Chapter 317: Learning (I)

Cao Yun said: "I think I'll stop here today." I will report your complaint to the Committee and someone will contact you about the outcome of your complaint. ”

Yimei: "Then ...... tomorrow"

"Tomorrow?" Cao Yun didn't understand.

"You said that's all for today, grammatically, tomorrow?"

Cao Yun said: "It's over, the complaint is over." ”

Yimei: "Huh?

Cao Yun nodded: "Yes." ”

Yimei looked at Cao Yun for a few seconds, raised her voice and asked, "Are you shielding Situ Yan?"

Cao Yun said: "The conscience of heaven and earth is absolutely none. ”

Yimei: "You must know Situ Yan?"

, this problem can't be denied, otherwise Yimei will get into trouble with the committee, and she will be in trouble. Cao Yun nodded: "Yes." ”

Yimei: "Is the relationship good?"

Cao Yun had a toothache: "It's not bad." ”

Yimei: "Your name is Cao Yun?"

Cao Yun nodded: "Yes." ”

Yimei: "I'm going to complain about you." ”

Cao Yun couldn't cry or laugh: "What are you complaining about me?"

Yimei: "You didn't explain your personal relationship with Situ Yan......"

I go! Looks like there's something wrong with it. Could it be that this girl is so wise and stupid?

Yimei: "You're shielding Situ Yan." ”

Cao Yun said: "Little girl, so be it." I'll go with you to meet the boss of the Crazy Comics Club, and goodbye to Shimei and Yihe. With a bit of luck, it was settled in the afternoon. ”

Yimei: "Bad luck?"

"Bad luck...... How can I answer when you ask such a question?" Cao Yun said: "If you are unlucky, you will consider yourself unlucky." ”

Yimei: "Are you unlucky, or am I unlucky?"

Cao Yun: "Your sister is unlucky. ”

Yimei: "Then I'll complain to you." ”

Cao Yun was speechless: "It's useless to complain about me, it's useless for you to complain about Situ Yan." Situ Yan did not take your money, there is no legal relationship between the two parties, Situ Yan only provided legal advice. And it is impossible for him to fully understand the case, he is making a judgment based on what he knows, that is, what you say. ”

Yimei asked rhetorically: "In that case, why do you still want to help me?"

Cao Yun was actually asked, and only replied after a long time: "Because I am a good person." ”

Yimei: "Since you are a good person, you have to do good things to the end...... Isn't it?"

Cao Yun said impatiently: "Then you should complain." Excuse me, pay the bill. ”

Yimei: "I can see that you are not afraid of complaints." ”

Cao Yun nodded: "That's right." ”

Yimei: "You're not a good person. ”

"......" Cao Yun looked at Yimei, Yimei was not afraid to look at Cao Yun, Cao Yun said: "Can I run in the afternoon?" If I'm lucky, I'm a good person, okay?"

Yimei: "Good guys and bad guys are determined by luck?"

Cao Yun: "Is this a rhetorical question or an interrogative sentence?"

Yimei: "I don't know. ”

Cao Yun didn't want to say anything more, so he gave the money to the waiter: "No need to look for it...... Let's go. ”

"Where are you going?"

"Crazy Comics Club. ”

"Why did you go to the comic club?"

"It's cumbersome to explain. ”

"I'm not afraid of trouble. ”

"I'm afraid of trouble. Cao Yun raised his voice: "Do you want to go?"

Yimei asked, "Are you indebted to help me, or am I begging you to do something?"

Cao Yun: "Rhetorical question or question?"

Yimei: "No, I don't know what attitude to have. ”

Cao Yun looked at Yimei's eyes and said: "My name is Cao Yun, and I start with a million cases, and I don't even look at cases below one million." Do you think it's a debt, or are you begging me to do something?"

Yimei: "I don't have any money for you, so you are willing to help me because you owe it?"

Cao Yun closed his eyes and took two deep breaths, and after opening his eyes, he said in a calm tone: "You'd better make me happy, otherwise you can only complain." If I'm happy, your sister can be happy. ”

Yimei: "What if you're happy and unlucky?"

Cao Yun finally got angry: "Lao Tzu is now obliged to help you, please don't chirp crookedly." OK?”

Yimei was shocked and nodded.

"Let's go. Cao Yun called: "Let Sima Luo type a general power of attorney, send it to the Crazy Comics Club, and wait for me at the door of the Comics Club." Very urgent, fast. "A generic power of attorney is a very convenient and simple contract letter. XXX entrusts XXX to be responsible for handling legal affairs related to XXXX. There is no money involved in this contract, it is more like a power of attorney. A lawyer can only investigate and prosecute on behalf of the employer if he or she is authorized to do so.

......

Is the outcome of a lawsuit really directly related to the lawyer?

The problem may seem obvious, but it's not. First of all, it is necessary to clarify the criteria for a lawyer. Assuming that they are all conscientious and well-versed lawyers, there is not much difference between lawyers. In fact, it is not because lawyers affect the outcome of the lawsuit, but because the quality of the lawyer team is uneven.

