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2023-08-07
{"zh":"实习感悟","en":"Internship insights"}
从小就很喜欢看TVB的律政剧,看着里面的大状们在法庭上唇枪舌剑、口若悬河,觉得好威武好神气。大学主专业虽然不是法学,但我利用课余时间辅修了一门法学二专,并完成所有课程获得了法学学士学位,幸运的是还通过了国家司法考试。能来到利群所我真的很开心,因为它意味着我在职业律师的道路上迈出了重要一步。
一年的实习时间虽然不长,但是从前辈和老师们身上我真的学到了很多东西,而这些都是我在书本里从未涉及的知识。下面谈谈我在实习中获得的一些感悟:
一、观念的转变
记得毕业的时候,所有人都对我说做律师很辛苦,特别是女孩子更不适合,应该去考个公务员或是事业单位,工作轻松安逸稳定。可我并不这么认为,或许真的是小时候TVB律政剧看多了,我是打心底里向往律师这个职业。
来到利群后,更加证实了我之前的选择并没有错。曾经对于职业的选择或许还有很多迷茫和不确定性,可现在却有了一种从未有过的豁然开朗的感觉。我愈来愈发现自己对法学有了更深厚的兴趣和信心。从老师和前辈们的身上,我感觉到了他们对法律工作的热爱,而他们的行动也证明了这一点:将对正义的追求和自我价值的实现结合在一起。这本身就是一件无上光荣的事情。我很庆幸我能成为一名律师,我更庆幸我能将自己的兴趣和职业联系在一起,而不是仅仅把它作为一个谋生的工具。今后的职业道路还很漫长,当下所能够做的就只有用大量的理论和实践武装自己,培养法律思维和其他基本社会人文素养,从而更好的融入到这份工作中。
二、工作收获
我的工作内容虽然大部分没有太大的技术含量,毕竟自己的经验知识还是有限的,但即使琐碎的工作还是让我学到了很多。工作的耐心与细心,这些品质都是我在点滴中培养起来的,相信它对于我以后的学习与工作会有很大的帮助。除了这些,也涉及到一些专业工作,虽然处于皮毛的层次,但让我对法律工作有了更深的了解,对于我未来的职业规划也起到了一定作用。
1.人际交流。
进入社会,我们要跟不同的人接触交流,特别是律师这个职业,交流沟通占据工作的重要位置。不仅要跟当事人交流,还有当事人家属、法官、检察官、公安以及其他各个部门,其中交流沟通的态度和技巧则非常重要。
记得有一次,李钟年老师带我去临海看守所会见,会见之前要把公函交给经办的警官。李老师说,刑事案件中面对公安,我们的态度应该不吭不卑,既不高傲,也不自卑。我们与公安是平等的关系,会见是我们的工作也是我们的权利。我们要努力尽到律师的职责,同时也要协调好与公安的关系,如此才能维护好当事人的利益。除此之外,在调查取证以及与其他部门沟通的过程中,态度礼貌、把握分寸,这些细节都是需要注意与加强的。
2. 法律文书。
大学虽然对法学知识进行了系统的学习,但是大部分都是理论知识,很少涉及实践操作。即使通过了司法考试,可是初入律所,我甚至连一份起诉状都不知如何提笔。通过翻看老师和前辈们的案卷,以及查阅网上的示范模板,我渐渐的熟悉起来。在此真的非常感谢老师和前辈们对我的帮助和锻炼,让我逐渐学会了各种文书写作:起诉状、答辩状、质证意见、代理词、财产保全申请书、解除保全申请书、延期举证申请书、行政复议申请书、取保候审申请书、执行申请书、撤回仲裁申请书……从最初的漏洞百出,到后来的渐渐完善,从中我真的学到了很多。
一年的实习工作中,文书写作占据了大部分内容。其实,写出一份基本合格的文书很容易,因为只要将要表达的内容写出来就行,但写出一份优秀的文书却是很难的,因为表达的方式有很多种,不同的人对不同的文字会过敏。我只有不断的练习、操作、锻炼,才会有提高、进步。其中出错是难免的,但是只有错误才会发现自己的不足与欠缺,才可以有所针对的去弥补、改进。
3. 庭审技巧。
在庭审中要注意法庭的各方情况,利用语速的快慢、音量的高低变化来突出己方的主要观点,提请各方的注意。印象最深的是李宏飞老师的庭审准备工作,开庭时他的桌子上总是整整齐齐地摆放着各类文件。他曾告诉我,要做到每个案件在写起诉状时先搞清楚会涉及到的法律或司法解释规定,在出庭前的准备工作中一定要把证据材料理一下,还有本案可能要用到的法律法规,包括司法解释准备好备用,这样开庭才会更有底气。庭审过程虽然只有短短的几个小时,可是其中却凝聚了律师在庭下所有的思考、智慧、知识、准备。
4. 整理案卷。
整理案卷是每个实习律师的基本工作之一,虽然内容很枯燥无味、千篇一律,但是整理的过程中其实能学到很多知识。周海龙老师的案子中涉及银行催讨欠款的特别多,因此他的起诉状也非常的完善。通过整理和翻阅,我可以学到老师多年经验积累的文书精华。蔡律师保险合同的案子特别多,已经形成一整套的办案流程,通过对案卷的学习借鉴,让我从最初对保险的一窍不通,渐渐也学会区分交强险、车损险、第三者责任险。这些看似不起眼的小事,其实在点滴中丰富我的知识,完善我的思维。
