Chapter 235: Accidents
Chen Zeyi was silent for a while, he also understood that his wish was an extravagant hope, and he and his brothers and sisters had already made trouble to the point of not getting along with each other.
"If you're acting as an agent, can you guarantee a 100 percent chance of winning?" he snapped.
Huang Yixi was startled, unconsciously stroked the teacup in her hand, her eyes looked directly at Chen Zeyi, "Director Chen, I'm sorry, I can't guarantee a 100% winning rate, Article 32 of the "Measures for the Administration of Lawyers' Practice (Adopted by the Ministry of Justice on May 28, 2008)": When a lawyer undertakes business, he shall inform the client of the legal risks that may arise in the handling of the entrusted matter, and shall not make improper promises to the client about the results of the handling by explicit or implicit means. Article 16 of the Code of Conduct for Lawyers' Practice (adopted by the All China Lawyers Association on March 20, 2004): A lawyer must not make a promise to a client about the outcome of a case. ”
"I know, you don't have to say these scenes." Chen Zeyi looked at Huang Yixi stubbornly, "I don't want you to write it into the agreement, but you give me a sentence in private, if I entrust you to represent me, can you ensure that you win the lawsuit?"
"Not really. ”
Huang Yixi smiled bitterly, "You also understand that China's adjudication system is a judge-led system, and it is not the lawyer who plays a leading role in the outcome of the case, but the judge. Lawyers can only participate in litigation under the command of judges, which is not a party doctrine, and lawyers are the agents of the client in civil and commercial cases, and do not have any additional litigation rights than the client because of their status as a lawyer. ”
The outcome of litigation is affected by many factors, such as evidence, judges' preferences, litigation strategies, lawyers' efforts, other parties' strengths, relationships, policies, and even black-box operations.
There are controllable factors, such as litigation strategies and lawyers' efforts, and uncontrollable factors, such as the opposing party's efforts and policies, as well as unknowable factors, such as relationships and possible black-box operations.
There may or may not be controllable factors, such as the acquisition of evidentiary materials, the judge's understanding and inclination of the case, and even the mentality and emotions of the presiding judge. Of all these factors, lawyers can only focus on the knowable.
"How is it impossible, I have consulted with several lawyers, and they all promise openly and secretly that they are sure to win the case. Chen Zeyi looked at Huang Yixi dissatisfied, "You are a lawyer, why don't you have any responsibility at all?"
This is not a question of whether to take responsibility or not, the concubine really can't do it, Huang Yixi's villain smiled bitterly, but she didn't want to criticize her peers in front of others, no matter how objective she was, she would feel denigrated in front of outsiders, she had always been silent.
Huang Yixi smiled, "Some peers are indeed outstanding, and a little lawyer like me can't reach them, no matter what, if someone is willing to give you a guarantee, congratulations." ”
After speaking, Huang Yixi put down the teacup, stood up and prepared to go out.
"I didn't want to ask them to represent me, I think you're good. ”
"Thank you!" Huang Yixi didn't feel flattered, "Thank you for your appreciation, it's just that I think you should hire a lawyer in your home city, and you shouldn't be far away." ”
As long as the arbitration of this case cannot be negotiated, it can only be sued in Songjiang Prefecture, and there are many talented lawyers in big cities, so it is not cost-effective to invite a small lawyer like Huang Yixi in terms of ability or economic cost, after all, the lawyer's travel expenses have to be borne by the client.
Chen Zeyi could see that Huang Yixi didn't want to get caught and indulge, but really didn't want to take on this case, he raised his eyebrows, "Is it a conscientious suggestion?"
Huang Yixi smiled, "Today is not a good deed." ”
Although there was no commission, Chen Zeyi still politely sent Huang Yixi to the gate, the doorman looked at it with a much more respectful attitude, Huang Yixi estimated that if he came again in the near future, if he was still on duty as a security guard, he should not need to register again.
It's just that it shouldn't come again in the near future, or it won't come again in this life.
When Huang Yixi went home, he thought that Shang Luoyu had already left, but he didn't expect that he was chopping meat stuffing with an apron.
"Where's my mother?" Huang Yixi looked around and didn't see Lin Shufang.
"There was a sister-in-law in the first few buildings who came over and said that she wanted to go to Partridge Village with her to buy seafood, and I said I wanted to send her there, and the sister-in-law said no, she had a car. ”
Shang Luoyu waved the knife in his hand, and he didn't put it down when he saw Huang Yixi, which was quite a virtuous man.
Since I had a relationship with Qiu Qianyan, the neighbors feel that it is cheap and fresh to buy seafood in their village, and they will go to Lin Shufang when they need a large amount.
"Yes, sister-in-law Li, she came over last night and said that she was going back to her hometown tomorrow to visit relatives, and she wanted to buy some seafood to bring back to her parents' house, but I forgot. ”
She said, well, it hasn't been cleaned yet, how could Lin Shufang start preparing for the New Year's goods.
"Why haven't you left yet?" Huang Yixi looked at Shang Luoyu.
"I haven't had anything to do lately, and I told my aunt that the meat filling of the dumplings is better than the meat grinder, and my aunt said yes. ”
Shang Luoyu dangled the knife triumphantly, as if he was doing something terrible.
He has a good reputation, there are more non-litigation cases than litigation cases, and at the end of the year, the company's factories have been shut down, and he has nothing to do, reporting here almost every day.
"Then you're miserable, and you'll have to make chicken rolls, handmade fish balls and meatballs next, be careful that you develop the unicorn arm. Huang Yixi smiled unkindly.
"It's okay, I've stopped working. "Shang Luoyu can't wait to be here 24 hours a day.
"Li Hongxia didn't come back a long time ago, why did you only arrive now?"
Huang Yixi told Chen Zeyi's situation, and said that he refused to act as an agent, and Shang Luoyu agreed very much.
"It's okay not to take it, don't mention it so far, this case is not as simple as imagined, first of all, the determination of the cause of action, the cause of action of this case is a dispute over the confirmation of rights, or the transfer of ownership, different judges have different views, some judges said that the right should be confirmed and transferred together, just mentioning the transfer is not enough, it is really a judge set of theories. ”
Shang Luoyu remembered the cases he had handled, judges in different courts had different views, and judges in the same court also had different views.
Huang Yixi nodded yes, she put down her bag, washed her hands and changed into a set of home clothes before coming over, the vegetables in the vegetable basket looked like Shang Luoyu picked them, the old ones were thick and yellow, she rolled up her sleeves and began to choose vegetables.
"I have also encountered such a situation in several loan disputes, when the other party does not repay the loan within the repayment period agreed in the contract and the loan is not due, some judges require a judgment to expire early, while some judges ask to terminate the loan contract. ”
If it is a court that has sued, you can write a civil complaint according to the convention, but if you have not sued a judge who has sued such a case, you will be asked to change the complaint.