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Different areas of expertise.
As far as the attributes of a "lawyer" are concerned, they include: (1) having certain legal knowledge, according to the provisions of the current Lawyers Law, having "a bachelor's degree or above in law from a college or university" or "a bachelor's degree or above in other majors in a college or university with legal knowledge"; second, pass the national "judicial examination" and obtain qualifications; Third, with the approval of the national judicial administrative department, obtain a practice certificate; Fourth, to provide legal services to the society and make it a profession.
Therefore, a lawyer refers to a practitioner who has obtained a lawyer's practice certificate in accordance with the law, accepts the entrustment or designation, and provides legal services to the parties. The nature of a lawyer is to provide legal services to the society as a legal service worker for the profession.
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In our country, as long as he is a practicing lawyer, he can accept any entrustment of all types of cases, such as civil execution.
Can economic lawyers only play economic cases, and can't they do anything else?
OK. So which kind of lawyer can fight all the cases.
All practicing lawyers can handle all cases.
This one is what they are good at.
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An economic lawyer is a lawyer who prefers to fight lawsuits in economic cases.
A litigation lawyer is a lawyer who is responsible for litigation in specific litigation activities.
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The difference between an advocate and a lawyer is:
First, there are different cultural backgrounds and very different values. Lawyers and lawyers, although they are only one word apart, look like they are inseparable, and the values on which they are based are also very different. Among them, how people view order, how they evaluate the law, and how they view their role in litigation activities will directly affect their value and status in their respective judicial traditions, and it is an issue that needs to be identified by the first reform.
Second, the structure of litigation power is different. The so-called power structure refers to which persons enjoy the status of subject rights in the litigation activities of a country. In terms of the history of China and the UK, although advocates and lawyers have been involved in litigation activities at the same time, their status in their respective judicial traditions is not the same.
Lawyers have always lived on the dark side of society, and cannot become the reserve force of the scholars who are the main body of judicial activities. The lawyer's assistance to the parties is only a kind of litigation assistance activity in the classical Chinese judicial tradition, and is not an indispensable element in the judicial process.
Third, the litigation mechanism is different. In China's Song Dynasty, although the judicial model under the impact of the commodity economy is quietly changing, but the scholar as the first to judge the case, its central position in the litigation is still unshakable, criminal trial, the operation mechanism of the litigation is centered on punishing crime and controlling the society, so it goes without saying that defense can not become a link in the criminal case.
Since the service provided by a litigator to a client is only a kind of litigation assistance activity and has no legitimate legal status, his litigation assistance will inevitably not change the tradition of the judge's authority under the "inquiry" trial, and the litigation activities under this mechanism will naturally not provide much space for the growth and development of the lawyer and the development of his talents.
Fourth, the fate of history is different. Of course, the litigation model adopted by a country's judicial system is closely related to its cultural tradition, political system, geographical environment, and social structure.
At the same time, however, it cannot be ignored that whether the legal profession can occupy a place in the power structure of litigation, especially whether the legal status of those who have certain legal knowledge and familiar litigation skills is recognized in the operational mechanism of litigation will also play a decisive role in the judicial tradition of a nation.
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The difference between non-litigation lawyers and litigation lawyers is different in their business directions, as well as their outstanding advantages in business ability.
Lawyers are divided into litigation lawyers and non-litigation lawyers, and can also be divided into lawyers working in domestic law firms and lawyers working in foreign law firms. For me, the doubt lies in whether to develop in the direction of litigation or non-litigation in the future, whether to develop in a domestic law firm or to strive to enter a foreign law firm. Of course, in fact, the second doubt is attached to the first doubt, as long as the question of litigation or non-litigation is resolved.
Definition of litigator and non-litigator:
A litigator generally refers to a barrister, and a barrister is one of two types of solicitors (the other is a solicitor) in countries or regions (including Australia, Hong Kong, etc.) that use the common law system originating in the United Kingdom. Under the laws of the United Kingdom and some of the British colonies, only solicitors can defend or litigate in the Court of Appeal.
Non-litigation legal affairs refer to lawyers who are entrusted by citizens, legal persons, or other organizations to handle lawyer affairs that are not related to courts or arbitration commissions for parties within the scope of their authority.
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1. The so-called litigation lawyer refers to the lawyer who is engaged in legal proceedings and submits claims or responds to the court. Litigation lawyers are required to attend court hearings to help clients resolve disputes and corresponding claims.
2. The so-called non-litigation lawyer refers to a series of non-litigation legal affairs such as engaging in legal consultation, helping to review contracts, various social activities, company start-up and other matters of legality review and a series of non-litigation legal affairs.
3. In some countries, there is a strict division between these two types of lawyers, but there are no special provisions for this in the law in China so far. Whether it is litigation affairs, non-litigation affairs, or both, all depend on its own preference. In terms of its salary, there is not much difference, and the income is generally reflected in its influence in the industry and the ability to do business, each with its own strengths.
But in general, litigators are relatively difficult, and as a result, the income is certainly relatively high.
4. If you want to become a lawyer, you must pass the national judicial examination and obtain a lawyer's qualification certificate. Then, after one year of internship in the law firm, the lawyer's qualification certificate can be issued only after passing the review. Therefore, obtaining a lawyer's qualification certificate is the most important, that is, you must pass the national judicial examination, which is known as the "first examination in the world", the difficulty can be imagined, the key is that it involves a wide range of laws and a variety of laws.
If it is relatively easy for people who have gone through systematic legal study, it is relatively difficult for people who are not majoring in law, and no matter how hard they work, it will take at least one or two years of systematic study to have a chance. I graduated with a bachelor's degree in law with mediocre qualifications, and I was fortunate to pass it after three times.
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Litigation procedures are the legal sequences, methods, and steps that must be followed in the litigation and judicial process.
The function of litigation is not only to discover historical facts that have occurred in the past, but also to establish the connection between fault and responsibility, crime and punishment through the process of litigation, so as to convey a message to citizens about how to behave.
Non-litigation business corresponds to litigation business, and refers to lawyers accepting the entrustment of citizens, legal persons, or other organizations to handle legal affairs that are not related to courts or arbitration commissions for parties within the scope of their authority.
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In short, things.
The difference between a reinstatement lawyer and a litigation lawyer lies in whether or not they are qualified to represent the parties in court to express their defense opinions. In countries where this division of counsel is practiced, it is common for the parties to approach the solicitor directly, who then engages the solicitor to represent the client in court.
A solicitor is a common law traditional term for a solicitor who does not appear in court and is primarily engaged in non-contentious practice, also known as a solicitor, to distinguish him from a barrister.
A solicitor, in the Anglo-American lawyer system, is a lawyer who specializes in non-litigation or partial litigation practice, but in litigation, his right to speak in court is restricted. Solicitors are mainly engaged in non-litigation legal services such as civil and commercial matters, as well as defending in lower courts such as district courts and magistrates' courts, negotiating with parties, receiving cases, meeting witnesses, investigating and collecting evidence, etc.
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To put it simply, a litigator is to go to court to fight a lawsuit, while a solicitor is mainly responsible for non-litigation business, dealing with various legal documents all day long.
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The firm's attorneys are all litigators.
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