5. 开拓案源。
律师的生命关键在于案源,幸运的是,经同学介绍,我接到了律师生涯里的第一个案子,刑事案件涉及开设赌场罪。由于我现在还是实习律师,不能单独接案子,于是我请蔡律师帮忙。真的很感谢他,他不仅教会我开设赌场罪里涉及到的其它细节理论知识,还指导我如何与当事人、当事人家属沟通交流,如何让他们信任你,以及在侦查阶段会见当事人需要注意的问题……在此之间,我还大量查找、翻阅了以往的案卷材料,相关的法律法规、司法解释,通过整理分析,总结出定罪量刑的关键和依据以及量刑的大致范围。这些点滴工作,使我对开设赌场罪有了更加系统的理解,为以后的工作积累了非常重要的经验。
三、不足之处
实习工作中,虽然有表扬、进步与收获,但也有很多缺陷、不足以及批评。
1. 实习律师之间缺少沟通交流。
由于我们实习律师都分布在不同的办公室,再加上平时也不大走动,所以缺少沟通交流,导致信息无法共享,甚至面对同一个问题还会犯相同的错误。蔡律师曾对我说,以前他们几个实习律师都在一个大的办公室,有什么有趣、新奇的案子都会一起沟通、交流、讨论,互相学习、取长补短。犯错误后也可以互相警示,吸取教训,下次规避。而我们几个却很少沟通,有意思的案子不能一起分享,犯的错误也不能互相警示改正。这点是我们以后急需改正的地方,只有共同学习、交流、分享,才可以进步的更快,学的更多。
2.信息反馈不及时。
有一次,由于我信息反馈不及时,耽误了老师的案件进程,犯下了一个极大的错误。这次错误让我吸取了教训,老师们工作本身就很忙,很多事情很难顾及到,而身为徒弟的我们,最主要最基本的起码要把老师们交代的事情,处理后的情况,及时无误的告知他们,反馈信息一定要及时。
3. 害怕犯错误。
每个人都想把自己最好最优秀的一面展示给别人看,都想尽力掩饰自己的缺点和不足。可人无完人,在学习、工作和生活中,我们总会遇到自己处理不了、解决不了,甚至一窍不通的事情。这时我们要做的是去面对、解决,即使做错了,至少下次能够纠正、进步。如果一味的逃避,只会永远的错下去。
记得有一次,蔡律师发给我们几个实习律师一份《台州日报社涂料施工合同》,让我们寻找漏洞,修改一下。可我第一次接触合同修改,实在不知如何下手,看了半天除了几个错别字,标点符号错误,实在看不出其他法理、逻辑错误。因为觉得自己的成果实在交不出手,所以一直迟迟未敢给蔡律师看,其他几个人也是相同的情况。直到蔡律师问我们,我才难为情的告诉他,改是有改,但是修改的内容很少,所以一直未敢上交。他告诉我,不会没关系,可一直藏着掖着只会永远都不会。即使改的不好,发给他再对照他修改的合同,才可以发现自己的漏洞,这样下次才会有进步。如果害怕犯错误,害怕展示自己的缺点,永远都只会滞留不前。错误、批评、教训,才是进步的最好途径。
最后,我要感谢我的两位恩师,何美玲老师和李宏飞老师,感谢你们对我的教育和指导,还有给予我很多帮助的蔡律师,以及每一位给我提供学习和锻炼机会的前辈们。有你们的帮助,才有不断进步的我。
我的律师生涯才刚开始,未来的执业道路并不平坦,但我会坚定地走下去,我相信柳暗花明的那天终归会到来。
金青霞
二0一四年六月二十五日
I have been fond of watching TVB legal dramas since I was young. Watching the big characters in them speak fiercely and eloquently in court, I feel so powerful and impressive. Although the main major of the university is not law, I used my spare time to minor in a second major in law, and completed all courses to obtain a Bachelor of Laws degree. Fortunately, I also passed the National Judicial Examination. I am really happy to be able to come to Liqun Institute because it means I have taken an important step on the path of becoming a professional lawyer.
