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Five disciplines for Chinese lawyers

admin2024-03-12 15:54:2972

A friendly reminder: Some young lawyers complained that they could not understand my recent articles, and asked why I did not know what I did? Sorry, my recent article is for people who have been practicing for 5 to 10 years or more, are in their 40s, and still have dreams. If you want to know where I've been, check out my book "Poor Lawyers, Rich Lawyers (1, 2)" and the articles I wrote ten years ago.




For many years, I have not conducted research on the lawyer industry, and the survival and development status of the bottom layer of lawyers is still at the original cognitive level. Even if I have seen and heard something, it is fragmentary hearsay, which is not enough to form an overall judgment on the entire industry. This article combines my own experience in the legal profession and professional and teamwork since the practice of lawyers, and puts forward my own experience and experience on the growth and development of Chinese lawyers.


The reason why the special emphasis is placed on chinese lawyers is that foreign lawyers are not so entangled as chinese lawyers, officials are not officials, people are not people, businessmen are not businessmen, teachers are not teachers, and scholars are nothing in practice. Lawyers, non-lawyers, non-non-lawyers, or lawyers, can be summed up in the four verses of the Diamond Gold. Therefore, the skills that Chinese lawyers need to cultivate are not comparable to foreign lawyers, especially European and American lawyers.


1. Reconstructing the knowledge system -- making up for traditional culture and fully understanding the underlying logic of Chinese characteristics


Many lawyers naively think that after ten years of hard to complete the university stage of study, and even get a master's degree, doctor's degree, plus pass the judicial examination, the task of learning is completed, and then it is through practicing to realize their dreams.


In fact, this is called the dream did not wake up, the common characteristic of China's legal profession is that everything starts from practice, everything before is just an admission roll or ticket, and it is invalid after entering the door. Therefore, the first thing for lawyers is to reconstruct their own knowledge system and re-formulate long-term learning plans, including rebuilding the knowledge system, skill system, thinking system, value system and goal system including but not limited to law.


In China, it is not only the lawyer industry, but also the whole legal profession. We must make up for traditional culture and fully understand the underlying logic and profound connotation of Chinese characteristics, otherwise we will hit a wall everywhere after work.


The basic knowledge structure is: with traditional culture as the base, other foreign culture and knowledge are flower arrangements, including all the theories and knowledge systems from the West in the university, the symbol is to activate their own internal Chinese cultural soil. Can proficiently understand the existing politics, economic culture, judicial and daily life of various "strange phenomena", the bottom logic of traditional culture is the most concentrated place, one is the national political life, the second is the marriage and family life, the third is the business management.


The core of Chinese traditional culture is the unity of heaven and man, yin-yang and five elements, yin-yang as the foundation, five behavior tables, one Yin and one Yang is called Tao, everything has yin-yang, saying and doing, theory and practice, law and power, virtue and punishment, bright and dark, vacuity and reality, and so on. In the same system, everything has two sets of expression systems, virtual and real, some only talk, or do more and do less, some only do not say, or do more and say less.


Don't understand Yin and Yang, can't understand anything in China; Do not understand the five elements, do not know that will do so, even do not understand the four great novels. But this is a very big challenge for people who study law, not just purgatory or even life and death. However, if you want to be a good lawyer in china, you must first be a qualified Chinese. Five thousand years of culture knows nothing, on what basis is a qualified Chinese.


Important words to say three times: we must activate the Chinese soil genes in our hearts, we must activate the Chinese soil and genes in our hearts, we must activate the Chinese soil and genes in our hearts, otherwise we will live a very hard life. In life, we often see those who take formula culture as a mantle, their faces are blue, their hair is easy to white, and they are prone to disease after middle age.


Of course, the system level of the knowledge system, such as the computer to activate its own system software, and then install and use software, including philosophy, economics, psychology, sociology, marketing, management, business, etc., these knowledge need to be compensated by learning. No one can help you with this, only in daily life and it must be done through spare time outside of eight hours.


As far as I am concerned, Tianzhi is not intelligent, since the work has not left a day to study, the home, the office is still full of books, the first thing after the Internet is to learn, including the current Tiktok is the best learning platform. Lifelong learning is determined by the professional attributes of lawyers. In my life, I have seen many young lawyers who have not read a new book for three or five years, and they are all ignorant hearsay between conversations, which shocked my teeth.


Many young lawyers who have just learned for three years and are invincible in the world do not know that they do not know; Another three years of learning, a single step to know that they do not know, through learning to begin to know that they know, long-term accumulation may reach the highest state of not knowing that they know.


A lawyer's knowledge structure, less than 15% belongs to professional, 85% belongs to non-professional accumulation, and must ensure the excellence of the following 15%, that more than 85% of the part can really play value, and eventually reach the realm of not knowing what they know.


In any case, because lawyers are at the forefront of social conflicts, they do not understand the traditional Chinese culture, and do not know the thinking mode and behavior mode of the Chinese people at the bottom, they simply cannot carry out their work or achieve the desired work effect.


