Do lawyers have to be sharp? Everyone should know that lawyers are very sharp. You must be fully prepared before you decide to go to sea, and it is difficult to stick to the end. Let's understand whether a lawyer must be sharp.

Do lawyers have to have a good mouth? 1 lawyers are good at speaking freely. The key is clear thinking and strict logic. Lawyers don't want to take the Putonghua test, and they are not public officials. They don't need it at all. You can become a lawyer as long as you get a bachelor's degree and pass the judicial examination. You have to be eloquent to be a lawyer, okay?

Whether a lawyer must be eloquent is not the case, at least in China. Good eloquence is only a sufficient condition for a good lawyer, but it is not a necessary condition. I have met many introverted lawyers and listened to their speeches, but I feel that their eloquence is not as good as the clients themselves. However, in the debate on legal issues, their thoughts and ideas have always been clear and in place, and the feeling of anticlimactic is impressive.

I once asked a familiar judge about this phenomenon. He said that the performance in the lawyer's court is not determined by your endless speech, but by whether you can grasp the focus of the case and debate it. Therefore, the judges of their collegiate bench often like lawyers who don't talk nonsense and only pay attention to lawyers, instead of giving theoretical lessons to judges in court. Later, my teacher and I observed this phenomenon in court, whether it is a grass-roots court, an intermediate court or a high court, almost all judges are like this.

If the lawyer keeps repeating the facts, he will tell a story every time he quotes a law, so as to avoid many judges interrupting the lawyer's argument and letting him directly answer the controversial questions summarized by the judge. At this time, it is not your eloquence that dominates, but your understanding of the case itself and your proficiency in the legal level.

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 is to "fool" and simplify one's own complicated problems, at the same time complicate the other's simple problems, make the facts ambiguous, interpret the law into N meanings, and try to be far-fetched in one's own conclusions and opinions. You can't pass the experienced judges, even some books.

At the beginning of my work, I participated in the trial of a contract dispute case with a bid of more than 6 million yuan. On the one hand, two lawyers are at the level of two doctors of law, and on the other hand, one lawyer is an awesome figure who changed jobs from the army to the public security examination lawyer. The legal level of doctors really has nothing to say. During the trial, I analyzed many concepts of legal relationship. At first, I was able to keep up with them, but later I became more and more confused and completely fooled, while the opposing lawyer was always unhurried and direct.

Your multiple legal relationships have nothing to do with this case. No matter how much you quote, it will be solved by this lawyer from the army. Just like Tai Chi, those two doctors and lawyers seem to have great momentum, but they can always see through your purpose. Both sides are at the top. Later, when I looked back on the trial, I really gained a lot. The presiding judge was also quite good and the control of the trial was in place. Therefore, I think it is not only important to be with a good lawyer, but also very beneficial to meet a good judge.

Therefore, I think that people who enter the legal profession, especially those who have just entered the profession, should pay more attention to court trials, and don't think of China's court trials as western ones. There is much talk in Hong Kong films and much romance in Korean dramas. All this is an illusion in China, at least for now.

What we mainly do is to strengthen the proficiency of basic legal knowledge and knowledge application. We can accurately grasp the controversial focus of each case sponsored and co-sponsored, and then clear our thinking, clear the evidence, and find the upper, middle and lower countermeasures. Every little makes a mickle, step by step, and persevere. One day, you will become a famous lawyer and you are introverted.

Ten Skills for Lawyers to Improve Their Eloquence

1. The first skill of eloquence is not listening.

Whether you can listen or not is also very particular. I once met a lawyer. When he receives customers, he doesn't look them in the eye. The client is talking. He looked out of the window, which made the client have a lot of complaints. 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, concentrate, immerse yourself in love and drama.

2. The second skill of eloquence is to ask.

Everyone is chatting, for example, lawyers communicate with lawyers, parties and suspects of the case-handling unit. The way to interact is to ask, and there is no way to communicate without asking. I made three points about this problem. The first one is not ashamed to ask questions. Generally speaking, we mean a clear conscience. Then why do we say that we should not be ashamed to ask questions? 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, so that teachers have a sense of accomplishment.

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

Once I took an assistant to court. I was on the road for more than an hour, waiting for him to ask me questions. As a result, he didn't ask a question for over an hour! I belonged to him for more than an hour and 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 work 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 feel the same way. The teacher is very busy at ordinary times, so it's not good to disturb him by asking him questions. 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. Second, ask questions at will. I mean, everyone is about the same level, so you can ask questions at will and exchange ideas. The last, gentle question, is that school teachers and management should always ask their subordinates questions, which is their concern and cannot be ignored.

