Do lawyers have to have a strong mouth?

Everyone should know that lawyers are sharp. We must make adequate preparations before we decide to start a career, and it is difficult to stick to it until the end. Let's learn about lawyers' mouths. Does a lawyer have to have a good mouth? 1

A lawyer can say that the key is clear thinking and strict logic. Lawyers don't want to take the Putonghua exam, and they are not public officials. They don't need it at all. As long as they get an undergraduate degree and pass the judicial exam, they can become lawyers. Do you have to have a good eloquence to be a lawyer?

Actually, it is not. At least in China, this is not the case. Good eloquence is only a sufficient condition for an excellent lawyer, but it is not a necessary condition. I have met many introverted lawyers and listened to their speeches, but I feel that they are not as eloquent as the parties themselves. However, in the debate on legal issues, their thinking and ideas have always been very clear, snakehead.

once, I asked a familiar judge about this phenomenon. He said that the performance of lawyers in court is not determined by your endless speeches, but by whether you can grasp the focus of the case and argue the case. Therefore, the judges of their collegiate bench often like this kind of lawyers who don't talk nonsense and only focus on lawyers, rather than giving theoretical lessons to judges in court. Later, I observed this phenomenon carefully in court with my teacher. Almost all judges are like this. < P > If a lawyer keeps repeating the facts, he should tell the story every time he quotes a law, lest everyone don't understand it, many judges will interrupt the lawyer's big talk and directly ask him to answer the controversial questions summarized by the judge. At this time, it is not your eloquence that dominates, but your understanding and legal level of the case itself.

Of course, it is not useless for lawyers to show their eloquence in court. Many lawyers will use this as a court defense skill. The direct purpose is to disturb the thinking and thinking of the other party and the judge. To put it bluntly, it means "fooling", simplifying their own complicated problems, complicating the simple problems of the other party, making the facts ambiguous and interpreting the law into N meanings, and trying to be far-fetched in their own conclusions and opinions. You can't get past an experienced judge at all.

At the beginning of my work, I attended the trial of a contract dispute case with a target of more than 6 million yuan. Two lawyers on one side were at the level of two doctor of law degrees, and one lawyer on the other side was an awesome person who changed jobs from the military to the public security and took the exam as a lawyer. The legal level of the doctors really didn't have to be said. Many concepts of legal relationship were analyzed during the trial, and I was able to keep up with them at first. Later, I became more and more confused and was completely fooled. The opposing lawyer has always been unhurriedly and directly grasping the cause of action to argue

The multiple legal relationships you have created have nothing to do with the cause of action of this case. No matter how you solicit opinions, you will be solved by this lawyer from a military background. Just like Tai Chi, the two doctoral lawyers seem to have great momentum, but they are always able to see through your purpose. Both sides are high-level. Later, when I think back on the trial, I really gained a lot, and the presiding judge is also quite level, and the control of the trial is in place, so I think it is not only important to be with a good lawyer, but also very beneficial to meet the trial of an excellent judge.

Therefore, I think that those who enter the legal profession, especially those who are new to the profession, should watch more court trials, and never imagine China's court trials as those in the West, where the words in Hong Kong films are stirring up uproar and the romance in Korean dramas are all illusions in China, at least for now.

what we mainly do is to strengthen the basic knowledge of law and the proficiency in the application of knowledge, so that we can accurately grasp the controversial focus of each case sponsored and co-sponsored, and then sort out ideas, clear evidence, and find upper, middle and lower countermeasures to deal with it. Every little makes a mickle, step by step, and persevere. One day, you will become a famous barrister as well as you are introverted.

Ten skills for lawyers to improve their eloquence

1. The first skill of eloquence is not to say that it is listening.

whether you can listen or not is also very particular. I once met a lawyer. When he received a client, he didn't look directly at the client. The client was talking. He looked at the window, which made the client have a lot of opinions. So when you listen, look at each other and let them think that you attach great importance to this matter. Learn to listen before you speak. Listen, be absorbed, in love, and in the play.

2. The second skill of eloquence is to ask.

People are chatting. For example, lawyers communicate with lawyers, parties and suspects in the case-handling unit. The way of interaction is to ask, if you don't ask, there will be no communication. On this question, I have put forward three points. The first one is to ask questions without shame. Generally, we mean to ask questions without shame. Then why do we say to ask questions without shame? This is what we young people need to consider. You should ask someone older than you, and don't feel ashamed. You should actively ask questions and think positively to make your teacher feel a sense of accomplishment.