Second, the cultivation of skills - to find the Master, by learning from the master to surpass the master


China is not a country of case law, and the written law is copied, and there is no basis for real China, so it is full of uncertainty in practice. China's university education is largely a moralistic one, with a serious lack of basic skills training, and there is not even a decent law school.


After becoming a lawyer, the first thing is to seriously learn skills and skills, the best way is only to learn from old lawyers and worship old lawyers as a teacher. Skills and techniques are no more useful than tests, with some hard work, no one to teach not only take many detours, and even some will never learn. Relying on self-study can never become a first-class lawyer, excellent lawyers, at best can only make a living. You should know that when our generation participates in work, learning begins with fetching water, sweeping the floor, and mopping the floor, otherwise who is willing to teach you with a prince or princess's shelf?


Now the post-90s and post-00s do little from childhood, the hands-on ability is very poor, it is easy to say, but it is also topsy Tursy. As soon as you hit it, you know if it has been trained and taught by a famous teacher. There's only one way to make up for it -- practice.


Of course, any line is introduced to the door by Master, practice depends on their own, more is to rely on hard thinking and hard practice to improve the understanding. When I was in the court, I asked my assistant to make a good record of the trial before the trial, which was based on a comprehensive understanding and understanding of the case and trial ideas, and solidified through the trial process. After such training, the young assistant will soon grow into an excellent judge. After coming to Shenzhen, I have taken a total of no less than 40 assistants, who can honestly keep up with three or five years, the foundation is very solid, those who have given up halfway so far are a two-legged cat.


Now I am faced with a team composed entirely of the post-90s. No matter how pretentious the post-90s or the future post-00s are, there is no way to copy the growth of lawyers, and we must honestly learn from the basic skills.


At present, the biggest confusion is that lawyers who practice independently from the beginning, the litigation field can also learn the skills of handling cases through cooperation with old lawyers, and the non-litigation field is more challenging, because it needs to be based on long-term accumulation.


In short, if you want to become an excellent lawyer, just by reading a few legal textbooks, it is impossible, so the first step is to find a master or teacher, have a master to learn from the master, do not have a master to create a master to study seriously, do not practice at the beginning of the blind riding a blind horse to rush forward, harm and harm yourself.


However, in any case it is Master who is used to transcend, and transcendence is the goal.


Third, professional cultivation - targeted, guided by the ultimate needs of the ultimate target customer base


The professionalization of lawyers has always been a topic of general concern. In recent years, the achievements on the professionalization of lawyers have been more clear, such as marriage and family, traffic accidents, intellectual property rights, drug crimes, commercial crimes, etc. These businesses seem to be low-end, but because of the basis of quantity, they have become a very high-quality professional carrier. As for the traditional sense of financial securities, listed mergers and acquisitions, there are only four or five thousand listed companies in China, the number is small, the competition is fierce, and no law firm says that this is my business.


Because this topic has been discussed a lot, here are only lessons learned from the process of building your own professional experience to share with you:


1. Judging from the successful cases mentioned above, specialization across the country has been subdivided into specific businesses rather than categories, such as marriage and family matters rather than civil disputes, and drug crimes rather than criminal defense. This type of professional target customer base is for the whole country, no longer subject to the regional restrictions of traditional business, such as lawyers engaged in drug crimes in Kunming, but also lawyers in Inner Mongolia.


2, professional services have jumped out of the law itself, but to the needs of the target customer group oriented, such as marriage and family lawyers must understand the law, but also understand psychology, corporate equity, trust and insurance.


3, the value of the profession lies in solving problems, all problem-solving oriented, whether it is litigation or non-litigation business, must be the goal of providing solutions, as for academic and research is incidental.


4, professional creation must let oneself become an expert first, and then become a professional lawyer, there is no professional lawyer in the world.


Professional road is ten years of grinding a sword process, generally have five years of basic knowledge and information accumulation, five years of productization and market running-in, if there is no such patience and persistence, professional is just a label.


In addition, in the third - and fourth-tier cities, the road to specialization is more difficult, because the capacity of the regional market is limited, specialization must break the regional restrictions to have value and vitality, so the smaller the better, the more specialized the better, must be competitive in the national market, that is to say, the attrition in this field must reach or exceed the level of lawyers in Beijing, Shanghai, Guangzhou and Shenzhen. Even more explosive than them, that is to say to become the hidden champion of the industry. This is what I often say to Guangdong lawyers, the specialization of lawyers is only the first in China, there is no Shenzhen first, Dongguan first, Guangdong first.


The professional path of lawyers can only go this way, as for other models and success of the road, so far not found.


Fourth, the cultivation of interpersonal relationships - constantly improve the quality of relationships


The other day I wrote that lawyers are a Profession that Must Blossom in the Winter, and that traditional marketing theory is broken in the legal profession. The so-called flowering in the winter, that is, flowering at the water level, is embodied in some must bloom in interpersonal relationships, that is to say, lawyers are a profession that relies on acquaintances and friends to support, which is the basic attribute of lawyers.


