"Lawyer Cao. Haruko came out, didn't see Sonny, greeted him, walked two more steps and saw Sonny, and immediately said, "I'm sorry Lawyer Cao, I didn't know you were meeting guests." ”

"It's okay, the guest is leaving, let's go, let's go. ”

"It's close to dinner. Sonny reminded that although he didn't plan to eat, Cao Yun's attitude made him unhappy.

Cao Yun asked, "You want a treat?"

"When I didn't say it. Sonny reluctantly stood up and walked towards the living room, said hello to Haruko, walked out of the living room, and drove away. For him, today's task is accomplished.

"What's the matter?"

Haruko was a little embarrassed, and finally said: "Lawyer Lu has not come to work in the past two days, I contacted him, and he said that he was studying the case, and I was a little worried about him." "Haruko likes Lu Yihang, but the flowing water is ruthless.

Cao Yun said: "The vice president's house case has been settled, right? ”

"Thank you, Mr. Cao. ”

Cao Yun smiled and asked, "Why thank me? We should all care about our colleagues." ”

Haruko didn't answer, laughed and ran away.

Love is wonderful.

......

The reason why Lu Yihang was in the hotel apartment was that he encountered a very difficult case, which was a small case, but the attention was not low. The reason for the attention is a collision of social morality and law.

Zhao lives in a community on the outskirts of the city, has a car, and has purchased a parking space 404. One morning, Zhao, Zhao's wife and two children went downstairs, and according to the normal trajectory of life, Zhao sent his two children to school, sent his wife to work, and went to work in the company by himself. When I arrived at the parking space, I saw a black car parked in front of parking space 404, blocking his road.

Zhao hurriedly dialed the phone left by the black car, but no one answered the phone. Ten minutes later, Zhao had no choice but to call the police, and the police transferred the phone to the traffic police, who contacted the owner of the car through the license plate registration number, and the traffic police contacted Zhao and said that the other party would move the car immediately. Forty minutes passed, and no one came to move the car. During this period, Zhao contacted the property, and the property said that it would help him find a way.

Forty minutes later, with the help of the property phone, the owner of the 403 parking space moved his car, and Zhao drove the car out, because his wife and children must be late, and he was not angry for a while, Zhao wrote three words on the black car with the key: good parking.

About two hours later, the owner of the black car, a woman in her forties, called the police. The community surveillance did not capture the picture of Zhao scratching the hood. At this time, Ms. Wang's daughter, the owner of the car, contacted Ms. Wang, and Ms. Wang contacted the traffic police and learned that someone called the police to let her move the car.

The police contacted Zhao, and Zhao went to the police station and admitted that he had drawn the hood. The police assessed the damage at 5,000 yuan, and Ms. Wang asked for a total of 12,000 yuan for the whole vehicle. Zhao was not angry, and Ms. Wang's attitude was very bad and arrogant, so she quarreled with Ms. Wang. At Ms. Wang's request, the police could only file a case, and Zhao was prosecuted for intentionally destroying public and private property. Since it is more than five thousand dollars, charges can be filed. After the prosecution did Zhao's ideological work, Zhao compensated Ms. Wang for 12,000 yuan in repair costs.

After Zhao was released, he posted his experience on the Internet, attracting the support of a large number of netizens. With the support and encouragement of netizens, Zhao found Lu Yihang. Zhao's friend was once accused of jumping the case because of the immortals, and was overturned by Lu Yihang, and was finally acquitted.

Cao Yun is a partner of a law firm, quite a senior lawyer, and the law firm's commission is low, with a starting commission of 100,000 yuan. Lu Yihang is a lawyer and has no requirements for the amount of entrustment. However, Zhao received everyone's support in the automobile forum, and the public paid 60,000 yuan in legal fees, and the netizens of the automobile forum paid great attention to this case.

According to official data, some urban alarm platforms have moved cars for more than 2,000 people a day, or even reached 4,000, which is already a relatively common social problem. The police usually contact the owner of the car by phone and ask him to move the car.

According to legal principles, parking space 404 belongs to Zhao, and if it is encroached upon, the police will inevitably accept it. Ms. Wang's car was parked outside parking space 404 and did not belong to Zhao's private property. If a scratch occurs, the traffic police can and will intervene. If it is just blocked, the police have no way to enforce it, and calling the police to call a tow truck is an idea that some people think is feasible. According to the law (Gao Yan), the traffic police have no jurisdiction over the roads and traffic order of the community. It is under the jurisdiction of the community property and street office.

