Grassroots lawyers also have spring

Chapter 23 Concealing the sky and crossing the sea!

"Do it alone? But...the Lawyers Association won't let us handle the case alone! We need to appear in court with the lawyer!..." Wang Chuan understood immediately after speaking: "You mean...I will handle the case, and then we will be involved in the case." You go to court together and put your name on it?"

The method Wang Chuan mentioned is very common among trainee lawyers, especially among freelance trainee lawyers.Specifically, trainee lawyers are responsible for their own profits and losses, the law firm does not pay salaries, and does not actually manage trainee lawyers. Trainee lawyers find cases by themselves, and then negotiate and sign contracts.

However, because trainee lawyers cannot practice independently and need to appear in court together with lawyers, there is a workaround, that is, after the trainee lawyer finds the case, he will discuss with the lawyer or the named master a share ratio, and then write the lawyer on the power of attorney name and my own name to appear in court.

When the court is in session, most lawyers don't go there, they just put their name on it, and when the judge asks, he finds a reason to avoid it, and generally no one cares about it.A lawyer can get a lot of benefits by using his name, and a trainee lawyer can earn money from doing cases so that he won't starve to death.The best of both worlds are happy for both parties.

Such operations are limited to civil and commercial cases, and are absolutely not allowed in criminal cases.

In the trial of criminal cases, strictly speaking, judges do not allow trainee lawyers to speak, because trainee lawyers are not lawyers in terms of status.Prospective lawyers with trainee lawyer certificates cannot meet with criminal suspects alone, because the public security organs do not recognize them.

In fact, even if it is a civil case, the judge believes that the trainee lawyer is participating in the trial as a natural person. This can be seen from the judge's request for the trainee lawyer to provide information related to his ID card.

This is like the word "oil" in soy sauce, but no one will really use it as cooking oil when cooking!

But after judicial reform a few years later, this kind of deceitful operation by trainee lawyers was banned.It is very simple to say that the court does not allow trainee lawyers to speak independently in court, and even trainee lawyers are not allowed to go to court to file a case.Trainee lawyers are back to true apprenticeships. (Regulations vary across the country. Court trainee lawyers in some places can still speak in court or stand alone.)

This practice of the judiciary has further squeezed the space for trainee lawyers to practice alone, but things are always changing. The regulations of the judiciary have changed, and the way that freelance trainee lawyers handle cases has also changed in line with the situation.

For example, when appearing in court, the master or other lawyers will appear in court in person, and they will follow, but this kind of operation directly leads to a sharp drop in the income of the trainee lawyers, and the so-called "control" of the case will be carried out by the named lawyer, and the lawyer's fee will be divided the most part of.Poor trainee solicitor has been busy for a long time, and the money in his hand may only be enough to eat three meals.

Seeing Zheng Yi nodding, Wang Chuan was excited for a while, and then became worried again.

The reason why I am excited is that I can finally handle the case by myself, instead of following the master, but handle the case myself, and really fight with the opponent in court, fighting wits and courage.

But he was also worried that his abilities were limited. Although he had participated in several cases, they were all hands-on after all. The indictment, statement of defense, list of evidentiary materials and other documents were all reviewed and revised by Director Niu or Mu Huaijin.Can you take the lead by yourself?This is what worries him.

Zheng Yi could see Wang Chuan's worry: "Don't be afraid, you will have to take this step sooner or later. I won't give you complicated cases. I will give you some labor dispute cases first. You should do it first. I will be the last checker, but before You need to do all the work yourself.”

"Will Director Niu and Lawyer Mu..." Wang Chuan asked another question.

After all, the case was assigned to Zheng Yi. If trainee lawyer Wang Chuan were to handle the case, God only knows if there will be any problems if he is discovered!Wang Chuan is timid and doesn't want to offend his boss because of this matter. If he is kicked out of the law firm, his trainee lawyer certificate will also be cancelled.
"Don't worry about this, I will tell them that I want you to assist me in handling the case. The firm doesn't care who made the specific case ideas and legal documents. They only want the result, not the process.

Then again, they are also happy for you to be independent as soon as possible, so that you can make money for the firm as soon as you get a lawyer's certificate, and they will definitely not have any objections.

Besides, there's me, and I'm not completely messing around, regardless of you, what are you afraid of if I have the responsibility? " Zheng Yi advised.

Wang Chuan thought for a while, and what Zheng Yi said was right. Even if they were dealing with Director Niu or Lawyer Mu, occasionally they would let themselves do simple things independently. If they could handle the case independently, it would only benefit the law firm. no harm.

"Okay, I'll do it." After Wang Chuan finished speaking, he felt a sense of uncontrollable excitement in his heart.

"The case of the client who will come in the afternoon later, if you can sign a contract, you will undertake it. Don't be afraid, just do more." Zheng Yi encouraged with a smile.

At this moment, there was a knock on the door, and Wei Ping walked in.

"Lawyer Zheng, the client has arrived," Wei Ping said.

Walking into the conference room was a man in his 40s, with big eyes, a square face, a high nose bridge, big ears with thick earlobes, a look of happiness, and a three to seven point hairstyle.

"Hello Mr. Liu, I'm lawyer Zheng, and this is my assistant Wang Chuan." After the two parties sat down, Zheng Yi said: "Please introduce the case first, and we will analyze it."

"Okay. In fact, our company's case is not complicated.

Our company is a small company engaged in landscaping. At the beginning of the year, our company contracted a greening project in Shishi. An employee smashed his foot during the construction, and then the company applied for a work-related injury for him.In the end, it was determined as a tenth-grade industrial injury, and we paid all the money that should be paid.

The employee injured his foot and couldn't work, so we let him rest in the dormitory, but last month he fainted suddenly in the dormitory, and was sent to the hospital for emergency treatment, saying it was a cerebral hemorrhage, but fortunately, the emergency rescued him in time.

The man has been discharged from the hospital now, and his family members quit, making the company lose money.He said it was a work-related injury, but the two parties failed to negotiate. The employee went to the Labor Bureau to apply for a work-related injury, but the labor department rejected it, and the labor department decided that it was not a work-related injury.

Later, the employees refused to accept the company's labor arbitration.That's the way it is. "Mr. Liu roughly talked about the situation of the case.

Zheng Yi thought for a while and said: "If the labor department decides that it is not a work-related injury, it should not be a big problem for them to sue the labor arbitration.

Moreover, the employee did not fall ill at work, and if he did not die within 48 hours, it should not be regarded as a work-related injury, and the company should not compensate him. "

"Yes, that's what I said, but the other party has arbitrated our company's labor, and we are thinking about asking a lawyer to deal with it. Look..." Mr. Liu looked at Zheng Yi.

(End of this chapter)