In this case, what Situ Yan said is not wrong at all, if Fan Mei wants to fight a lawsuit with Shi Mei, she will definitely lose. Assuming that Fan Mei is the plaintiff, Fan Mei must provide evidence, but the problem is that Fan Mei has no witnesses in her hands, and there is no physical evidence. Fan Mei is the defendant, and Shi Mei has the contract as evidence, and Fan Mei cannot refute this evidence. In short, Fan Mei cannot provide evidence, so the lawsuit will definitely lose.

But things are done by people, and what Cao Yun wants to do is to go around in circles a little, which is the reason why Cao Yun led Yimei to the Crazy Comics Club.

"How long have you waited?" Cao Yun took the power of attorney at the door of the comic club and glanced at it.

Sima Luo: "Serve Lawyer Cao." "Slap on the back.

"Let's go. Cao Yun entered the comic club and said to the reception staff: "I am Cao Yun, a lawyer from Gaoshan Law Firm, and I need to see your boss." ”

"Wait a minute. ”

Cao Yun said: "Tell your boss, I only need ten minutes...... By the way, I forgot to introduce it, his name is Sima Luo, and he is the prosecutor of the Eastern Tang Dynasty. ”

it!!

The receptionist looked at the two of them, went to the side to call, hung up the phone and came over: "Please come here." ”

The office of the owner of the comic club is on the second floor, and a large number of printed and hand-drawn manuscripts are piled up in the office, and paper materials are indispensable even in the information age.

The boss was in his forties, thanked him, shook hands with Cao Yun, and gave up his seat. During the briefing, the receptionist brought a few glasses of white water and closed the door and left.

Cao Yun said: "Now I need your help, boss." ”

The boss asked, "How can I help?"

Cao Yun put the power of attorney in front of the boss: "You can entrust me to handle the legal affairs related to Miss Fan Mei." ”

The boss is still more vigilant: "What are you going to do with this power of attorney?"

Cao Yun replied: "Boss, you should know that Fan Mei did not plagiarize, and the truth is that Yihe handed over Fan Mei's manuscript to Shi Mei." This is also a huge loss and a big hassle for your company. ”

The boss said: "I consulted our company's perennial legal counsel on this matter, and he told me that the best way is to settle and have Fan Mei pay a part of the money. Our company does not intend to hold Fan Mei responsible, and we do not plan to claim back the remuneration we have already given to Fan Mei. ”

Cao Yundao: "The so-called perennial legal counsel is a lawyer who pays thousands of yuan every year and consults when he encounters legal problems. Boss, do you think it will cost you to fight a lawsuit?"

The boss asked rhetorically, "You mean my legal counsel cheated on me?"

Cao Yun said: "No, I don't think the annual fee of one or two thousand yuan is worth the trouble of your lawyer." In addition, the benefits of this case are very small, and there are many troubles, and I don't think any lawyer is willing to take this case except for me, a good lawyer. Have you estimated the losses so far?"

The boss said: "Fan Mei's new comics are still relatively popular, but I'll be honest with you, piracy is rampant in the comic industry, and there are too many comic clubs." Fan Mei is serialized on the Internet, and the readers who pay are always in the minority. In addition, our company is not a large company, and the traffic itself is insufficient. According to my estimates, the first phase will take about two months, and after deducting Fanmei's remuneration, the comic company can earn 50,000 to 80,000 yuan after tax. "The money is too small to be worth the lawsuit.

Cao Yun said: "If you sign now, you can still make money." ”

Boss: "You can tell me what you're going to do with this power of attorney." ”

Cao Yun shook his head: "I'm sorry boss, I'm going to say it now, I'm afraid my chances of winning are not high." ”

The boss leaned back on the sofa with some dissatisfaction, as if he remembered something: "Your name is Cao Yun?

Cao Yun said modestly: "Yes." ”

"Wow, sorry. The boss hurriedly stood up and called the receptionist to deliver tea, and then shook hands with Cao Yun again, and his attitude changed very enthusiastically: "I'm sorry, I really didn't expect Lawyer Cao to run such a small case." ”

Cao Yun smiled bitterly: "No way, Fan Mei is my girlfriend's sister." ”

Yimei looked at Cao Yun. Cao Yun thought to herself: Look at your sister! Then how do you want me to explain?

......

The boss happily signed the power of attorney and put the three of them in the car.

As soon as she got in the car, Yimei couldn't help but ask, "Why do you say I'm your girlfriend?"

Cao Yun looked at the power of attorney and replied, "It's convenient." ”

"You want to take advantage of me?"

Cao Yun: "Yes." ”

Faced with Cao Yun's direct answer, Yimei didn't know what to say, and was stunned for a long time.

Sima Luo: "Where are you going?"

Cao Yun: "When we go to the substation, we have to report the case." ”

......

