Chapter 56 Scrap Plan

Gao Shan Xing hurriedly stopped: "You are falsifying evidence." "Lawyers falsifying evidence, losing their licenses at the slightest level, and being sentenced to prison punishment are much more serious than perjury by ordinary people.

Cao Yun explained: "First of all, this is a photocopy, not evidence, and secondly, these certificates have no legal significance at all. Its role is only a bargaining chip for us. For example, if you want to get 5,000 yuan in compensation, you must open 100,000 yuan, and then try to start from 5,000 yuan to magnify the matter. If you're lucky, the judge will feel that you do have some truth, and you can't say anything if you don't pay compensation. But 100,000 is too much, and at this time, during the negotiation, the judge will show his attitude, thus affecting the attitude of the other party. ”

The focus is on negotiation, which means asking both parties to make concessions, and at the same time taking into account the interests of both parties, if not paying a penny, it is impossible for the plaintiff to negotiate. Therefore, once the defendant asks for negotiation, the plaintiff will be compensated on behalf of the plaintiff, whether it is more or less is another matter. There are also judges who are not very willing to hold multiple hearings for a case, and will be inclined to the plaintiff's recommendation to obtain compensation. Under certain circumstances, the defendant's lawyer is not willing to waste too much time, and will also persuade his client: the other party has a certain amount of bargaining chips, coupled with the judge's attitude, more compensation and less compensation will always be compensated, otherwise it cannot be called negotiation.

Cao Yundao: "This case requires a lot of materials to be prepared before appearing in court. ”

Gao Shan Xing was curious: "If you don't negotiate, what will happen if the lawsuit is fought to the end?"

Cao Yun thought for a while: "This judgment is very subjective, and it has a lot to do with the lawyer's performance in the courtroom, as well as the judge's surname and attitude. The legal provisions are clearly written in black and white, that is, when there is a plausible situation, a lawsuit will arise, and the importance of a lawyer lies in this, to magnify his own advantages, to hide his disadvantages. ”

Gao Shan Xing understood: "If we want 120 million, the other party will definitely fight." If we only need 10 million, they don't want to fight the lawsuit to the end, otherwise if we lose the lawsuit, Qingqing will become the legal successor and will have to share more of the cake. ”

"Hehe, that's right, the strategy I used in this lawsuit is called: leftover plan. ”

"What is a leftover plan? Gao Shan asked.

"I invented the word myself, there is a tailor who is making clothes, and somebody steals clothes, then the tailor must not do it. If the person says he just wants to get rid of the scraps, the person who makes the clothes thinks that instead of you stealing the clothes, he might as well take some leftovers and send you away. The premise is that you have the qualifications to take the offcuts, and now I have to get that qualification first. Cao Yun said: "Five minutes in front of the stage, ten years of work behind the stage, I have a lot of work to prepare to get this bit of leftovers...... It's strange that none of the three of them came to work today, and they didn't even run errands. ”

Gao Shan Xing said: "Yun Yin called and said that he had a cold, and Lu Yihang said that an American friend came to Dongtang, and he wanted to receive a friend and ask for a day off." Wei Jun sent me a WeChat message, saying that he drank too much last night and asked for a day off today. ”

"Hehe, regardless of them, it's important to make money. Cao Yun took out his mobile phone and dialed: "Hanzi, prepare to start work, see you in the café." ”

Cao Yun stood up and prepared to leave, Gao Shan Xing: "Cao Yun, can I delay you a little time, I need some advice." ”

"What's wrong?" Cao Yun asked, sitting back in his chair.

Gao Shan Xing said: "A few days ago, did our lawyer's original old client Mars Company sign a one-year long-term legal aid contract with us?"

Cao Yun said: "A year is really not a long year, it can be regarded as a trial." Any questions?"

Gao Shan Xing said: "I received a call from their president last night that the company had a troublesome matter and consulted me for legal advice. ”

Mars is a company that does East Asian trade. Two months ago, after receiving an order from Gaoyan City, Mars signed a contract worth three million with a factory in Milton, and a week after the arrival of the time, Mars had already contacted the ship and planned to ship goods directly from Milton to Tallstone City.

When more than a dozen cars drove to the factory to prepare to transport the goods, they did not expect the factory owner to say that he would increase the price. Because on the third day after signing the contract with Mars, several companies approached factories to place orders at a price 20% higher than that of Mars. In this case, the factory would rather pay 500,000 in liquidated damages, unless Mars adds another 500,000.

If Mars falls apart, there will be losses for both the factory and Mars. Mars's loss is huge, because he will not only have to bear the liquidated damages of the contract with the merchants in Gaoyan City, but also lose the big customer of Gaoyan City, and even smash his own signboard. In the face of the factory's extortion, Mars had no choice but to transfer 2.5 million to the factory, and 1 million had been paid when the order contract was signed, which means that Mars spent 3.5 million for this batch of goods.

The president of Mars contacted Gao Shan Xing last night to ask if he could recover or partially recover the extra 500,000. Gao Shan Xing told the president that there was no way, the other party was on the condition of breaking the contract, not extortion, and the idea that the president of Mars wanted to recover 500,000 was unrealistic. The president didn't say anything, and hung up the phone. Gao Shan Xing felt that the old client trusted him and supported him when the law firm had not improved much, but he couldn't help him, so he couldn't help him, and he couldn't go away.

Last night, Gao Shan Xing stayed up all night, looking through a large number of business contracts and contract law, but he couldn't find a breakthrough.

After listening to Gao Shanxing's explanation, Cao Yun nodded and said, "The existence of the contract breaking money represents the price of the contract breaking. If the other party wants to break the contract, as long as it is willing to pay liquidated damages, the contract will naturally be invalidated. ”

Gao Shan Xing sighed: "Sure enough, there is no way." ”

"There must be a solution, and it's simple. Cao Yun said: "You can write a complaint now, don't mention breaking the contract, the contract, etc., and don't communicate with the other party." The complaint reads: A week ago, the accountant of Mars Company was shaking and accidentally entered the wrong amount, and now he is demanding that the factory return the extra 500,000 yuan. ”

"Nani?" Gao Shan Xing looked at Cao Yun.

Cao Yun said: "This is called unjust enrichment, for example, you want to charge your phone bill, but you accidentally charge the money to my mobile phone, if I don't return it, it is called unjust enrichment." If you go to court, I will definitely lose...... By the way, you'd better say hello to the people on Mars and insist that the accountant made the wrong money. When I got to the court, the judge took a look at the contract, and it was written that there were 3 million written on the contract, and it was indeed an extra 500,000, and it was definitely decided to return 500,000. ”

"Can this be?" asked Gao Shan in surprise.

"That's probably what lawyers are all about. Cao Yun raised his hand to Gao Shan Xing, stood up, took his suit and left the studio.