Chapter 36: Talisman Fu
Xu Xiaxi sorted out his thoughts and gave his own plan: "I have turned over some cases of our law firm before, if you want to allow the divorce in the first lawsuit for divorce, the other party needs to be at major fault. For example, having a gambling habit or something.
In this case, the man's cheating is also a good evidence to prove that the relationship between the two parties has broken down. So our first step is to collect evidence to prove that the man has cheated. ”
"First step?" Fu Lichen played with Xu Xiaxi's words, and then asked: "If you really collect evidence of Pan Lihua's cheating, what are you going to do next?" ”
Xu Xiaxi replied seriously: "Naturally, I took the evidence to the court to sue for divorce, although the litigation time is relatively long, but I also turned over the case file, if the facts of the case are clear and simple, the summary procedure can be applied to try the case." In the case of a summary procedure in the first instance, the statutory time limit for trial is three months, which will greatly improve efficiency.
In addition, if Wenwen has made it clear that she can give up the house and other joint property of the husband and wife, then there are no matters such as appraisal and appraisal that can extend the time limit for the trial of the first instance.
In this way, even if the man really appeals, he is expected to get the final judgment at the beginning of next year or even the end of this year. ”
In order to emphasize the feasibility of his plan, Xu Xiaxi cited five divorce litigation cases that got effective judgments in about half a year.
After listening to this, Fu Lichen couldn't help but raise his eyebrows, and secretly said that although the method given by this girl is decent, it may not be amazing, but whether it is a procedural or substantive problem, it can indeed solve Li Wenwen's problem.
In particular, the last few cases are also relatively successful divorce cases handled by Wanzong Law Firm, which are similar to Li Wenwen's cases and have great reference value.
However, Fu Lichen still decided to nitpick, "Our country is not a case law country, which means that no matter how similar the case you find is to Li Wenwen's case, it cannot be used as the basis for the court's decision." In other words, these cases are not really useful. ”
Even in some extreme cases, it is clear that the cases are very similar, but the judgments made by different courts are completely different, and they are all effective judgments.
Xu Xiaxi still lacked practical experience in the end, and when he heard the current situation of the law, he couldn't help but be stunned, "How can there be such a thing?" If this happens, won't there be an adjustment or something? ”
Fu Lichen looked at Xu Xiaxi with a smile and asked rhetorically: "Now they all advocate judicial independence and are not interfered with by irrelevant matters or people, if there are really two completely different judgment results, as long as the judge does not bend the law for personal gain, and the judgment is made in accordance with laws and regulations, then the judgment is legal, how to adjust this?" ”
Xia Xi was asked, and asked in confusion: "It's all made in my country, isn't it our country's laws and regulations?" Can such a verdict still 'fight'? ”
"It turns out that this kind of thing happens a lot!" Fu Lichen did not argue with Xu Xiaxi, and directly stated the current status of legal practice, and at the same time told Xia Xi, "And this situation is also allowed to exist in the legal environment of my country." ”
"That's it!" Xia Xi drooped her little face in disappointment, and secretly said that she was really too tender?
I think I've found a solution, but it's useless!
Fu Lichen felt as if he saw the two 'ears' on Xu Xiaxi's head drooping down, pitiful, like a puppy, and couldn't help but laugh.
However, he naturally did not say this idea, but comforted in a soft voice: "Although the case cannot be used as the basis for adjudication, it still has a certain reference value." When and where were those cases decided? ”
Xu Xiaxi's eyes lit up, and he hurriedly replied: "Basically, it was in the past three years, and only one case was in 2014, all of which were cases of the Haishi Court, but they only happened in the grassroots courts in different districts...... Hmm, does that make any difference? ”
Fu Lichen nodded, looked into Xia Xi's bright eyes, and explained: "Generally speaking, the judgments made by courts in the same area over a period of time will be relatively stable, and there will be no big ups and downs of different judgments. There's a delicate balancing act here. ”
After listening to Fu Lichen's words, Xu Xiaxi looked dazed and shook his head honestly, indicating that he didn't understand at all.
Fu Lichen felt that the corners of his mouth were about to rise, and his palms were a little itchy.
"Ahem!" Fu Lichen clenched his fists and put them to his mouth to block the smile that was about to overflow, before he calmed down: "This kind of routine thing, you have heard it a little now, don't take it too seriously, when you handle more cases in the future, you will naturally be able to understand."
Alright, now come with me! ”
Xu Xiaxi saw that Fu Lichen had already stood up, took the suit jacket and put it on his body, and hurriedly followed behind the other party, following in the same direction, but his mind was still full of doubts: "Where are you going?" ”
Fu Lichen straightened the collar of his suit, glanced at Xu Xiaxi, and said unhurriedly: "Didn't you give the implementation plan just now?" Not ready to put it into practice? ”
Xu Xiaxi was still full of confidence in his plan at the beginning, but he was 'hit' by Fu Lichen for a round, and he was a little uncertain, and he didn't expect the other party to be so action-oriented, and directly asked for practice.