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

Does this mean that you were not at the scene when the crime was committed? Say, yes. If he is an accessory, let's say, who cares about this matter, Zhang San. Who has all the money been distributed to? Zhang San. We should take all this information out and give it to the judge. Secondly, ask ambiguity. For the prosecution witness, we should get to the bottom of the matter, discard the false and retain the true, until the ambiguity is asked.

3. The third skill of eloquence is speaking.

That is to say, one's own views and opinions. Say, first of all, there must be levels. Use first, second and third gears. Articles 1, 2 and 3, in particular, should be used to express opinions in court, because judges in court don't know how long lawyers will speak, and judges without hierarchy often interrupt lawyers, which is easy to cause conflicts between defense and trial. If you can tell me how long you need to speak, it would be better to make it clear in advance. For example, the judge, I have three points, which will take about five minutes.

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

The fourth skill of eloquence is chatting.

Chatting is chatting, 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, material and time and space. Generally speaking, when chatting, it is best to bring some information, send a book and ask for corrections, which will give you material and topics. There is also time and space for chatting. If a person is busy, please leave your phone number and say we'll talk next time. If everyone around you is busy and can't talk, find another opportunity next time to show respect for others.

The fifth skill of eloquence is speaking.

We're talking about plans. The most attractive thing for our lawyers is the legal service plan, and what lawyers need to study most is how to do a good job in the legal service plan. 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. But to cultivate and directly put forward 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 audited by someone. Why do we legal people do this? Because when we speak in court, we have to express our opinions on the performance of all parties in court, and we legal persons often comment on various phenomena and events. Evaluation requires concentration first. What is concentration? You should concentrate on listening to the audience, and find out minor faults or imperceptible advantages when commenting, so that others will think that you are serious, rather than talking in general terms.

Second, be professional. For example, if you comment on a debate, comment on his questions, main points and time allocation, this shows your specialty, which will be applauded by laymen and experts. Third, be wonderful and use some idioms, proverbs, stories, analogies and cases. Review, to review well, requires 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 my Mandarin is not standard. As a public prosecutor, poor Mandarin is a very serious problem. So I used some methods to practice. First of all, I lip-synched and read along 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 speaking.

I persisted in this way for several years and my expression was much better. The second is reading. Eloquence doesn't necessarily mean leaving the manuscript. When quoting evidence, legal provisions, policy provisions and famous aphorisms, it will be more solemn and effective if they are read in writing.

8. The eighth skill of eloquence is acting.

Performance is to organically combine gestures, expressions, postures, eyes, tone and intonation with the content of the speech to enhance the expression effect. Gestures are generally not too many; Expressions represent emotions, which are sad, happy, solemn and relaxed, and should conform to the content of the speech; Regarding the eyes, I want to emphasize that some people do not pay attention to their eyes and are murderous, which gives people a sense of tension and is not conducive to communication. I suggest you travel, whether you know me or not, and smile and nod at others first. What if he knows me? We should be kind to others and have a gentle heart.

9. The ninth skill of eloquence is theory.

On means to use a long space to demonstrate a problem. In practice, it is mainly reflected in the first round of court debate, in which the public prosecutor expressed his opinions on public prosecution and the lawyer expressed his opinions on defense. Now, we need to have a sense of hierarchy, existence and justice. Hierarchical sense means clear hierarchy and accurate logic; The sense of existence means that my audience has a sense of existence and substitution in combination with the situation on the spot; A sense of justice means that the cited evidence, law, jurisprudence and truth are common and universally recognized.

10, the tenth skill of eloquence is debate.

Distinguish right from wrong, true and false, right and wrong. Arguing means sayingno. As a defender, the job of a lawyer is to say no, and the law is unclear and unreasonable. Arguing is the ability that we legal persons should have. Our second round of defense in the trial is a typical defense link. Debate should strive for opposition, quote classics, be concise and summarize.

Lawyers must be eloquent, okay? Lawyers must be eloquent, okay?

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 dramas.

