【云德访谈】精英律师院长说系列|精英律师应有的品质——自律

人物介绍

宋路凯律师，陕西云德律师事务所高级合伙人，云德律师事务所金融投资法律事务部首席律师，云德律师事务所工会主席。陕西律师协会会员，中华全国律师协会会员。

宋律师2007年进入律师行业，从事律师实务十余年。十多年的法庭及商务谈判实践，练就了丰富的诉讼及谈判经验，在执业实践中不断汲取知识，完善理论架构，同时又以最新、完善的理论指导执业活动，最大化的维护各委托人的合法权益。目前担任多家国有大中型及民营企业的法律顾问，诸如：西安市环境保护科学研究院、西安市长安区农村信用合作联社、招商银行西安分行、西安市长安区汽车运输公司、西安市长安区交运汽车运输有限公司、湖北秦楚纸业有限公司、陕西亚鑫置业有限公司等，在业界赢得良好的口碑。

近期电视剧《精英律师》的热播，在全国掀起了一波律师热潮。很多人在看完电视剧后，都有一种冲动去从事律师职业。对于那些厌倦了朝九晚五上班的人，内心更加向往所谓的“自由职业”，律师在普通人眼里是恰好就是种令人羡慕自由职业。事实上，律师真的比别人更自由吗？是财富自由，时间自由，空间自由亦或是思想自由。律师自由带来的是极度自律，一名精英律师所必备的一项品质就是自律。律师须先自律才能实现真正意义上的自由。

自律是法不离心

自律是自我约束，法律则是自我约束的最低底线。首先，对于普通人来说，需要遵守法律法规。对于律师来说，除了需要遵守一般的法律规范以外，更要遵守律师执业的相关法律规定。例如：禁止虚假承诺，禁止私自收案，禁止私自收受当事人财物等等禁止性规定，如果不自觉遵守规定，不够自律，违反了执业规范和职业纪律，司法行政机关会对律师进行处罚，这是对律师自律标准的提高。其次，《中华人民共和国律师法》第二十二条规定:律师应当维护当事人合法权益，维护法律正确实施，维护社会公平和正义。这是法律赋予律师的职责。律师不仅要保证自己遵守法律，更要对自己的委托人、当事人负责。要在法律规定的范围内，使用合法的方式手段维护当事人的合法权益，保证当事人不超越法律的底线，促进社会和谐，维护社会秩序，这是对律师自律范围的扩大。最后，律师作为法律的践行者，法律意识深深扎根于内心深处，在日常生活的方方面面都在潜意识受法律思维约束和影响，法不离心，时刻警醒，这是对律师自律层次的加深。

自律是学习不止

律师是一个需要不断学习的职业，此处的学习，并不仅仅是看几本法条司法解释，那么简单。一方面，在实践中的案例，并不只涉及法律专业的问题，很多时候是跨专业的。需要对医学、建筑、文化、财会、心理等方面都有所了解，所以一名优秀的律师需要不断丰富自己的知识储备面。另一方面，想成为一名精英律师，空有理论知识是远远不够的，更重要的在于学以致用，将理论应用于实践。丰富的实践经验，并不可能一蹴而就，需要长期的训练，不断钻研业务，提高业务素质。律师，是以博弈为业的职业群体，我们面对的对手不会一成不变，面对瞬息万变的情况，如果你的处理方式一成不变，那么你将会被时代所淘汰。打败对手最有效的方式，不是天天盯着对手，研究对手将会采取什么措施，而是不断超越从前的自己。超越自己，需要不断学习，不断进步。成年人的世界中，可以依靠的只有自己。成功不是靠他人的督促，而是要靠自我约束，自我激励，自我奋斗。律师的成功没有捷径，只有高度自律，不断的学习与积累。

自律是正义良知

康德在《实践理性批判》中说过：这个世界上有两件事最让我震撼和惊叹：一是头顶上的璀璨星空，二是内心深处的道德准则。星空浩瀚如烟，气象万千，尽显宇宙之广阔。道德自强不息，厚德载物，昭示人性之至善。周恩来总理在《接见美国青年代表团的谈话记录》中说过:"你们会从直接的接触中，用你们自己的智慧和良知来加以判断。”作为一名律师，我们在处理案件，待人接物时，既要用自己所有的专业知识去分析判断，更要用自己的良知去维护司法正义。当自己的身边出现这种情况时，特别是那些初入行业的年轻律师，一定要自律，从思想至行动上，都要自我约束，切不可随波逐流。举世混浊而我独清，众人皆醉而我独醒，坚守本心，勿忘初心，方得始终。

如果将我们的社会看作一台高速运转的机器，那么法律便是为让机器正常运转而编制的程序，我们法律人就是程序的维修人员。人与人之间发生的纠纷，就好比机器运行出现了问题，需要我们去处理。在依法治国的今天，我们律师作为一名法律工作者，要清楚的认识到自己的职责所在，肩负起自己的使命，在司法改革和法治建设的进程中散发我们的能量。

唯有自律的人，才能理清生活中的细枝末节，让其各安其位，稳当妥帖，串联起井然有序又自在轻盈的人生。精英律师，精彩人生，首先要做一个自律的人。在自律中自由，在自由中自律。

Lawyer Song Lukai，Senior Partner of Shaanxi Yunde Law Firm, Chief Lawyer of Financial Investment Legal Affairs Department of Yunde Law Firm, and Chairman of Trade Union of Yunde Law Firm. Member of Shaanxi Bar Association and All China Lawyers Association.

