度往往决定了高度。庭审中散漫的态度会给当事人乃至法官留下不好的印象,而我恰恰犯了这项错误,庭审中没有携带专用笔录纸,没有做到自觉记录。以及在庭审过程中仪态不够端庄,下意识地跷起二郎腿,都是态度不端正的表现。

再次,不尽人意的方面还有很多,比如对庭审流程不够熟悉,庭审过程中磕磕绊绊;作为代理人发表代理意见时急于避免上一次指导老师指出的语速过慢问题,反倒越着急越紧张,以致于被法官提醒语速过快。

法庭是律师的战场,律师表现的方方面面都对案件的走向至关重要。虽然本次庭审我出现诸多问题,幸亏有指导老师坐镇,力挽狂澜,庭审依然精彩,但我却要为自己的失误深刻反省。

 

我想,“汝果欲学诗,工夫在诗外”,这句话用在律师开庭最适合不过了。庭前的准备和专业的态度是至关重要的。庭审的内容大多数是在庭审之前完成的,庭审只是一个展现工作成果的过程。任何一个案件如果要想有一个完美的庭审,都需要详细地了解案情,甚至将案情烂熟于心,并且认真地分析案件中的争议焦点和法律问题。律师是终身学习、追求极致的职业。庭审的每一次完美表现,都是刻苦练习的终身积累,这也是我们表现卓越的原因。

 

而作为一名实习律师,初出茅庐,重要的是在工作中摆正自己的态度,明确自己的身份定位与岗位责任。一是认真工作,要珍惜这个平台,勤奋工作,做好积累,增长才干;二是努力学习,要有活到老、学到老的意识,多看,多思,多学,不断提升自己的理论知识与业务技能;三是遵守纪律,尽快熟悉各项规章制度,讲政治、讲纪律、讲规矩,做到心中有准绳,行动有标尺;四是注重形象,要规范自己日常行为,无论是工作和生活中的待人接物还是言谈举止,都要自觉承担起维护律师形象的责任。

在以后的工作中,我定会迅速完成角色转换,急当事人所急,并且虚心向指导老师及单位同事学习,主动请教,树立信心,大胆工作。

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Introduction: Moving forward is the accumulation of footsteps, while growth is a continuous process of moving forward. This article is a series of notes on the growth of intern lawyers (2). If you want to learn about the series (1), please click on the link below:

https://mp.weixin.qq.com/s/5gRb4U_UV2FZo6l9tsh5eQ

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Compared to other job responsibilities of lawyers, appearing in court is an obvious task that can directly make the parties perceive and evaluate a lawyer, and even directly determine the level of a lawyer.

On December 28, 2018, I went to the People's Court of Luqiao District with my instructor, Director Wang Xinping. This was my second court appearance since my internship, and also my first relatively complete contact with the whole case handling process. The case is a construction subcontracting contract dispute, and we represent the plaintiff. As the defendant submitted evidence near the trial time, I was a bit hasty in preparing the case, which also made me realize the importance of time management and pressure resistance ability for lawyers to handle cases.

province

After the court hearing, the guidance teacher criticized and corrected my performance in court, which made me realize many problems that have been overlooked by myself but still exist:

The first issue is the details. The so-called details determine success or failure, and so does the lawyer industry. Although it's not my first appearance in court, I still have some minor issues with the details. For example, after reviewing the paper this time, I accidentally checked it, resulting in a portion of the evidence missing but not being found. I even made a low-level mistake of mistakenly writing the "offset" of the debt as "offset". This also made it clear to me that carelessness and carelessness in work are absolutely unacceptable.

Secondly, it is a matter of attitude, which often determines height. The casual attitude during the trial can leave a negative impression on the parties and even the judge, and I made the mistake of not carrying a dedicated record paper during the trial and not consciously recording it. And the lack of dignified demeanor during the trial, as well as subconsciously crossing one's legs, are all manifestations of improper attitude.

Once again, there are still many unsatisfactory aspects, such as not being familiar with the trial process and stumbling during the trial process; As an agent, I was eager to avoid the issue of slow speaking speed pointed out by the previous instructor when expressing my opinion, but instead became more anxious and nervous, resulting in being reminded by the judge to speak too fast.

The court is the battlefield of lawyers, and every aspect of lawyer's performance is crucial to the direction of the case. Although I encountered many problems during this trial, thanks to the guidance of my mentor, I managed to turn the tide and the trial was still exciting. However, I must deeply reflect on my mistakes.

thinking

I think, 'If you want to learn poetry, your time is outside of poetry', this sentence is the most suitable for lawyer hearings. Pre court preparation and a professional attitude are crucial. The majority of the content of the trial is completed before the trial, and the trial is only a process of showcasing the results of the work. If any case wants to have a perfect trial, it requires a detailed understanding of the case, even a thorough understanding of the case, and a careful analysis of the controversial and legal issues in the case. Lawyer is a career of Lifelong learning and pursuit of perfection. Every perfect performance in the court trial is a lifelong accumulation of hard practice, which is also my

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