Chinese mainland citizens may have watched too many Hong Kong TV dramas and imagined China's lawyers as lawyers in Hong Kong TV dramas. Beg a victim to cry and beg an obviously guilty person not to be guilty. This is another ignorance of lawyers in China and the litigation system in China. The legal system in Hong Kong adopts the Anglo-American model, that is, the precedent system and jury system. They are not as mature as our civil law countries, so lawyers need to convince the jury to make a judgment in favor of the client in court.

In Britain, even the smallest lawsuit cannot be carried out without citing a set of legal concepts. In order to win an inch of land from the court decision, we will not hesitate to discuss the basic principles of the 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 told 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 Levin's client what he wanted.

Lawyers don't have to be eloquent. The reason is 1: We belong to the civil law countries.

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

China's legal system determines that lawyers in China don't need to be eloquent like British and American lawyers. Because we have clear written laws, it will be clear who wins and who loses when the facts are ascertained. If the lawyer shows the British and American lawyers in our court and tells Levin that "he eats like a dog", I think it is likely to be banned by the judge or even expelled from the court, at least it will make the judge, the opposing party and the spectators sick. They may also be complained by customers because they will think that their personality has been insulted.

Lawyers don't have to be eloquent. Reason 1: Good eloquence is used to accept cases.

He has a good eloquence. For domestic lawyers, his role is mostly to accept cases. Poor customers don't understand the litigation system and mode in China. They always regard good eloquence as an important or only criterion for choosing their own lawyers. Therefore, lawyers with good eloquence can always seize such opportunities. In court, some lawyers always like to make full use of their eloquence, but their purpose is by no means to convince judges, because most judges don't want to listen or don't listen at all (you can wait to see an agent).

Lawyers must! The purpose of giving full play to one's eloquence is mainly to show it in front of the parties, and don't let the parties feel that they have paid so many agency fees and have been cheated after only saying a few words. Otherwise, the case may be accused by the parties after losing the case. In this way, if you win the case, you can boast that your agent is high, and if you lose, you can say that the judge is low. In a word, the lawyer's eloquence will not play a decisive role in the outcome of the case in China, which is determined by the legal system in China.

Lawyers are not necessarily eloquent. Reason 1: A good lawyer may not have a good eloquence.

Eloquence is dispensable, as long as you can make the judge understand what you mean, no matter what expression, oral language, written language or body language. In court, no matter which side's attorney (including the parties) speaks, it is for the judge, not for the other side, not for the quarrel between the two sides, and the judge is beside the judge. A truly qualified lawyer should have clear thinking, good legal foundation and rich experience in handling cases, and let the judge understand what you want to express in the most convenient way.

Flashy words can only make people bored and sick. If the client regards eloquence as an important criterion in choosing a lawyer, I suggest finding an ordinary bitch. His role in court will be no less than that of a lawyer, and his price will be cheaper. According to the above standards, it is completely feasible for the dumb to be a lawyer in China, and the lawyer law of China does not restrict the dumb to be a lawyer. As long as he has legal knowledge, clear thinking, competitive spirit and a good capacity for drinking, he can become an excellent lawyer.

The law of being a good lawyer

The two most important qualities of a lawyer are skilled legal knowledge and sincere service consciousness. The former is the basis for you to become a lawyer rather than a liar, and the latter is the key to decide whether you are a good lawyer or not. These two basic principles need to be accumulated for a long time, not achieved soon. More than half of the proficient legal knowledge comes from self-study, and the other half probably comes from the dictation of senior lawyers. I don't know about doctors, but legal service is to serve people and persuade others.

Therefore, even if you know a lot of legal knowledge, but you don't know the way of the world, tolerance and love, I'm afraid it's hard to be effective. As Paul said, if I can speak the language of thousands of people and angels, but have no love, I become a gong or a cymbal. If I have the ability to predict, I understand all kinds of mysteries and knowledge, and I have all kinds of beliefs, so I can move mountains, but I have no love, and I am nothing. As for the meaning of sincere service, I'm afraid I can still get my heart's desire, and I can be diligent and diligent.

With these two things, you can become an excellent lawyer. Next, do you think it is eloquence? No, it's words. I once wrote an article about lawyers' words being more important than eloquence. After all, many times, you need to deal with the parties, judges and others through words. Words last forever, but they drift with the wind.

