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2023-08-03

{"zh":"执业一年的小小感悟","en":"A Little Reflection on Practicing for a Year"}

{"zh":"

浙江利群律师事务所  冯懿律师

 

时光荏苒,白驹过隙,一转眼我已经执业满一年了。回首这一年的执业经历,有独立办案赢得诉讼的喜悦,也有面对复杂疑难案件思如乱麻的困惑,点点滴滴,历历在目,感触颇多。总结这一年来的工作经验,我觉得自己作为年轻律师要从以下几个方面来加以努力。

 

作为一名年轻律师,我觉得正确的心态是前进的不竭动力。既然选择了当律师,就等于选择了一条充满艰辛与挑战,但又给人无限希望的人生道路,只有抱定脚踏实地,戒骄戒躁,积极努力,乐观向上的良好心态,才能够应对接踵而来的考验与挑战,才能够在遭受挫折与打击时尽快的调整过来,重新振作继续前行。要做一名成功的律师,就需要有丰富的实践经验和深厚的人脉积累,这些都是我们执业时间尚短的年轻律师所不具备的,我们虽然已经具备了独立执业的资格,但在业务能力上与资深律师仍有着巨大的差距,因此,我们必须要认清现实,做足充分的思想准备,才能在今后的工作中做得更好。

 

作为一名年轻律师,我觉得丰富的知识是发展的最好保障。我们都通过了司法考试,掌握了大量的法律条文,但是,当我们面对复杂疑难案件时,会发现生搬硬套法条是根本行不通的,这是什么原因呢?就是因为法条是高度浓缩的法律语言,我们只掌握了表面文字所传达的信息,而对其内涵以及立法本意掌握的较为肤浅。这就像武侠世界里的功夫一样,光有华丽的招式只会被人耻笑是花拳绣腿,只有那些内功深厚的人才能够将招式发挥的淋漓尽致,克敌制胜!就拿公司法来说,我国的《公司法》短短二百一十九条,算上三个司法解释,也不到三百条,可法律实践中,公司案件类型却是如此的丰富,操作又是如此的复杂,公司设立、资本、股东权益、股权确认、股权转让、高管义务、解散清算、破产等等,这每一项内容都是一门深厚的学问,光掌握区区二三百个法条是不足以解决实际问题的,因此我们应该抓住时间,多多阅读一些专业书籍,在掌握法条的基础上,进一步挖掘其立法本意和理论思维,只有深刻理解了,才能在面对复杂疑难案件时准确的抽茧剥丝,找出核心问题所在,更快更好的解决问题。

 

作为一名年轻律师,我觉得积极的实践是成长的唯一途径。俗话说:闻千曲而后晓声,观千剑而后识器。律师行业是一个非常注重实践性的行业,书上所学的知识与实际办案所碰到的问题有很大的区别,很多的案件只有经过不断的操作才能准确把握其中的要点,包括各地的法院往往都有自己的一些特点,这些都需要我们在实践中熟悉、掌握,因此我们年轻律师一定要珍惜机会,多看多做,丰富自己的实践经验。平时,在帮老律师们整理材料的时候,我们要带着思想去进行,边看材料边动脑筋,形成自己的思路,有条件的情况下还要尽量形成文字材料,通过这种平日的锻炼,我们可以很好的提升自己在诉讼准备阶段的案件处理能力以及法律思维能力。此外,我们还可以多跟随其他律师一起办理案件,多做些辅助工作,参与或者旁听庭审过程,从庭审中汲取各家所长,以此来提升自己的实战经验,让自己在今后的办案过程中更加的从容自信。

 

“宝剑锋从磨砺出,梅花香自苦寒来”。年轻律师的道路是曲折的,前途也是光明的,我们只有摆正心态、刻苦钻研、不断实践,才能够逐渐提升自己的能力,才能在竞争日益激烈的律师行业中开创自己的一片天地。我热爱这个职业,愿意为之奋斗,也希望能得到大家更多的指点与帮助,力争早日成为一名合格、优秀的好律师!


