Investigate The Long-term Governance Of The Law Firm

Since the reform from 1992, tremendous development has been gained in the lawyer vocation. It has been uninterruptedly enhancing the management work of the lawyer and initially forming its own management system. How to manage a lawyer business office effectively and persistently, the so called management of prolonged action, is always a question that the people who control the office want to solve but till now can not solve. It is a question that hampers the healthy and continuous development of the lawyer business offices. To investgate the reasons, there are a lot of problems to hampers the development of the offices. However, there is a main problem among them, that is the organization mode of the lawyer business offices mainly including the capital structure and assigning system. Although the the organization mode of the lawyer business offices is instructed and regulated by two administration rules and regulations that are "Administration Way of Cooperation Lawyer Business Office" and "and "Administration Way of Partnership Lawyer Business" issued by the State Ministry of Justice and " Company Law of the People's Republic of China", there has not been found a effective prescription to cure all the illness. The more specilized the professional fields of the lawyer business office is divided, the less number of the people is in the office. In the last there are only several people who smear the mouth with blood in oath-taking in the small lawyer business office. Furthermore,when individual lawyer can earn hundreds of thousands yuan RBM of lawyer fee he will sprout to establish a new lawyer business office for his own. To the secondary shareholder of the lawyer business office in outstanding achievement period, they are more easy to feel their interests are treated unfairly and entrust their hope to redivide the share and the control orbit. If the modulation is laged, they often to solve the problem by withdraw from the office. In this point of view, it seems that the rules of the lawyer business office is a fugacious and dangerous marriage contract. As the imitation of the lawyer business office to company ties up by many factors, if there are not a good share structure to keep up a unifying and stabile team of the lawyer business office, the lawyers themselves will lack felling of safety and the organization of the office will lack enough stabilization.There is still confusion in the management aspects of the lawyer business office to result in inequity of profit allocation. It is caused by hysteresis of the correlated legislationn and the unclear-cut of the Rules and regulations issued by the State Ministry of Justice and the National Committee of Development and Reform in the specification of capital structure and allocation system of lawyer business office. It hampers growth of the lawyer business office. The author proposes the long-term and effective management methods based on the Company Law of the People's Republic of China and the Lawyer Law of the People's Republic of China. Synthetic comparison analysis method and case analysis method have been coalesced in the managing practice of the lawyer business office. It has been explored that autorhythmicity management is the inevitably requirement in the management of the lawyer business office as a company. The contradict caused by the company construction of the lawyer business office and its capital structure of a company, restriction and balance of shareholder right in the management of it as a company, emphasis on its standard construction, consummation of lawyer practicing insurance system and so on, all will contribute to continuious development of the lawyer business office. By means of above methods, democratic centralized management achieves and prospect of pairly sharing benefits in people whose practice is related to the business of the lawyer business office forms so that management of prolonged action will fundamentally achieve.