From a legal point of view, Zhao must be illegal to row a car, there is no doubt about this, and the other party's losses must be compensated. Now the problem is that the police gave a loss appraisal of 5,000 yuan, and Ms. Wang believes that the whole vehicle needs to be painted, and the 4S quotation is 12,000. Since the loss was more than $5,000, Ms. Wang did not agree to the compensation of $5,000, so she reported the case and the case would be turned into a criminal case. Zhao was forced to agree to 12,000 compensation.

After Zhao asked Lu Yihang to explain the situation, he also explained his requirements. The first basic requirement: to return 7,000 yuan. This basic requirement is $10,000. The second basic requirement is to return 12,000 yuan, and this basic requirement is 50,000 yuan. The third basic requirement, Ms. Wang's apology, is that the basic requirement is 10,000 yuan.

In the best case, Ms. Wang apologized and got 12,000 back, so that Lu Yihang could get 60,000 yuan in legal fees.

Lu Yihang looked forward to seeing Cao Yun after explaining, he knew Cao Yun, so he explained the whole thing in detail, and it took twenty minutes. Cao Yun didn't answer immediately, stood up and walked to the desk. Seven or eight law books, the whiteboard on the table was full of words, and Cao Yun picked up one of them: Emergency Avoidance Law. Lu Yihang was cornered.

Cao Yun covered the book and sat on a chair to look at Lu Yihang: "The whole thing is very clear, the facts are clear, the police, Zhao, and Ms. Wang have no doubts?"

Lu Yihang nodded: "Except that the loss appraisal issued by the police does not match Ms. Wang's requirements." ”

Cao Yun said: "I can turn over this case, but you can't...... It's not because of the ability, it's a bit of a technical problem. ”

"I don't understand. ”

Cao Yun said: "Yihang, I have been paying attention to you, the lawyer route you take is relatively righteous and upright. What is this, for example?"

Cao Yun took out a lighter.

Lu Yihang was puzzled, but still replied: "Lighter." ”

Cao Yun asked, "Or what?"

Lu Yihang was stunned: "It's still ...... Plastic?"

Cao Yun said: "In my understanding, it is not only a lighter, but also an explosive and dangerous goods. At the same time, it is a toxic substance, and the butane contained in it is harmful to the human body. Is it a lighter, or an explosive, or a poison? It's not what it is, it's what you want to do. We are lawyers, and if a lawyer can only state the facts, he is a lawyer of integrity. But definitely not the lawyer that the market needs. ”

Cao Yun: "Miss Gao is good at reviewing business contracts, and she has the capital to be an honest lawyer, because the contracts are very clear in black and white. Back to the case, suppose Zhao's son suddenly vomited blood, and Zhao considered that it would take time to call an ambulance, so Zhao hugged his son and prepared to drive to the hospital by himself, which could save a lot of time. At this time, Zhao's car was blocked, and Zhao reluctantly called an ambulance, because of the delay in time, which led to the death of his son. In order to vent his anger, he engraved words on the hood of Ms. Wang's car, what will be the result?"

Lu Yihang replied carefully after a long time: "It seems that you still have to lose money." ”

"Yes, what is the cause? There are many possibilities for the death of my son. Unless it can be confirmed that Ms. Wang's car was parked at will, which directly led to the death of Zhao's son, Ms. Wang will be held responsible. Cao Yun said: "This is the first defense method in this case, backbiting." Normally, you can't bite unless you can argue a lighter as explosive. ”

"For example?"

Cao Yundao: "For example, Zhao's wife was dismissed by the company on the grounds that she was late many times. This can ask the company's personnel department to testify in court to prove that Zhao's wife was dismissed many times sooner or later, including that morning. Because Ms. Wang's car blocked the way of Zhao's car, which directly led to the dismissal of Zhao's wife, this loss can be calculated. ”

Cao Yun said: "This method is not to lose 12,000 compensation, but to ask Ms. Wang to compensate Zhao for her fault." First of all, it is necessary to establish one point, is Ms. Wang at fault? Yes, there must be, the first point is that the property has a clear rule that the car must be parked in the parking space, and Ms. Wang's behavior can be held accountable through the property. The second point is civil dialectic, in civil litigation, the dialectic of subjective right and wrong does not need complete evidence, which is also called the rule of analogy. For example, if you put a bag of wood chips and other garbage in a public aisle, and there is a fire, and your neighbor's house is on fire, the garbage you put in the public aisle will be legally recognized as having a combustible effect, and you are responsible for the fire loss of your neighbor. Ms. Wang's car blocked Zhao's car and caused Zhao's wife to be dismissed, which can be proved by analogy to prove that Ms. Wang was responsible for Zhao's wife's dismissal. ”