Although the one-year internship is not long, I have really learned a lot from my predecessors and teachers, which are knowledge that I have never covered in books. Below are some insights I have gained during my internship:
I remember when I graduated, everyone told me that being a lawyer was very difficult, especially for girls. I should take the civil service exam or a public institution, and my job would be easy, comfortable, and stable. But I don't think so. Perhaps it's because I watched too many TVB legal dramas when I was a child. I really longed for the profession of a lawyer from the bottom of my heart.
After arriving at Liqun, it further confirmed that my previous choice was not wrong. There used to be a lot of confusion and uncertainty about career choices, but now there is a feeling of sudden clarity that has never been experienced before. I am increasingly discovering that I have a deeper interest and confidence in law. From the teachers and predecessors, I feel their love for legal work, and their actions also prove this: combining the pursuit of justice with the realization of self-worth. This itself is an extremely glorious thing. I am fortunate to be able to become a lawyer, and I am even more fortunate to be able to connect my interests with my profession, rather than just using it as a means of making a living. The career path in the future is still long, and what we can do now is to arm ourselves with a large amount of theory and practice, cultivate legal thinking and other basic social and humanistic qualities, and better integrate into this job.
Although most of my job responsibilities do not have much technical content, as my experience and knowledge are still limited, even trivial tasks have taught me a lot. Patience and meticulousness in work have all been cultivated by me through my efforts, and I believe they will be of great help to my future studies and work. In addition to these, it also involves some professional work. Although at the superficial level, it has given me a deeper understanding of legal work and played a certain role in my future career planning.
1. Interpersonal communication.
Entering society, we need to interact and communicate with different people, especially in the profession of lawyers, where communication occupies an important position in our work. Not only should we communicate with the parties involved, but also with their families, judges, prosecutors, public security, and other departments. The attitude and skills of communication are very important.
I remember once, Mr. Li Zhongnian took me to Linhai Detention center for a meeting. Before the meeting, I had to give the official letter to the police officer in charge. Teacher Li said that in criminal cases, when facing public security, our attitude should be neither arrogant nor inferiority. We have an equal relationship with the public security, and meeting is our job and our right. We must strive to fulfill our duties as lawyers and also coordinate our relationship with the public security in order to safeguard the interests of the parties involved. In addition, in the process of investigation and evidence collection, as well as communication with other departments, it is necessary to pay attention to and strengthen the details of being polite and grasping the appropriate measures.
2. Legal documents.
Although universities have conducted systematic learning of legal knowledge, most of it is theoretical knowledge and rarely involves practical operations. Even though I passed the judicial exam, when I first joined the law firm, I didn't even know how to write a lawsuit. By flipping through the files of teachers and seniors, as well as reviewing demonstration templates online, I gradually became familiar with them. I am truly grateful to my teachers and seniors for their help and training in writing various documents, such as pleadings, defenses, cross-examination opinions, agency words, property preservation applications, termination applications, extension of proof applications, administrative reconsideration applications, bail pending applications, execution applications, and withdrawal of arbitration applications. From the initial loopholes to the gradual improvement, I really learned a lot from it.
During the one-year internship, document writing accounted for the majority of the content. In fact, it is easy to write a basically qualified document because all you need to express is to write it out, but it is difficult to write an excellent document because there are many ways of expression, and different people may be allergic to different words. Only through continuous practice, operation, and exercise can I improve and make progress. Mistakes are inevitable, but only by making mistakes can one discover one's own shortcomings and deficiencies, and can they be addressed and improved accordingly.
3. Trial techniques.
During the trial, attention should be paid to the situation of all parties in the court, using the speed of speech and changes in volume to highlight the main points of one's own and draw the attention of all parties. What impressed me the most was Teacher Li Hongfei's preparation work for the trial, where various documents were always neatly arranged on his desk during the trial. He once told me that in every case, when writing a complaint, it is necessary to first clarify the laws or judicial interpretation regulations that will be involved. In the preparation work before appearing in court, it is necessary to sort out the evidence materials, as well as the laws and regulations that may be used in this case, including the preparation of judicial interpretations, in order to have more confidence in the trial. Although the trial process was only a few short hours, it condensed all the lawyer's thinking, wisdom, knowledge, and preparation in court.