Lawyer Song entered the lawyer profession in 2007 and has been engaged in lawyer practice for more than 10 years. After more than ten years of court and business negotiation practice, he has developed rich experience in litigation and negotiation. He has continuously learned knowledge and improved the theoretical framework in his practice. At the same time, he has guided his practice activities with the latest and perfect theories to maximize the protection of the legitimate rights and interests of his clients. At present, he serves as a legal adviser to many large and medium-sized state-owned and private enterprises. For example, Xi'an Environmental Protection Research Institute, Xi'an Chang'an District Rural Credit Cooperative Union, Xi'an Branch of China Merchants Bank, Xi'an Chang'an District Motor Transport Company, Xi'an Chang'an District Jiaoyun Motor Transport Co., Ltd., Hubei Qin Chu Paper Co., Ltd., Shaanxi Yaxin Real Estate Co., Ltd., etc. have won good reputation in the industry.

The recent popularity of TV series "Elite Lawyers" has set off a wave of lawyers' upsurge across the country. After watching TV plays, many people have an impulse to become lawyers. For those who are tired of working from nine to five, their hearts are more yearning for the so-called "freelance". Lawyers are just an enviable freelance in the eyes of ordinary people. In fact, are lawyers really freer than others? It is freedom of wealth, freedom of time, freedom of space or freedom of thought. Lawyer freedom brings extreme self-discipline, and a necessary quality for an elite lawyer is self-discipline. Lawyers must exercise self-discipline before they can realize their real freedom.

Self-discipline is the law always in heart.

Self-discipline is self-discipline, while law is the lowest bottom line of self-discipline. First of all, for common men, they need to abide by laws and regulations. For lawyers, in addition to abiding by the general legal norms, they must also abide by the relevant legal provisions of lawyers' practice. For example, prohibitive regulations such as prohibition of false promises, prohibition of accepting cases without permission, prohibition of accepting property from parties without permission, etc. If they do not consciously abide by the regulations, do not have enough self-discipline, and violate the practice norms and professional discipline, the judicial administrative organ will punish lawyers, which is an improvement of lawyers' self-discipline standards. Secondly, Article 22 of the Lawyers Law of the People's Republic of China stipulates that lawyers shall safeguard the legitimate rights and interests of the parties, safeguard the correct implementation of the law, and safeguard social fairness and justice. This is the duty entrusted to lawyers by law. Lawyers should not only ensure that they abide by the law, but also be responsible to their clients. To use legal means to safeguard the legitimate rights and interests of the parties within the scope prescribed by law, to ensure that the parties do not exceed the bottom line of the law, to promote social harmony and to maintain social order, this is an expansion of the scope of lawyers' self-discipline. Finally, as a practitioner of the law, lawyers' legal consciousness is deeply rooted in their hearts. They are subconsciously constrained and influenced by legal thinking in all aspects of daily life. The law is not centrifuged and they are always alert. This is a deepening of lawyers' self-discipline level.

Self-discipline is never stopping learning.

Lawyers are a profession that needs continuous study. Our study is not only as simple as looking at several judicial interpretations of this law. On the one hand, cases in practice do not only involve legal professional issues, but are often cross-disciplinary. Need to understand medicine, architecture, culture, accounting, psychology and other aspects, so an excellent lawyer needs to constantly enrich his knowledge reserve. On the other hand, to become an elite lawyer, it is far from enough to have theoretical knowledge. What is more important is to apply what you have learned and apply it to practice. Rich practical experience cannot be achieved overnight. It requires long-term training, continuous study of business and improvement of professional quality. Lawyers are professional groups that take games as their profession. The opponents we face will not remain the same. Facing the rapidly changing situation, if your handling methods remain the same, then you will be eliminated by the times. The most effective way to defeat an opponent is not to stare at the opponent every day and study what measures the opponent will take, but to constantly surpass himself. To surpass oneself, one needs to learn and make continuous progress. In the world of adults, only can be relied on is themselves. Success does not depend on the supervision of others, but on self-restraint, self-motivation and self-struggle. There is no shortcut to the success of lawyers, only a high degree of self-discipline, continuous learning and accumulation

Self-discipline is justice and conscience

Kant said in Critique of Practical Reason: There are two things in this world that shock and amaze me mostly: one is the bright starry sky overhead, and the other is the moral principle in my heart. The starry sky is vast and smoky, and the weather is myriad, showing the vastness of the universe. Moral self-improvement and moral commitment show the supreme goodness of human nature. Premier Zhou enlai said in the "Conversation Record of Meeting with the American Youth Delegation": "You will judge from direct contacts with your own wisdom and conscience." As a lawyer, when dealing with cases and dealing with people, we should not only use all our professional knowledge to analyze and judge, but also use our conscience to safeguard judicial justice. When this happens around you, especially those young lawyers who have just entered the industry, they must be self-disciplined, self-disciplined from thought to action, and must not go with the flow. The world is cloudy and I am clear alone. Everyone is drunk and I wake up alone. Stick to my original heart, Do not forget your initiative mind and so as to achieve your final goal.

If our society is regarded as a high-speed running machine, then the law is the program compiled to make the machine run normally, and our legal person is the maintenance personnel of the program. Disputes between people are just like problems in the operation of machines, which need us to deal with. Today, when ruling the country by law, our lawyers, as legal workers, should clearly realize their responsibilities, shoulder their missions and distribute our energy in the process of judicial reform and the construction of the rule of law.

Only self-disciplined people can sort out the details of life, let them take their places, be stable and appropriate, and connect orderly, comfortable and light life. Elite lawyers, with a wonderful life, must first be a self-disciplined person. Only in self-discipline can you truly own your future.