The police report receptionist shook hands with Cao Yun and them, invited them to sit down, and asked them what they wanted to report. Assuming that the information reported is vague, he will collect and summarize the information and hand it over to the relevant person in charge of the police station, who will contact Cao Yun to determine whether to conduct an investigation. If the information is obvious, the person in charge will be notified immediately.

But is the message obvious or vague this time? The receptionist is not easy to judge.

Cao Yundao: "This is the case, the Crazy Comics Club suspects that the former employee Yihe is suspected of stealing the company's trade secrets, that is, Miss Fanmei's comic manuscripts, as the entrusted lawyer of the Comic Society, I implore the branch to file a case for investigation." ”

The receptionist asked, "Is there any substantial evidence?" that would illustrate some of the problems. ”

Cao Yundao: "I originally planned to collect comments from Fan Mei's fans, and Fan Mei discussed a small part of the manuscript with some fans. Although the content is too small to be used as evidence, I believe that it is enough for the police to intervene in the investigation. ”

The receptionist said, "I'm sorry, can you please collect evidence in this regard first?"

Cao Yundao: "The police should have more time and experience to collect relevant evidence. ”

The receptionist replied, "Lawyer Cao, I know that you are a very famous lawyer. But according to the police regulations, you have to come up with something before we can decide whether to file a case. ”

Cao Yun asked: "Is it possible for people to witness? There are ready-made ones." ”

Yimei immediately sat down, coughed, cleared her throat, organized her language, and prepared to appear.

The receptionist nodded: "If it is convincing, of course it can." ”

Cao Yun pointed out: "His name is Sima Luo, is it convincing?"

The receptionist looked at Sima Luo, who was drooping his head on the side, and was surprised: "Prosecutor Sima Luo?"

"Hey, look up. ”

Sima Luo raised his head and smiled: "I'm ...... now"

Cao Yun interrupted directly: "Is it okay?"

The receptionist nodded: "Of course, I will immediately transfer the case to the white-collar crime investigation bureau of the third search section." ”

Cao Yun stood up and shook hands with the receptionist: "Thank you, thank you." ”

......

Sima Luo drove the car gloomily, Cao Yun was looking at his mobile phone in the passenger seat, and Yimei had a stomach full of questions, but Cao Yun was used to her rhythm, and any question was answered with oh?

Sima Luo: "It turns out that the feeling of being sold is like this. ”

Cao Yun: "Happy?"

Sima Luo was furious: "You are happy, your whole family is happy." ”

Cao Yun: "At least you have the qualifications to be sold." The one in the back seat is not even qualified to speak. ”

Yimei: "You said me?"

Cao Yun: "Huh?"

Sima Luo: "Cao Yun, it's illegal for you to do this. ”

Cao Yun said: "I didn't violate the rules, you have." Rest assured, this case is a small case, and I do plan to collect information through fans of Fan Mei, believe me, I will definitely be able to file a case. Since you're here, I'll skip this link. Besides, are you just sulking all the time and not learning something?"

Sima Luo asked rhetorically, "What can I learn?"

Cao Yun said: "Make the best use of things." There is a common problem in the prosecutor's allegations. You have too much evidence, and you have a lot of evidence, and that's why you're making accusations. But because of this, you can't find the point, and you can only passively wait for the defense lawyer to attack. Just like in the game, you open the bell jar and the defense lawyer comes to beat you, either the defense lawyer is exhausted to death, or your bell jar is broken. Why didn't you think about attacking?"

Sima Luo asked, "How to attack?"

Cao Yun said: "The first strategy of the Cao family's art of war is to make the best use of it: sit on the ground and start the price." Snatching and robbery. If the suspect is charged with robbery, you can try to increase his crime level by asking questions and turn robbery into robbery. At this time, the opponent will fight you in this new battlefield. Your purpose is only to convict the suspect of robbery. The suspect claimed that the handbag was picked up on the ground, and the defense lawyer explained that it was likely that the robber snatched the handbag and left it at a certain location and was inadvertently picked up by the defendant. ”

Cao Yun said: "Did the defendant pick it up? We must first clarify whether it is a crime of robbery or a crime. The defense lawyer will say that the charge is robbery. You can say that I was so happy today that I decided to escalate to robbery......"

Sima Luo: "That's why you say that." "What the hell?

"No sense of humor. You say that after reviewing the information in the morning, you think it is more appropriate to bring the crime of robbery because the victim is frightened. Mental shock and physical injury are both injuries to the person himself. ”

Here again the question of law arises, does the prosecutor or prosecutor have the right to change the charges in court? However, the judge has the power to change the charges and will ask for a change in the charges when the judge has read enough information to find the charges made by the prosecution inappropriate.

In the real case, a village committee took the village money and was sued by the prosecutor on charges of corruption. During the trial, the judge held that the village committee did not meet the main body of the crime of embezzlement, and should not be charged with the crime of embezzlement, but should be charged with the crime of embezzlement.