4. Organize the case files.
Organizing case files is one of the basic tasks of every intern lawyer. Although the content is dull and monotonous, a lot of knowledge can be learned during the process of organizing. Teacher Zhou Hailong's case involves a lot of bank debt collection, so his lawsuit is also very complete. Through sorting and reading, I can learn the essence of the documents accumulated by teachers' years of experience. Lawyer Cai has a wide range of insurance contract cases and has formed a complete case handling process. Through learning and referencing the case files, I have gradually learned to distinguish between compulsory traffic insurance, car damage insurance, and third-party liability insurance, starting from my initial ignorance of insurance. These seemingly insignificant little things actually enrich my knowledge and improve my thinking in small drops.
5. Explore the source of the case.
The key to a lawyer's life lies in the source of the case. Fortunately, after being introduced by a classmate, I received my first case in my legal career, which involved the crime of opening a casino. As I am still an intern lawyer and cannot handle cases alone, I asked Lawyer Cai for help. I am truly grateful to him. He not only taught me the other details and theoretical knowledge involved in the crime of opening a casino, but also guided me on how to communicate and communicate with the parties and their families, how to make them trust you, and the issues that need to be paid attention to when meeting the parties during the investigation stage... During this time, I also extensively searched and reviewed past case materials, relevant laws and regulations, judicial interpretations, and through sorting and analysis, Summarize the key and basis for conviction and sentencing, as well as the approximate scope of sentencing. These bits and pieces of work have given me a more systematic understanding of the crime of opening a casino, and have accumulated very important experience for my future work.
In internship work, although there are praises, progress, and gains, there are also many flaws, shortcomings, and criticisms.
1. There is a lack of communication between intern lawyers.
Due to the fact that our intern lawyers are all distributed in different offices and we don't usually move around, there is a lack of communication and exchange, which leads to information being unable to be shared and even making the same mistakes when facing the same problem. Lawyer Cai once told me that in the past, several of their intern lawyers were in a large office, and they would communicate, exchange, discuss, learn from each other, and complement each other's strengths when there were any interesting or novel cases. After making mistakes, you can also warn each other, learn from them, and avoid them next time. However, we rarely communicate, and interesting cases cannot be shared together, and mistakes cannot be warned and corrected by each other. This is something we urgently need to correct in the future. Only by learning, communicating, and sharing together can we progress faster and learn more.
2. Delayed information feedback.
Once, due to my lack of timely feedback, I delayed the teacher's case progress and made a huge mistake. This mistake taught me a lesson. The teachers themselves are very busy with their work, and many things are difficult to take into account. As apprentices, the most important and basic thing is to inform them of the things assigned by the teachers and the situation after handling them in a timely and accurate manner, and feedback information must be timely.
3. Fear of making mistakes.
Everyone wants to showcase their best and best selves to others, and tries their best to conceal their shortcomings and shortcomings. No one is perfect, and in learning, work, and life, we always encounter things that we cannot handle, solve, or even know nothing about. At this point, what we need to do is to face and solve, even if we make mistakes, at least we can correct and make progress next time. If you blindly evade, you will only go wrong forever.
I remember one time, Lawyer Cai sent us several intern lawyers a copy of the "Taizhou Daily Paint Construction Contract", asking us to identify loopholes and make modifications. But when I first contacted the contract modification, I really didn't know how to start. After reading for a long time, except for a few typos and Punctuation errors, I couldn't see any other legal and logical errors. Because I felt that I couldn't deliver my achievements, I had been hesitant to show it to Lawyer Cai, and the same was true for several others. It wasn't until Lawyer Cai asked us that I was embarrassed to tell him that there were changes, but there were very few modifications, so I never dared to submit them. He told me that it's okay, but keeping it hidden will never happen. Even if the modification is not good, send it to him and compare it with the contract he has modified, so that we can discover our own loopholes and make progress next time. If you are afraid of making mistakes and showing your shortcomings, you will always be stuck. Mistakes, criticism, and lessons are the best ways to progress.
Finally, I would like to thank my two mentors, Teacher He Meiling and Teacher Li Hongfei, for their education and guidance, as well as Lawyer Cai who has provided me with a lot of help, as well as every senior who has provided me with learning and exercise opportunities. With your help, there is a continuous improvement in me.
My legal career has only just begun, and the future path of practice will not be smooth, but I will continue to walk steadfastly. I believe that the day will come when the willows are hidden and the flowers are shining.
Jin Qingxia
June 25th, 2014
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