In fact, many teachers are eager for students to ask themselves.

I once took an assistant to a court session, and I waited for him to ask me questions for more than an hour on the road. As a result, he didn't ask any questions for more than an hour! I belong to him for more than an hour, and I didn't even ask a question! When I arrived at my destination, I stopped the car and asked him this question seriously. He said, director, you are so hard, will it bother you if I ask you questions? I said, no, I like people asking me questions best.

when we are young, we will also feel this way. Teachers are usually very busy, so it is not good to ask him questions and disturb him. In fact, we experienced lawyers and teachers really want others to ask questions. Ask, indicating that you are thinking; Ask, you can make friends; Ask, and you will make progress. The second, asking questions casually, I mean that everyone is about the same level, so you can ask questions at will and exchange ideas. The last one, gentle questioning, is that school teachers and management should always ask their subordinates questions, which is a concern for him and can't be ignored.

As a criminal defense lawyer, questioning in court is a special professional skill. When a lawyer asks a question, he first asks it knowingly. Who should the lawyer ask it to? Ask it to the judge. A client is standing in court, and the lawyer wants to ask, for example, where were you at the time of the crime? Say, I'm abroad.

Does that mean you weren't there when the crime happened? Say, yes. If we say that he is an accessory, we say, who is in charge of this matter, Zhang San. Who has all the money been distributed to? Zhang San. We should get all this information out and give it to the judge. Secondly, we should ask the ambiguity. For the prosecution witness, we should get to the bottom of the matter, discard the false and keep the true until we ask the ambiguity.

3. The third skill of eloquence means.

By "say", I mean my own views and opinions. Say, first of all, there must be hierarchy. Use first, second and third. Especially, the first, second and third should be used to express opinions in court, because the judge in court doesn't know how long the lawyer will talk, and judges without hierarchy often interrupt the lawyer, which is easy to cause conflicts between defense and trial. It would be better if you could tell me how long you need to say it and make it clear in advance. For example, judge, I have three points, which will take about five minutes.

second, it should be interesting. You can say this or that, but you should make everyone feel interesting, and use some idioms and cases to make everyone feel interested in listening. Third, there must be novelty. The angle should be different from others, and others say yes, but you say no. The fourth is to be interactive. The purpose of speaking is to let the other person listen, and always pay attention to the feelings of the listener. If it's just for self-venting, it's called false eloquence.

4. The fourth skill of eloquence is chatting.

chatting means chatting and chatting. Chatting can enhance and promote understanding, and get twice the result with half the effort. Many problems are often solved by chatting with each other. Chatting should have topics, materials, time and space. Generally speaking, when chatting, it's best to bring some information, send a book and ask for correction, which will give you the material and topic. There is still time and space for chatting. If a person is very busy, please leave a phone number and say that we will talk next time. If everyone around you is busy, it's not convenient to talk, so find another opportunity next time to show respect for others.

5. The fifth skill of eloquence is talking.

to talk is to talk about the plan. What attracts clients most about our lawyers' services is the legal service scheme, and what lawyers need to study most is how to do a good job in the legal service scheme. I think, to form a habit, don't simply complain, for example, what you do is wrong, why are you so stupid? These are all negative energy, and these are meaningless. Instead, it is necessary to cultivate and directly propose the best solution that is conducive to the operability of solving problems. In the process of negotiation, come up with the best plan, and you are the best.

6. The sixth skill of eloquence is evaluation.

comments are comments. All kinds of competitions and activities, such as debates, must be reviewed by someone. Why do we legal people practice this? Because when we speak in court, we have to express our opinions on the performance of all parties in the court, and we legal people often comment on various phenomena and events. Evaluation, first of all, requires concentration. What is concentration? You should concentrate on listening to the whole audience, and when commenting, you can find out the minor faults or imperceptible advantages, so that others will think you are serious, rather than talking in general terms.

second, be professional. For example, if you comment on a debate contest, and comment on his questions, points and time allocation, this reflects your major, and it will be applauded by laymen and experts. Third, we should be wonderful and use some idioms, proverbs, stories, analogies and cases. A review, to review well, needs deep skill.