The cultivation of the relationship lies in the accumulation of the sand tower, always treat the social interaction as the top priority, and their clients and parties are the best communicators, if their clients can not become effective communicators of the lawyer's reputation, then no amount of communication and publicity are of no practical significance.


The court is only a small theater, the society is the big stage of life. The cultivation of interpersonal relationship is also an unavoidable topic in the marketing of lawyers, and I have discussed it deeply in the book "Poor lawyers, rich lawyers (one, two)" and many articles, and now only introduce one of the most effective ways to cultivate interpersonal relationships.


After I came to Shenzhen, like most people who come to Shenzhen, interpersonal relationships are from scratch. After I first came to Shenzhen, I also looked for friends, classmates, fellow townspeople, chambers of commerce and other relationships that can expand interpersonal relationships, but the effect was very disappointing. Later, with the help of friends, I understood a course, met a group of students, and conducted in-depth exchanges and mining based on the students. Finally, I formed a basic network after coming to Shenzhen, and then cultivated a new network through the new learning platform. In the past 20 years, I do not know how many parties, how many salons and forums, how many lectures, where there is a possibility to accumulate influence and reputation of the place, the platform did not give up, and later fixed several platforms for cooperation. So far, I don't know where my friends come from, where the relationship comes from, where the network comes from, anyway, I have friends all over the country and even the world. With such a wide range of interpersonal relationships and networking circles, coupled with their own professional support, everything is just the process of realization, naturally no longer worry about where the business comes from.


In short, interpersonal relationships are also a process from face to point, the core point is to quickly find a group of people who grow up with themselves, this group of people who grow up together in the whole interpersonal relationship of the basis point, and then with their own growth and continue to improve the quality of interpersonal relationships, and even a few hardcore friends and life brothers, you are no longer afraid of rivers and lakes and the impermanent.


Fifth, the improvement of the state and dimension of thinking - the final cultivation of life


Since this field is about doing rather than knowing, here are a few basic questions.


1. Break the mold of two-dimensional thinking of legal thinking and court thinking as soon as possible


Lawyer Dafan's legal thinking and court thinking are very developed, this thinking mode comes from scientific thinking, and everything can be calculated with mathematical formulas and logical models. This mode of thinking can be simply boiled down to the two dimensional mode of thinking that is either right or wrong, black or white. This mode of thinking applies except in the courtroom, the lab, the assembly line, etc. Living with this mode of thinking is not only painful for yourself, but also difficult for others to bear.


Therefore, lawyers should establish a three-dimensional thinking mode based on legal thinking and court thinking as soon as possible, one of which is the standard, the height of this standard determines the quality of thinking. For example, the standard is first-class in the country, when you appear in court, you will require yourself from the pre-court preparation, the court play, and even the appearance and wear will use first-class standards, and the first thing after appearing in court will seriously reflect and review to find out their own problems and shortcomings, waiting for improvement, there is no time to complain.


This is just to provide a model to break the two-dimensional thinking of lawyers and establish their own trilemma thinking mode as soon as possible, especially for young lawyers who have just entered the field.


2. Build your own three-dimensional world


In the cognition of ordinary people, the three-dimensional world is an objective existence and a visible and tangible reality. Cars, houses and buildings in our eyes are the existence of the three-dimensional world. On this basis, we should establish our own three-dimensional world model, define the world and subdivide all the things in the world, both spiritual and material. In addition, the structure should be based on spirit and supplemented by matter, and everything in the three-dimensional world should be gradually used as props and tools to prepare for the incubation of thinking in the four-dimensional space.


Since the three-dimensional world is a real existence, the so-called entry into the three-dimensional world is to enter the real world, everything must be excellent as the premise, to take the hand, can be a little green in the flowers, with real competitiveness.


3. Four-dimensional space crossing


The reason why I use the word crossing, because the four-dimensional space can not be entered casually, nor can it be achieved without effort, is the return of the road to WTO to the water is poor, the so-called birth is to enter the four-dimensional space, that is, the so-called enlightenment, enlightenment and consciousness.


Here we must return to the first cultivation, and seriously study traditional culture. Traditional culture is not used to show off, but to practice it. From the spirit gene of Chinese scholars and the foundation of a gentleman's standing and life, it is a path of practice.


Once people reach the space of four dimensions or above, the so-called Yin and Yang, five elements, eight diagrams, astrology, numerology, are just a book in your library, and there is no metaphysics. The so-called metaphysics is only the definition of the world that the ignorant man does not understand, just as the blind man defines the elephant.


After twenty years of continuous cultivation on the road, I can enter the four-dimensional thinking space of life the biggest lucky blessing, at present, I from "structural business" to "enterprise hospital" soul "heaven and earth, financial and commercial law, body and soul", is the core part of Huaxia Quge enterprise risk management system, there is no competition, there is no opponent, only all the way forward.

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