Cao Yun said: "But this is not the case, to win the lawsuit through this means, you need to falsify evidence." There are many types of falsified evidence, and I absolutely do not approve of lawyers directly falsifying evidence. But perjury can be obtained by implication. After Zhao's wife understood what she meant, she created perjury, and the lawyer believed her, but it was exposed, and the lawyer was not responsible for the lawyer. Civil perjury will not have much impact on Zhao's wife. It's a strategy with a small cost, big return. I'll use it, I'm sure you won't. ”

Lu Yihang nodded helplessly: "I remember Lawyer Cao, you once said, don't deny the facts." ”

Cao Yun said: "Don't deny the facts means that some technical processing can be carried out on the basis of admitting the facts. ”

Lu Yihang thought for a while and asked, "Lawyer Cao, is there a second way?"

Cao Yun said: "The second method is to gamble, Zhao can retract the confession and not admit that he rowed Ms. Wang's car." The most fatal thing in this case is that Zhao himself admitted it, but the police obviously also had some negligence. Zhao admitted to scratching the hood of the car, but did not say what he had scratched. As long as this testimony is knocked out, there is basically no problem. It's not impossible, but it's too hard to knock down this testimony. Judging by Ms. Wang's car, her lawyer will not be bad, and there is not much chance. ”

"Can't you win?"

Cao Yun said: "With the risk entrustment signed by you and Zhao, I can't think of a way." However, I have an idea that has nothing to do with the three basic points of risk ordering. ”

"For example?"

"Sue Ms. Wang for blackmail. Cao Yun said: "The disadvantage of Zhao in this case is that the loss appraisal started by the police reached 5,000 yuan, and he is at risk of being charged." This is Zhao's advantage again, and Ms. Wang blackmailed Zhao through this. Not only that, but now we have a huge advantage. The police issued a loss of 5,000 yuan, and Ms. Wang requested full spray painting, but she did not apply for an administrative review, which means that the loss admitted by the police so far is only 5,000. Ms. Wang's offer of 12,000 may be justified, but there is no evidence. In this case, we have a great chance of winning by calling the police and asking for a case, but it has nothing to do with money. ”

Extortion is a private criminal case, and the people do not sue it, and the officials do not stand up. The biggest difference with civil cases is that civil cases require money, and criminal cases require jail time. Because it is a private prosecution, the plaintiff can withdraw the complaint.

So did Ms. Wang's behavior constitute extortion in this case?

From Cao Yun's point of view, the chances of winning the extortion are very large. At the same time, it also requires the lawyer's role in the court debate. In essence, Ms. Wang knew the principle of imprisonment for 5,000 losses, so she ignored the police assessment of losses and offered a price of 12,000. Subjectively, it is in line with the price of the whole car painting, but the objective evidence does not support it. In other words, in the legal provisions, there is no provision for compensation for vehicle painting after scratches.

In the absence of legal provisions, Ms. Wang proposed 12,000 compensation, and finally got 12,000 because Ms. Wang requested to file a case against Zhao. Zhao agreed to 12,000 in compensation when he was likely to go to prison.

Cao Yundao: "The point is that blackmail is a subjective intention, does Ms. Wang have a similar statement: I don't care, I want 12,000, the whole car is painted, and she will be imprisoned if she doesn't pay money." If she said so, she would be dead. If Ms. Wang keeps arguing with the police about the difference between 12,000 and 5,000, and finally the police or the prosecution communicates with Zhao, and Zhao compromises, this is not blackmail. ”

Cao Yun said: "If it is the former, you continue to be a sunshine lawyer." If it is the latter? Will you imply that Zhao will testify against Ms. Wang? Zhao's testimony will be used as reference evidence, and the court will probably take into account Zhao's situation at that time. You asked the police officer who handled the case to appear in court to explain that Ms. Wang did not accept the police's identification. In this case, the court is likely to mediate between the two parties, and the loss of our defeat is almost none, and the loss of Ms. Wang is likely to go to jail. Ms. Wang's car is a good car, do you think Ms. Wang will risk going to jail and fight the lawsuit with you to the end?"

Cao Yun said: "Yihang, you don't care if Ms. Wang said something similar, and there are police officers to testify." I'll ask you now, if the latter is the case, will you hint at Zhao?" At the coordination meeting, the police could only testify what the other party said, and it was difficult to testify that the other party did not say anything. Zhao insisted that Ms. Wang said it, and the police couldn't completely deny that Ms. Wang must not have said it. The police could only testify that they did not remember what Ms. Wang said.