Xu Xia began to hesitate, "Is this really possible?" ”
"How do you know if you don't try?" Fu Lichen raised his eyebrows slightly, and said with a straight face: "Xixi, don't forget, I will take this case for you." Since you want to help your senior sister, let's do more for yourself! ”
Xu Xiaxi's expression froze, and he immediately understood the meaning of Fu Lichen's words.
Although she felt awkward, she actually knew in her heart that without her, Fu Lichen would not have taken on such a thankless case at all.
Don't look at the litigation fee paid by Li Wenwen to Fu Lichen is 30% higher than that of ordinary divorce cases, but for a lawyer of Fu Lichen's level, this price is simply the price of cabbage, otherwise Li Wenwen would not have paid the money without blinking an eye.
Moreover, Fu Lichen took over the case, and did not turn around and leave the case to other lawyers, but took Xu Xiaxi to do it himself, which can be described as the 'conscience of the industry'.
Xu Xiaxi secretly said in her heart: She knows how busy Fu Lichen is with her work, since this case is followed because of her, then she still has to do a little more to make Fu Lichen suffer too much!
"What are you thinking?!" Fu Lichen saw that Xu Xiaxi lowered her head and muttered as soon as she got in the car, and finally couldn't hold back, reaching out and rubbing her hairy little head.
The face is still serious and serious, but in fact, the heart is secretly refreshing: the hand feels really good.
Xu Xiaxi was a little weak-hearted, and he didn't realize that he was being molested again, and he didn't even dodge it, but seriously assured Fu Lichen: "I will handle this case with my heart, except for some procedural matters that must be handled by you, I will try my best to help you do other things, and it will definitely not take up too much of your time." ”
Fu Lichen raised his eyebrows in surprise, secretly feeling funny, and couldn't help teasing: "Yo? The consciousness is quite high. What services are available? ”
"Anything!" Xu Xiaxi hurriedly replied.
Fu Lichen said secretly: Is it okay to warm the bed?
"Ahem!" Fu Lichen suppressed his imminent thoughts, and maintained his cold and serious personality on his face.
Changed the topic lightly: "Okay, since you want to do this case, try it!" ”
Xu Xiaxi immediately geared up and was in high spirits, "Then we are going to ...... Catch a traitor? ”
Fu Lichen twisted the key's hand for a moment, and glanced up at Xia Xi.
Although the other party's investigation idea is not wrong, it ......
He teased: "In broad daylight, where are you going to catch the traitor?" ”
Xu Xiaxi choked and secretly scolded himself for being too excited to forget about this real problem.
And that Pan Lihua is still a staff member of the Education Bureau, and he must be at work on this Monday morning!
Xu Xiaxi pursed his lips and asked weakly: "Then where are we going now?" ”
Fu Lichen gave her a disgusted look, "Classmate Xu Xiaxi, you shouldn't have forgotten that you are about to enter the mid-year assessment, right?" ”
Wanzong Law Firm has a practice of conducting a mid-year assessment of lawyers and paralegals at the end of June, and even newly recruited lawyers are required to participate in the assessment. If you are at the bottom of the three consecutive assessments, the contract will not be renewed after it ends.
Of course, Xu Xiaxi knew this, but she had always lacked a sense of competition in these assessments, so she didn't pay attention to them at all, and she still had a blank little expression on her face, "Assessment, just assessment...... Isn't there a data rating or something on the personnel side? Is there anything else we need to do? ”
She thinks that this kind of assessment is comprehensively judged based on the usual performance of the person being assessed, so as long as she is not lazy and works hard, it will not be too bad, right?
When Fu Lichen heard this, he stopped starting the car, turned his head and looked at Xu Xiaxi seriously for a while, and moved his body uncomfortably.
sighed in his heart: He, a little assistant, really has no sense of crisis at all. It's smart to say that the brain is smart, but I'm stupidly immersed in my own case all day long, and I don't have any sensitivity to the undercurrents in the current law firm.
At the beginning, Xu Xiaxi won the best contract, and even paid more than some veteran paralegals in the firm, which was already very eye-catching; After experiencing Chen Jing's case again, her ability in some aspects gradually became prominent, and she was praised by many lawyers and even Long Kun.
But newcomers who are too prominent are easy to attract envy and hatred, and they will be harshly criticized.
So no matter whether Xu Xiaxi wants to 'fight' or not, she can't lose this mid-year assessment, otherwise, maybe those people will make some trouble.
But now!
Fu Lichen took a good look at Xia Xi's little confused appearance, and decided not to spread out these circles to explain to the other party.
Anyway, with him, he can't suffer a loss.
Talisman Li Chen said calmly: "Let's go, I'll take you to the Labor Bureau to have a look." ”