In the Jingzhou Lawyers Association office, Han Chengli was chatting with a man with a relaxed expression.
"So Old Han, that Song Tengfei is still out of touch, right?" the man said, his voice like a bell.
He is the president of the Jingzhou Lawyers Association, and his name is Yin Deyuan. Not to mention in Jingzhou, he is also a well-known presence in the lawyer circles of Handong Province.
He is also a distinguished professor at Handong University of Political Science and Law. He has published an unknown number of papers.
Seniority matters exist in any industry, let alone lawyers. Why do we often say that lawyers from the courts are very good? We all understand this.
So much so that some courts even laughed at themselves, saying that we are a training base for lawyers...
Han Chengli shook his head and said, "I didn't say that I wouldn't agree, but I didn't say that I agreed either. Anyway, it's just holding him there, letting us investigate casually and tell him after we find the evidence."
"Evidence? His client has already published articles that influence public opinion. Isn't that enough? The court is starting today, right? So let's give him a warning!"
What is reality? This is the reality. As an ordinary lawyer, you really have no ability to resist in front of the Lawyers Association. Otherwise, many lawyers would want to join the Lawyers Association as an official and a part-time official...
"As for the trainee lawyer, don't worry about him for now. He should be taking the exam soon. We'll talk about it then."
It's easier for trainee lawyers. Indeed, if the other party does not break the law, there is no way to directly cancel the membership, but you can pass the assessment.
There are many ways to do it. For example, if you come to the exam wearing short-sleeve shirts instead of a suit, okay, you fail the exam. Why? Because you are not dressed appropriately.
What? No legal provisions? Our Lawyers Association has our own review standards. Why don’t you accept them?
In the Second Civil Division of the Guangming District Court, Tang Fangjing sat down and breathed a sigh of relief. There were a lot of self-media at the door. It felt like all the self-media and Internet celebrities from Jingzhou had come to join in the fun.
This group of people will run wherever there is a hot spot, as if they don't know how annoying their behavior is, and who can get your shot?
Just now, Old Tang almost got into a fight with someone outside.
Neither the collegial bench nor the other party arrived. Old Tang was scrolling through the video in boredom, and then he suddenly saw a piece of praise from the Jingzhou Lawyers Association for lawyer Li Changming.
In the video, a vice president of the Jingzhou Lawyers Association said to the camera that Lawyer Li Changming is really an extremely serious and responsible lawyer...
Tang Fangjing felt like he was suffering from embarrassment. This was comparable to when a director said that Fanfan grew up abroad, so his eyes were particularly pure, as simple as a piece of white paper...
Looking at the comment section again, it turns out that many people are touting it, and I don’t know if they are hired trolls or what.
All I can say is awesome!
After waiting for a while, Li Changming came in. He had oily hair and a shiny suit and leather shoes. He looked like he was wearing some makeup!
Damn it, you are in court. If you don’t know better, I would think you are here to perform... But you are indeed a professional performer, so that’s okay.
Li Changming indeed regarded today's appearance in court as a performance. He wanted to show people his ability during the live broadcast, so he must show his professionalism.
Wearing suits and leather shoes is one of the signs of professionalism...
The clerk was confirming the identities of both parties, and was shocked when he saw Li Changming's appearance. There were many people showing off during the court session, but such showing off was rare.
The presiding judge came, and the presiding judge looked like there was a man in his forties named Pang Mengjun. At least his hair style was much better than that of Lao Zhou. He should be an old judge of Guangming District Court.
This kind of case is indeed very controversial and requires a strong judge.
"All the good people are here, let's start the court now!"
The trial is open to the public online, and the live broadcast signal has already been cut in. Many netizens have been waiting here for a long time.
"Is it finally going to start? The defendant is lawyer Li Changming, right? He looks very professional. The plaintiff is actually wearing short sleeves?"
"I also feel that this is not an opponent of the same level at all. It's a pity that the Lawyers Association said that Lawyer Li is a professional, but he met such a person..."
In such an atmosphere, in a law firm in Shanghai, a middle-aged lawyer with oily hair was also watching the live broadcast. He was the "lawyer Lao Zheng" who kept talking online.
He mainly hated Tang Fangjing, and he started to hate him when he was involved in the sky-high overtime pay case.
Like Lin Wuchang at that time, netizens on the Internet were saying that Tang Fangjing, an ordinary person, was more professional than a lawyer. Lao Zheng couldn't stand these words, and he also hated and despised Tang Fangjing.
Now he was shaking his head while watching the live broadcast. Why did he choose this case to jump out? It was not because he felt that Tang Fangjing could not win this case.
In this atmosphere, the court hearing has already begun to go through the process.
"Tang Fangjing, male, born in..."
"Song Tengfei, male, born...a lawyer at Tengda Law Firm."
It was a usual procedure. The presiding judge confirmed that both parties had no objections to the people appearing in court, and then began to introduce the members of the collegial panel.
This set of procedures has already made netizens who were exposed to court trials for the first time start to doze off. Court trials are actually very boring.
It was not until the presentation and cross-examination of evidence that the trial became a little more interesting.
"Evidence 1 is the special authorized agency contract signed by Shengda Law Firm and our client. The contract stipulates that the authority of the lawyer appointed by Shengda Law Firm is to recognize... and sign relevant documents on behalf of our client, proving that our client has transferred the entity The rights are entrusted to the other party..."
Li Changming quickly stood up and retorted: "There is no objection to the authenticity of the evidence, and the relevance is not recognized. Property preservation is not a necessary process for litigation, so we cannot prove our liability."