","en":"

Lawyer Feng Yi from Zhejiang Liqun Law Firm


Time flies, and in a blink of an eye, I have been practicing for a full year. Looking back on this year's professional experience, there are joys of independently handling cases and winning lawsuits, as well as confusion in the face of complex and difficult cases, every bit of it is vivid and touching. Based on my work experience over the past year, I believe that as a young lawyer, I need to make efforts in the following aspects.


As a young lawyer, I believe that the correct mindset is an inexhaustible driving force for progress. Since choosing to become a lawyer is equivalent to choosing a life path full of hardships and challenges, but also giving people infinite hope. Only with a solid and down-to-earth attitude, guard against arrogance and impatience, actively work hard, and an optimistic and upward mindset, can one cope with the upcoming tests and challenges, and adjust as soon as possible in the face of setbacks and setbacks, to regain one's composure and continue moving forward. To become a successful lawyer, we need to have rich practical experience and profound network accumulation, which are not possessed by young lawyers who have not yet practiced for a short time. Although we already have the qualification to practice independently, there is still a huge gap in our professional abilities compared to senior lawyers. Therefore, we must recognize the reality and make sufficient ideological preparations in order to do better in our future work.


As a young lawyer, I believe that rich knowledge is the best guarantee for development. We have all passed the judicial examination and mastered a large number of legal provisions. However, when faced with complex and difficult cases, we may find it impractical to mechanically apply legal provisions. What is the reason for this? Because the legal provisions are highly concentrated Legal writing, we only know the information conveyed by the surface words, but have a shallow grasp of its connotation and legislative intent. This is like martial arts in the world of martial arts, where only magnificent moves can be ridiculed as flowery fists and embroidered legs. Only those with profound internal skills can fully unleash the moves and defeat the enemy! Taking the Company Law as an example, China's Company Law has only 219 articles, including three judicial interpretations and less than 300 articles. However, in legal practice, the types of company cases are so diverse, and the operations are so complex. Company establishment, capital, shareholder rights, equity confirmation, equity transfer, executive obligations, dissolution and liquidation, bankruptcy, and so on are all profound knowledge, Mastering only two or three hundred laws and regulations is not enough to solve practical problems. Therefore, we should seize the time, read more professional books, and further explore the legislative intent and theoretical thinking of the laws and regulations. Only by deeply understanding them can we accurately unravel and identify the core problems when facing complex and difficult cases, and solve problems faster and better.


As a young lawyer, I believe that positive practice is the only way to grow. As the saying goes, after hearing a thousand songs, one can hear the sound, and after observing a thousand swords, one can recognize the tools. The lawyer industry is a very practical industry, and the knowledge learned in books is very different from the problems encountered in actual case handling. Many cases can only be accurately grasped through continuous operation, including courts in various regions that often have their own characteristics, which require us to become familiar with and master in practice. Therefore, young lawyers must cherish opportunities, read and do more, Enrich oneself with practical experience. Usually, when helping veteran lawyers organize materials, we need to carry our thoughts and use our brains while reading the materials to form our own ideas. If conditions permit, we should also try to form written materials. Through this daily exercise, we can effectively improve our case handling and legal thinking abilities in the litigation preparation stage. In addition, we can also follow other lawyers to handle cases, do more auxiliary work, participate in or attend the trial process, draw on the strengths of each institution from the trial, in order to enhance our practical experience and make ourselves more confident in the future case handling process.


The sword edge is sharpened, and the fragrance of plum blossoms comes from the bitter cold. The path of young lawyers is winding, and their future is also bright. Only by adjusting our mindset, studying diligently, and constantly practicing can we gradually improve our abilities and create our own space in the increasingly competitive legal industry. I love this profession and am willing to strive for it. I also hope to receive more guidance and help from everyone, and strive to become a qualified and excellent lawyer as soon as possible!


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