7. The seventh skill of eloquence is reading.

reading is divided into reading aloud and reading aloud. Reading aloud is a good eloquence training method. I was born in Fujian, and Mandarin is very nonstandard. As a public prosecutor, poor Mandarin is a very serious problem. So I used some methods to practice. First, I lip-synched and read with the news broadcast. Second, I bought books with pinyin for primary school students and read them by the lake every morning, just like Stephen Chow movies. Reading "Historical Records" aloud is very useful for practicing the cadence of speech.

If you persist in this way for several years, your expression will be much better. The second is reading. Eloquence doesn't necessarily mean that you must leave the manuscript. When quoting evidence, legal provisions, policy provisions and famous sayings, it will be more solemn and have better results if you read them in writing.

8. The eighth skill of eloquence is acting.

acting is to organically combine gestures, expressions, postures, eyes, mood and intonation with the content of the speech to enhance the expression effect. Gestures are generally not too much; Expressions represent emotions, which are sad, happy, solemn and relaxed, and should conform to the content of the speech; As for eyes, I want to emphasize that some people don't pay attention to their eyes, and they are murderous, giving people a sense of tension and unfavorable communication. I suggest that everyone travel, whether they know me or not, smile at others first and nod their heads. What if he knows me? We should be kind to others and have a soft eye.

9. The ninth skill of eloquence is theory.

theory refers to a long argument about a problem. In practice, it is mainly reflected in the first round of debate in court, in which prosecutors express their opinions on public prosecution and lawyers express their opinions on defense. On, we need to have a sense of hierarchy, presence and justice. Hierarchical sense means clear hierarchy and accurate logic; A sense of presence means that, combined with the situation on the spot, my audience has a sense of existence and substitution; A sense of justice means that the evidence, law, jurisprudence and truth cited are all common and universally recognized.

1. The tenth skill of eloquence is argument.

distinguish between right and wrong, between true and false, and between right and wrong. Argue, that is to say no. As a defender, the lawyer's job is to say no. Law is unclear, reason is unclear, and debate is the ability we legal people should have. Our second round of defense in the trial is a typical defense link. To argue, we should strive for opposites, quote classics, be concise and generalize. Do lawyers have to be eloquent?

Do lawyers have to be eloquent?

Lawyers don't have to be eloquent.

Lawyers don't have to be eloquent. Reason 1: Lawyers in real life are different from those in Hong Kong TV dramas.

The public in mainland China may watch too many Hong Kong TV dramas and think of lawyers in China as lawyers in Hong Kong TV dramas. Ask a victim to cry bitterly, and plead a person who is obviously guilty to be innocent. This is another ignorance of lawyers in China and the litigation system in China. Hong Kong's legal system adopts the model of Britain and America, which adopt the precedent system and jury system. They don't have as mature written laws as our civil law countries, so lawyers need to convince the jury to make a judgment in favor of their clients in court.

In Britain, even the smallest lawsuit cannot be conducted without citing a set of legal ideas. In order to win an inch of land from the court decision, we will not hesitate to discuss the basic principles of law. When Samuel Levan, an American lawyer in Manhattan, represented an injury case (his client lost his arms in an accident), his final statement was this: "Ladies and gentlemen," he addressed the jury, "I just had lunch with my client." Then, he said slowly, "He … eats like … a dog … one by one." Finally, the jury gave Levan's client what he wanted.

Lawyers don't have to be eloquent. Reason 1: We belong to a country with civil law system.

In civil law countries, the primary task of the parties and their attorneys is to prove the existence of the facts they advocate, while the application of the law is the judge's business. At best, lawyers' opinions on the application of law can provide reference for judges to apply the law.

China's legal system determines that lawyers in China are not required to be as eloquent and eloquent as British and American lawyers. Because we have a well-defined written law, when the facts are ascertained, it will be clear who wins or loses. If the lawyer shows the British and American lawyers in our court, telling Levan's sentence "He eats like a dog", I think it is likely to be banned by the judge, or even expelled from the court, at least making the judge, the opposing party and the observers sick. They may also be complained by their clients, because they will think that their personality has been insulted.

A lawyer doesn't have to have a good eloquence. Reason 1: Good eloquence is used to receive cases.

For domestic lawyers, his role is mostly in receiving cases. Poor clients don't know the litigation system and mode in China. They always regard good eloquence as the important or only criterion for choosing their own lawyers. Therefore, a lawyer with good eloquence can always seize such an opportunity. In court, some