Tang Fangjing continued to present evidence: "Evidence two, Guangming District Court's delivery certificate on timely renewal of bail, proves that Shengda Law Firm received the court notice before the end of the preservation, but did not carry out the preservation in time, nor did it communicate with our client in a timely manner. "
Li Changming once again cross-examined: "There is no objection to the authenticity and relevance, but the evidence shows that Ju Haiqing also received the notice, and the initial property preservation was also done by Ju Haiqing, so we have no responsibility... "
"Evidence 3: The funds in the developer's account at the time of preservation were sufficient to pay our client's purchase price at that time..."
After Tang Fangjing finished presenting the evidence, Li Changming also started to present evidence.
For example, when Ju Haiqing signed the final copy, it meant that he gave up his rights and so on...
There was not much to argue about in terms of evidence, and soon the two sides reached court debate.
"Shengda Law Firm has entrusted lawyer Li Changming as its agent. As a professional lawyer, Li Changming should and must know the relevant legal provisions on property preservation!"
"The two parties agreed in the contract that Shengda Law Firm should protect the legitimate rights and interests of the parties. Taking a step back, although property preservation is not a mandatory litigation procedure, as a professional lawyer, Li Changming at least has the obligation to remind the parties , but he did nothing.”
This is Tang Fangjing's view. Lawyer, the reason why you charge for your services is because of your professional ability, not because you speak well.
The relevant provisions on property preservation are a reflection of the legal profession. Even if the entrustment contract does not stipulate the specific matters of preservation in detail, then at least you need to communicate with the party in a timely manner after receiving the notice to see if he is willing to continue. insurance, and inform you of the legal risks of renewal and non-renewal.
This is a lawyer's profession, and this is the profession in which lawyers can charge legal fees!
However, you did not renew the insurance and failed to communicate with the parties, resulting in the failure of the preservation.
But this part of the money is actually enough, which forms a complete causal relationship.
"But in this way, the rights and obligations are completely unequal. Ju Haiqing only paid 160,000 yuan in legal fees, but the rights he claimed exceeded 4 million. Is that right? I think so. If all of them can be If I execute it properly for him, he still has to give me another commission?"
Li Changming retorted there.
Tang Fangjing was stunned when he heard this. This guy Shi Lezhi, you are asking for rights and obligations when representing a lawyer, right?
He said directly: "The reasons claimed by the defendant are completely untenable. Whether it is the Lawyers Law or the Civil Code, it is clearly stipulated that the amount of agency fees is not necessarily related to the amount of compensation for losses."
"The reason why full compensation is required is because the frozen property in this part can completely cover the purchase price... If I understand it according to the defendant's words, can I also think that the lawyer should not collect money if he cannot win the case?"
Li Changming: "..."
He just said a lot about the Lawyers Law that stipulates that lawyers should not be responsible for winning or losing a case, but the other party pushed back.
There's no way to defend this. The other party is trying to kill you, so they'll ask you whether the lawyer is selling professional services!
Yes, then you have to admit that you have to do professional things well. If you fail to do so, you should take responsibility. Simple logic.
But it made Li Changming sweat, and he didn't know what to say.
It’s not that this logic is so rigorous and irrefutable, but that my current personality is that of a professional lawyer!
If he denies it, it means he is unprofessional. You, a lawyer, don’t know the time limit for property preservation?
But if you admit it, it means that you were negligent at the time, and your negligence led to adverse consequences, and you have to bear the responsibility.
Netizens on the Internet are not stupid. There does seem to be something wrong with Li Changming, and the key is that he has now begun to talk about Che Lunlu and has attacked the other party.
If you have a professional personality, then you should use your professionalism to fight back against the other person, instead of scolding the other person like a shrew.
Even in the end, Li Changming was completely unable to withstand the aggressive Tang Fangjing.
"Lawyer Li Changming, you have spoken again for the thirteenth time. Now please answer my question head-on. Do lawyers sell their eloquence or their professionalism?"
Li Changming was speechless, and finally the old man above seemed to wake up.
"Ahem, the court debate is over, let's begin the final statement."
Li Changming sat down with a blank expression on his face, as if he had been played by a hundred pomegranate sisters. He knew that he had completely failed in this trial, and he was pressed to the ground and rubbed by the other party.
In the live broadcast room of the court hearing, comments from netizens were rapidly filling the screen.
"Did Tang Fangjing do it on purpose or accidentally? He just grabbed the word professional and attacked me. I was so wet..."
"Is the one upstairs so scary? But I'm worried for Lawyer Li. No matter what you say, it's all wrong. Do all the smart lawyers block both sides?"
Similar remarks continue to appear, and Li Changming has basically become a laughing stock.
But Li Changming is still cheering himself up, what if the judge adopts his opinion, and even if he loses, it will be embarrassing at most. Anyway, there is insurance, and he will pay very little...
People always like to comfort themselves.
Of course, Li Changming didn't know that at this moment, several policemen were drinking tea outside the court.
"I said, how long should we wait?" someone asked.
"Don't worry, wait until the trial is over before going in. He won't be able to escape anyway."
After asking around, I found out that he was in court today and was still live broadcasting...
Finally, the trial elder Pang announced the adjournment of the court, and the people in the live broadcast room also planned to take a break. Normally, the live broadcast signal would be cut off at this time.
As a result, the live broadcast signal was disconnected and reconnected immediately!
Looking at the screen again, Lao Pang, who had just left, suddenly came back, followed by several police officers, and came straight to Li Changming.
"Li Changming, right? We are from the Criminal Police Team of Guangming Branch. You are currently under criminal detention by Guangming Branch on suspicion of false prosecution. Please sign it."
Immediately, the spectators at the court hearing and the netizens in the live broadcast room were all stunned.
