sincerely hopes that my colleagues who serve as deputies to the National People's Congress at all levels and members of the CPPCC will use my suggestion as a proposal and proposal, which will attract the attention of senior management and corresponding changes.
My reasons are as follows:
1. The people, especially those in need, have needs and expectations.
The author often encounters that in some cases of personal medical damage compensation, work-related injury compensation, labor remuneration, and child support, and even some small and micro private enterprises in troubled lawsuits often give up lawsuits because they cannot get their lawyer fees and instead use petitions and posts to protect their rights. This will not only not help resolve conflicts, but also not help social harmony.
Although judicial departments at all levels have legal aid agency and system, and assign lawyers to provide free aid, first, there are still a large number of people who have not applied for aid or have not been approved. Second, as far as the author knows, a legal aid case will be subsidized by lawyers of 1,000 yuan (maybe different from each place), and lawyers are not very motivated.
The existing legal aid system is far from covering the difficult groups who want to waive lawyer fees, especially small and micro enterprise bosses and contractors in trouble. They are already in debt, but the debt rights cannot be executed back, resulting in the inability to resolve the triangle debt , and the conflicts between the parties are intertwined. Due to the lack of legal knowledge, they go to the lawsuit themselves, which is obviously at a disadvantage in front of the other party’s professional lawyers.
2. The need for healthy and sustainable development of the lawyer team.
Speaking of lawyer fees, many people still have misunderstandings and even hate them online and in real life. First, we believe that lawyers are all high-income groups, who are very popular and rich; second, we believe that lawyers are unwilling and that even the parties are so pitiful, they cannot charge less or no fees; etc.
In fact, no one pays a lawyer. Agency cases are essentially a matter of making a living. Society cannot compare it with judges and prosecutors and give too high moral requirements and expectations.
only realized that it was very poor and even miserable to be a lawyer. In the early years, when I was internship, I didn’t even have a basic salary and had to pay social security by myself. Now, it’s better. Internship lawyers in Nanjing usually have a salary of about 3,000 to 5,000 yuan (renting a house and eating is not enough, and they basically rely on family subsidies). After the internship period, I got a certificate and went solo, and maybe I didn’t even have this guaranteed salary. This is also a large number of lawyers who have switched to enterprises or civil servants after less than three years of practice. In this office, there are more than 30 lawyers. Last year, four young lawyers went to the system or transferred to large enterprises.
In fact, in recent years, the new young lawyers I have come into contact with in recent years are of high quality, and most of them have graduate degrees, but unfortunately the turnover rate is too high. If some public welfare lawyer positions are set up, the public will pay their wages, and the standards of legal aid are greatly relaxed so that all the disadvantaged groups can afford to fight lawsuits, young lawyers can also have a job. After the suffering period of the first three to five years of practice, it will also help this group grow healthily.
picture source network, how to delete
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The author suggests: can give no more than 10% of the public welfare lawyer position indicators in each law firm. Generally, those who are selected from young lawyers who have practiced for no more than 5 years and become public welfare lawyers can only accept cases free of charge, and must reach a certain number of cases handled every year. At the same time, the first-level legal aid centers at each district and county level greatly reduce the standards for legal aid acceptance, and after receiving, they will directly distribute them to public welfare lawyers in each law firm. Public welfare lawyers shall not refuse. Of course, public welfare lawyers need to pay wages and survive. In a city like Nanjing, they will get at least 6,000 to 10,000 yuan. If Nanjing has 1,000 public welfare lawyers, each of which will spend an annual salary of 100,000 yuan, which will only be 100 million yuan for the whole year (just a small goal for the big guys). This money can be afforded by the finances and the social benefits are also considerable.
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