律师业务的变迁

律师业务的变迁

CHANGES IN THE LAW PRACTICE

在律师制度恢复重建的初期,诉讼业务是多数律师事务所和律师的主要业务和看家本领。据统计资料显示,1980年,天津有律师事务所三家,律师50人,当年办理的业务主要有两类:一是刑事辩护,659件;二是民事代理,47件。1980—1989年的十年间,全市律师共办理刑事、民事、经济案件66345件。而作为后来在相当长的时间里律师业务主要开拓方向的非诉讼案件,1980年为0件,1981年为15件,至1989年九年间累计为2181件。

In the early days of the recovery and reconstruction of the lawyer system, litigation business was the main business and housekeeping skills of most law firms and most lawyers. Statistics show that in 1980, there were three law firms in Tianjin, with 50 lawyers. There were two main types of business handled that year: one was 659 criminal defense, and the other was 47 civil representation. During the ten years from 1980 to 1989, lawyers in the city handled 66,345 criminal, civil and economic cases. As a non-litigation case in which the lawyer's business was the main development direction for a long period of time, there were 0 case in 1980, 15 cases in 1981, and a total of 2,181 cases in the nine years to 1989.

律师制度恢复后,法律顾问业务得到了快速发展。1981年,天津市国际信托投资公司聘请第一法律顾问处的武宝锐律师任常年法律顾问,标志着天津律师制度恢复后,律师担任常年法律顾问的开端。到1981年年底,武宝锐律师共为公司审查与国内外缔结的合同42件,解答法律咨询8次,并对公司全体职工进行法制宣传,从而有效减少了公司的纠纷与诉讼,维护了公司的利益,同时也增强了职工的法制观念。法律顾问业务和非诉讼业务一样,在律师制度恢复后的相当长的时间里,是律师开拓业务的主要方向,也是律师和律师事务所生存的基本保障。特别是在1988年律师体制改革以后,多数律师事务所实行自收自支的财务制度,法律顾问业务就显得越发重要了。据统计资料显示,1981年全市律师事务所仅有法律顾问1家,此后持续增长,1982年为8家,1988年为1982家,1989年为2390家。

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律师执业证
Lawyer's license

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天津市离退休法律工作者协会法律顾问证
Tianjin Retired Legal Workers Association Legal Counsel Certificate

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在天津市第一招待所合影
A group photo at Tianjin No.1 Guest House

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20世纪80年代天津市司法局领导与部分律师合影
A group photo of the leaders of the Tianjin Municipal Bureau of Justice and some lawyers in the 1980s(https://www.daowen.com)

In the development stage after the restoration of the lawyer system, the legal advisory business has developed rapidly. In 1981, Tianjin International Trust and Investment Company hired lawyer Wu Baorui from the First Legal Counsel Office as its permanent legal counsel. It is generally believed that this is the beginning of lawyers serving as perennial legal advisers after the restoration and reconstruction of the Tianjin lawyer system. By the end of the year, the lawyers had reviewed 42 contracts concluded between the company and domestic and foreign countries, answered 8 legal consultations, and conducted legal publicity to all employees of the company. This enabled the company to reduce disputes and litigation, maintained the company's economic benefits, and enhanced the legal concept of employees. The legal advisory business, like the non-litigation busines, has been the main direction for lawyers to expand their business during the initial recovery of the lawyer system for a long time, and is the basic guarantee for the survival of lawyers and law firms. Especially after the reform of the lawyer system in 1988, most law firms implemented a self-financing financial system, and the legal advisory business became more and more important. Previously, according to statistics, in 1981, the city's law firms had only one legal adviser. Since then, the number has continued to grow. There were 8 in 1982, 1,982 in 1988, and 2,390 in 1989.

相对于传统的诉讼业务,非诉讼业务为律师提供了更加广阔的发展空间。1993年,当时的对外经济贸易律师事务所的主要负责人之一吕常胜辞去公职,领衔创办了天津汇川律师事务所。这位有着在香港律师事务所研修、工作经历的带头人和他的律师事务所借鉴了香港律师操作房地产项目的业务模式,参与完成了天津市第一宗大型楼宇河川大厦的涉外销售,他们为天津律师业的发展推开了一扇新的窗户。1993年,天津环球磁卡股份有限公司作为天津市和中国制卡行业首家上市企业,其股票在上海证券交易所上市。天津金融律师事务所为上市提供了全程法律服务并出具了上市必备文件——法律意见书。这也是天津律师第一宗公司上市法律服务案例。

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1988年10月第一法律顾问处成员合影(王金安律师提供)
A group photo of the First Legal Counsel Office in October 1988 (provided by lawyer Wang Jin'an)

Compared with traditional litigation business, non-litigation business provides lawyers with a broader space for development. In 1993, Lü Changsheng, one of the principal persons in charge of the Foreign Economic and Trade Law Firm at the time, resigned from public office and led the founding of Huichuan Law Firm. This leader with experience in studying and working in a Hong Kong law firm and his law firm drawing lessons from the business model of Hong Kong lawyers operating real estate projects, they participated in the completion of the foreign-related sales of Tianjin's first large-scale building, Hechuan Building. They opened a new window for the development of Tianjin's lawyers. In 1993, Tianjin Universal Magnetic Card Co., Ltd. was the first listed company in Tianjin and China's card manufacturing industry, and its stock was listed on the Shanghai Stock Exchange. Tianjin Finance Law Firm provided full legal services for listing and issued legal opinions as a necessary document for listing. This is also the first legal service case for a Tianjin lawyer to list a company.

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1995年天津开展律师见证业务
In 1995, Tianjin started lawyer witness service

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律师与天津市司法局工作人员合影
A group photo of lawyers and staff of the Tianjin Municipal Bureau of Justice

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律师与司法局工作人员合影
A group photo of lawyers and staff of the Bureau of Justice