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把一千个律师沉到海底
http://www.sina.com.cn 2004/07/20 16:23  北京青年报

  David:

  The United States is a country that places a great emphasis on law. Surging use of the courts to resolve disputes has made the legal profession a "hot" industry, and the social status of American lawyers has long been rather high. In the past, many parents would wish for their sons to become lawyers or their daughters to marry lawyers. (Nowadays, of course, parents want their daughters to become lawyers too.)

  Not surprisingly, lawyers tend to earn handsome incomes. How much an experienced lawyer makes in the US depends on whom he or she is working for. Working for the government as a prosecutor is different from working as a defense attorney. A mid-level government prosecutor can earn from $70,000 to $100,000 a year. Defense attorneys can earn anywhere from $30,000 to millions of dollars, depending on whether they are public defenders or private defense attorneys. (The big bucks are definitely in private practice.)

  I should add, though, that over the last twenty to thirty years Americans' views of lawyers have darkened somewhat, largely as a result of the growth in the number of questionable legal cases.There is nothing wrong with lawsuits per se, but many Americans now feel that some lawyers encourage clients to initiate frivolous lawsuits. A few years ago there was a notorious case against McDonald's: someone in a McDonald's restaurant had ordered a cup of coffee to go, and as she was drinking the coffee back in her car, it spilled and scalded her leg badly. She sued the restaurant chain, contending that McDonald's should have been warning customers not to drink a hot beverage while driving. She won the lawsuit and received millions of dollars in compensation. A lot of Americans concluded that, but for①a greedy lawyer, this lawsuit would not have happened.

  As a result of well-known cases of this kind, the prestige of lawyers is not what it once was. There is a joke in the US: "What do you call 1,000 lawyers at the bottom of the ocean? Answer: A good start!" This little joke gives expression to the antipathy many Americans claim to feel toward lawyers -- ridiculing lawyers has become an American habit. Nonetheless, I think I would still encourage any child of mine who was clever with words to become a lawyer. The work lawyers do is in fact indispensable for our society. What is more, studying law is often the first step to a career in politics.

  Victor:

  Ordinary Chinese have a high opinion of lawyers, mainly thanks to the positive image of lawyers projected in foreign movies. Among those who actually deal with Chinese lawyers, such good feelings drop dramatically. One reason for this is that lawyers here tend to charge very high fees. A second reason is that many lawyers depend on guanxi (contacts) in the conduct of their work. A third reason is that the level of professionalism among Chinese lawyers isn't all that impressive; too often their presentations are a far cry from②the wonderful public speaking that people have seen in films.

  Lawyers are starting to play increasingly important roles in society and the economy. In the past, lawyers primarily handled civil matters, but now lawyers work in many fields, including some that do not involve litigation, such as helping to reconfigure joint-stock companies and protecting the rights of suspects during investigations.

  But two problems have emerged. First, as their role has expanded,lawyers have tended to focus on what they see as the more profitable areas of law. Instead of civil suits or modest inheritance and divorce cases, they are eager to undertake lucrative notarial work for new companies, real estate firms and the like. Second, although the expertise demanded by the legal profession has increased, the phenomenon of relying on guanxi remains serious. The work lawyers do requires them to establish and maintain good relations with judges. I don't like this very much; in fact, that's why I chose not to become a lawyer myself.…

老外直言:把一千个律师沉到海底

  本文选自《中国这边,美国那边:81个话题透视中美差异》一书。

  作者曾任美国驻华外交官,现任美国国务院“经济政策办公室”官员。

  袁岳:零点研究集团董事长,清华大学公共管理学院、南开大学国际商学院等高校的兼职教授。

  翻译支持:美国哥伦比亚大学法学院:龙翔博士,CyrusJ.Joubin

  北京能量文化传播中心策划出品

  方大为:

  美国是一个非常重视法律的国家。五花八门的官司促成了律师职业的红火。律师这种工作长期以来是社会地位很高的职业。以前,许多父母都希望自己的儿子成为律师,也希望女儿嫁给律师。当然,现在许多父母希望女儿也成为律师。

  律师的收入往往很高,这一点并不令人吃惊。资深律师的年收入大概是多少呢?这要看你给谁干,如果给政府工作,做检察官,那收入与做辩护律师就不一样。中层检察官的年收入为7~10万美元。如果是辩护律师,则年收入为3万到十几万甚至几百万,这取决于你是公设辩护律师(法庭为没钱请律师的被告指定的辩护律师)还是私人辩护律师。(大钱肯定是在做私人辩护律师时挣得的。)

  不过,我想补充的是,在最近二三十年里,美国老百姓对律师的看法有了改变,不像以前那样敬重律师了,这是滥用诉权的官司太多造成的结果。官司本身倒没问题,但是人们有一种普遍的感觉,觉得律师是在鼓动人们去打无谓的官司。几年前,在美国有个"起诉麦当劳"的著名官司。有一个人去麦当劳买了一杯热咖啡带走,在开车喝咖啡时,咖啡溅了出来烫伤了她的腿。她起诉麦当劳,说麦当劳应该提醒她开车时不要喝这么烫的东西。她赢了这个官司,好像是几百万美元的赔偿费。美国人认为,如果没有贪钱的律师鼓动,这个官司是不会打的。(注:律师通常会得到赔偿费的1/3作为酬劳)

  这类官司使律师的社会地位变得不像以前那么高了。在美国有一个玩笑:你怎样看把1000个律师沉到海底?答曰:这是个很好的开端!这个幽默说明了许多人对律师的反感。嘲笑律师已成为当今美国人的习惯。但我还是愿意让自己的孩子当律师,如果他有口才的话。律师的工作对于我们的社会来说是非常必要的。再说,学习法律往往是从政的第一步。

  袁岳:

  中国百姓对律师的印象很好,这主要是因为来自电影里的对外国律师的好印象。真正接触过中国律师的人,好感会明显下降。其原因一是律师要价高;二是办案过程中拉关系的现象比较严重;三是专业化程度低,远不像电影里律师进行法庭辩论那样精彩。

  现在,律师的作用在提高。以前,律师主要进行民事诉讼;现在,律师介入到了司法中更多的层面,如股份制改造的法律见证书、侦查阶段的当事人权益保护等非诉讼领域。

  但是,在这个作用提高的过程中,存在两方面的问题:第一,随着律师角色的扩展,律师服务集中在特别有利可图的业务上。对于大量的民事诉讼,如家庭纠纷、家庭小额遗产以及离婚等等,律师不愿意去做,他们更愿意做上市公司见证和房地产等赚钱的经济案件;第二,虽然法律要求的律师专业能力有所提高,但办案中搞关系现象还是很严重的。律师的工作要求他们跟法官搞好关系,我自己就不太喜欢这一点,所以没有选择做律师。……




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