Chapter XVII: Eloquence, Cheekiness, and Legal Utopia
Lawyers, to put it bluntly, professional knowledge is only the foundation, and more importantly, eloquence and cheekiness.
A lawyer with good eloquence boasted about his professional ability, and then intentionally or unintentionally revealed that he had many connections and many ways in the public, procuratorate, and legal units, making you feel that it was simply intolerable not to hire him as a lawyer.
There are also some lawyers who like to talk big with empty teeth and white teeth, and promise to make their clients happy by promising not to pay money.
These lawyers, when they meet a rich master, they will be charged high lawyer fees; When encountering ordinary cases, I won't even glance at them.
What, this case will definitely be won, but only 10,000 yuan in legal fees.
Please, for a case, from the filing to the conclusion of the trial, the normal procedure takes half a year.
If mediation, appraisal, etc. are added, sometimes the trial may not be concluded in one year.
Of course, no lawyer would be stupid enough to finish one case and then take on the next one.
They may work on several cases at the same time, but any case requires time and effort, and there is no need to take on such a low-cost case.
Winning the case is not the most important thing, the important thing is that the lawyer's fees are sufficient.
Moreover, no matter how much the lawyer promises to the client, the final judgment of the case is not up to them, but only to the judge.
If the verdict is won, everyone will be happy. If the case is lost, the irresponsible lawyer will blame the case for a problem in the trial, the judge is corrupt, and the law is wrong, so as to reduce his own responsibility and divert the anger of the client.
In civil cases, there is a lot that a lawyer can talk about. But in criminal cases, it is different.
Most lawyers in criminal cases have very poor professionalism in court.
Normally, the opening of a criminal case begins with the prosecutor reading the indictment, followed by cross-examination of the suspect by the prosecution and defense, followed by court debate and final statements.
Many criminal defense lawyers neglect to exercise their rights during questioning and court debates, and instead make their old three-paragraph statements at the final presentation stage: first-time offenders, good attitude to admit guilt, positive compensation or family factors, etc.
And that's just one aspect. Some criminal defense lawyers will also collect a certain amount of funds for their activities on the grounds of fishing for people.
Some lawyers take advantage of their clients' ignorance of the law to charge tens of thousands of yuan or even hundreds of thousands of yuan on the pretext of finding a relationship to handle release on bail pending trial.
In fact, some criminal suspects have committed relatively minor crimes and fully meet the legal requirements for release on bail pending further investigation, but in order to make money, lawyers have no conscience and say that they want to find connections. This part of the lawyers belongs to the bold and thick-skinned type.
As a lawyer, Yu Le has always been reluctant to do these things. He believes that if the judiciary is unfair, everyone may face the dilemma of having their rights violated and justice not being served.
Building a moral line of defense and sticking to the bottom line of the law is Yule's idealized practice belief.
There are six lawyers in Siwei Law Firm, which is neither big nor small.
Walking into the law firm, Yu Le first said hello to the little girl at the front desk, and then reported to the office of Wang Zhang, the director of the law firm.
Wang Zhang is Yu Le's senior brother, who graduated six years earlier than Yu Le, and has worked hard in society for many years.
is different from Yu Le's "stubbornness", Wang Zhang is flexible and skillful, and his relationship with the court and the procuratorate is very good.
I remember that Yu Le had just joined Siwei Law Firm as a trainee lawyer, and Wang Zhang invited several lawyers in the firm to dinner, and because of the relationship between his brother and sister, he called Yu Le to accompany him.
Halfway through eating, Wang Zhang's mobile phone rang.
After answering the phone, he told Yu Le to greet him on his behalf, but he left in a hurry.
The next day, Yu Le asked him if there was an emergency at home.
Wang Zhang shook his head and said, "What can there be in a hurry at home." Judge Zhang of the District Court called me to pay the bill. ”
Yu Le was surprised and asked, "Is this okay?" ”
Wang Zhang sneered: "You, your brain is too rigid!" What kind of society is it now, where do you think the rule of law can be achieved by shouting a few slogans? Miss by a mile! ”
Yu Le was puzzled: "Isn't the judge afraid that you will sue him?" ”
Wang Zhang said angrily: "Sue? Why sue him? Regardless of whether this judge will arbitrarily rule for you, as long as he is in the court, you have certain conveniences.
If you inquire about the filing of the case, the progress and evidence of the case, and the outcome of the court's internal deliberations on the case, he will generally tell you.
For him, these are all work conveniences, and suing a lawyer does not constitute a violation of the law or crime, so it can be said that he provides lawyer convenience, and he gets benefits. These are all extrajudicial favors.
If you go and sue him, and don't mention the possible outcome of the judge's disposition, your own reputation will stink first. If you deal with the judge in the future, who will pay attention to you? ”
Yu Le was silent.
There is no extrajudicial immorality, especially in China, where this problem is even more prominent.
If you want judges and prosecutors to be moral role models, they don't eat the fireworks of the world, is that possible? Since it is human, there are human ** and weaknesses.
Later, Yu Le often followed Wang Zhang around to run around the case, and he was relieved to deal with judges and prosecutors a lot.
Both professions are glamorous on the surface and shabby on the inside.
For example, an ordinary judge in the civil trial court can hear nearly 300 cases a year, and if he does not have an administrative rank, his annual salary and benefits add up to less than 100,000 yuan.
As for lawyers, if it is a big economic case, the minimum guarantee is at least 100,000 yuan. If it is a criminal case, the case of less than 20,000 yuan will not be accepted unless it is an acquaintance who can't erase his face, or a lawyer who is poor in mixing.
Sometimes, when several lawyers talk together and talk about the number of cases handled by judges, it is enviable.
One lawyer joked, "If I have this many cases a year, I can sit back and enjoy it for five or six years." ”
Another lawyer laughed and said, "Give you the salary of a judge, are you still willing to do so many cases?" ”
The lawyer replied, "Unless I'm sick, whoever does that is stupid!" ”
The third lawyer shook his head and said, "So, most of the judges and prosecutors have changed jobs to become lawyers." In the future, the court and the procuratorate are expected to recruit people from law firms. ”
The fourth lawyer asked, "If you were to hire a lawyer to go to the forensic examination, would you be willing to go?" ”
The third lawyer smiled: "You can still try it for a period of three years." After all, after coming out, the resources and connections are different. ”
The other lawyers laughed.
Yes, according to the current salary level of civil servants, it is a joke to want lawyers to be judges and prosecutors for a lifetime.
The reason why they are willing to go is because of the network resources of the court and the procuratorate.
Plating gold for a few years, making more friends with officials with status in the legal inspection system, and working as a lawyer for a few more years than him, the effect is much better!