Further down is the ability to retain customers. Judges don't need this. As a lawyer, this is perhaps the most difficult to get started. In fact, it is also the ability to deal with people. This prosecution needs no eloquence. What matters is the sincerity in front. Many clients know that their lawyers are not very professional, but they are often moved by their enthusiasm. Moreover, not all situations require advanced majors. In many cases of cold and fever, ordinary doctors are enough. Of course, all lawyers should be modest, and some are uncertain, which may be a serious illness and need more discussion.

There are many ways to accumulate customers. Traditionally, generally speaking, it only takes time. Slowly boil, the fragrance of wine is not afraid of the deep alley, and customers will naturally accumulate slowly. Modern, is in the market through all kinds of soft and hard advertising, strangers, you retain customers through service. But it comes and goes quickly. The bald head is as good as new, and so is the cover. After all, it is rare. Dealing with customers is basically a process of making friends. If you treat others sincerely, you can always make friends. Among them, lawyers and friends are also very important. You know, there are many cases that lawyers introduce to lawyers.

Furthermore, it should be that various other abilities of lawyers, such as courage in the face of abuse of power, are scarce in the criminal field. Frankly speaking, many criminal lawyers are not necessarily eloquent. If the argument is wrong, even the best eloquence will have a negative effect. My colleague said that in the criminal court, the opposing lawyer was eloquent, but he gave up the client's surrender in court. The judge made great efforts to open the second court, and the parties re-recognized it before surrendering themselves. Even if you are not good at talking, but you dare to take evidence, you are also a very good lawyer in the criminal field.

Eloquence is just a kind of expressive ability, Confucius said, clever words make the color fresh and benevolent. China culture has never liked such people since ancient times, thinking that they are not pure enough. The Analects of Confucius says that quality is better than literature, and literature is better than quality. Gentle, then a gentleman. It can also refer to the relationship between people and expressions. People themselves are simple and heavy, and their expressions are often simple and simple. People are vulgar and their expressions are vulgar. Ceng Wenzheng wrote to teach his son that the packing density is sincere. In fact, if you correctly grasp the law and express it sincerely, it will be enough.

Xiao Li flies a knife, and one knife is enough. The best eloquence is brevity. If you make a mistake, or you can't grasp the legal point, the more you say, the better your literary talent will be. In the end, the quality of literature will lead to history. As Ecclesiastes says, your knife cuts into the void. If you can't be concise, then at least don't be verbose. I suspect that sometimes the judge can't wait to choke that long-winded lawyer to make him talk less. Of course, educated judges only pinch their thighs. When his thighs are covered with Wu Qin, can you still win your case?

Do lawyers have to be eloquent? How do lawyers practice eloquence?

First, be brave in change.

The premise of being brave in change is to know yourself. There is a stone tablet in the temple of Apollo in Athens, which reads "Know yourself". This is Socrates' famous saying. He warned the world that recognizing oneself is the greatest prerequisite for doing things.

For a lawyer who is eager to be eloquent, he must first understand his language expression ability objectively. Is your Mandarin standard? Is your voice soft? Can you talk about a complicated thing without a speech outline? Can you make an impromptu speech? And the center is prominent, coherent and so on. Choose the right one and the good one, and change the bad one. Secondly, we should have confidence in success subjectively. A person walking in the street wearing funny clothes feels that he will be laughed at by others, because he feels like a clown in his heart, so he really becomes a clown.

Second, be good at learning.

"Learning" includes three aspects: learning to see, learning to listen and learning to speak.

Learning is an effective way for lawyers to improve their eloquence. The content of "seeing" mainly includes three aspects:

First, read more theoretical books and experience articles. There are many books about eloquence theory. Through learning, we can comprehensively and systematically understand the characteristics and laws of eloquence, master the internal structure and laws of various styles, and then focus on learning various skills and techniques of eloquence, which plays an important role in guiding practice.

The second is to read more classic oral works. There are many speeches by people from all over the world, such as Deng's ambiguous debate, the cross-strait debate at the banquet, and Shi Yang's debate on the truth of the Beijing-Han Railway murder case. When reading these famous books, we should carefully analyze their ideological views, the characteristics of language rhetoric, the arrangement of text structure, and the application of expression skills, so as to turn nuances into nutrition for practicing eloquence.

The third is to read more audio-visual materials. There is a formula in psychology: the expression of a message = 15% speech +30% voice +55% body language. Therefore, while paying attention to analyzing and learning the speaker's thinking and expression skills, we should pay more attention to observing and learning his body language art, and try to combine it with the on-site opinion expression, clothing selection, gfd, body language and facial expressions.