Chapter 402 Don't say anything, just judge!

On the judgment seat.

Chu Changhe, as the presiding judge, also believed that Yu Cheng directly refuted the other party's demands without a judgment in the trial, believing that the other party's demands were unreasonable.

This point....

Something is not right.

This is because all of the plaintiff's claims are based on the determination of unfair competition.

Now, at trial, the plaintiff has only stated the situation and the relevant evidence.

The demands of this trial were stated.

In fact, there has been no discussion as to whether the defendant is unfair competition.

Or even to say....

It may also be judged to be fair competition.

In this case, the defendant directly rebutted the claim.

Very unreasonable.

So according to this situation.

It is estimated that the defendant also knows very well in his heart that they are indeed involved in unfair competition.

There is no room for too much rebuttal.

I simply started the discussion directly from the side of the appeal.

Sort out this relationship and sort out the relevant evidence.

Chu Changhe looked at the seat of the defendant's Chenggong Law Firm and said:

"The defendant Chenggong Law Firm, at present, the evidence submitted by the plaintiff against you for suspected rumors and unfair competition is——"

"The communication between Chenggong Law Firm, lawyers Yu Cheng and Li Ming, and the person in charge of the media, the content of the exchange involved deliberate slander."

"And it shows that you have the idea of unfair competition on your subjective and intentional side."

"Do you have any objections to the above evidence?"

"Or do you admit that you have unfair competition?"

Li Ming, as a lawyer involved in this regard, responded when the presiding judge opened his mouth to ask.

"We have no objection to the above evidence."

"We acknowledge that there are cases of unfair competition."

Li Ming did not refute the situation of unfair competition too much.

He knew that there was no point in rebutting, so he could only start from the side of the appeal.

Li Ming continued to speak: "But in other aspects, we have what we want to express and state. ”

"Is there anything you want to state?" Chu Changhe asked.

Li Ming glanced down at the materials and continued to speak: "In the evidence provided by the plaintiff. ”

"The evidence involved in it is all real evidence, which we cannot refute."

"However, in terms of unfair competition, we do not believe that we are involved in serious unfair competition."

"Can you elaborate on that?"

"Yes, presiding judge."

Li Ming continued to speak:

"We contacted those media outlets mainly to raise the profile of our successful law firm."

"It does mention Baijun Law Firm, and it also talks about some situations in the industry."

"But..."

"We talked about the situation in the industry, and we mentioned Baijun Law Firm, and informed the media of the fact that the rumors were spreading."

"It's not as bad as it is spread online."

"On the Internet, the slander against Baijun Law Firm is not under our control."

"For example, I think that Baijun Law Firm is a black-hearted law firm."

"We've never expressed that sentiment in our firm."

"So in that respect, we don't agree that there is serious unfair competition involved."

"We believe that this kind of unfair competition is just an ordinary business method."

"It does not involve the lawyer personally, so it is in the litigation claims made by the plaintiff."

"We do not agree with the view that it is necessary to revoke the licenses of two lawyers at Chenggong Law Firm."

After listening to Li Ming's statement, Chu Changhe sorted out his statement, and then spoke:

"According to the statements of the lawyer appointed by the defense."

"You think that you did not expect it subjectively at the beginning, and did not foresee that it would cause such serious consequences."

"At the beginning, I just wanted to improve the reputation of my law firm."

"Wooed several media, and then used the reputation of Baijun Law Firm on short videos to compare."

"Isn't that what it means to raise the reputation of your law firm from this point?"

"Yes."

Li Ming nodded.

The presiding judge's statement was on point.

I only heard Chu Changhe continue to ask: "Just now you took the initiative to admit that you are suspected of unfair competition. ”

"Right?"

"That's right."

Li Ming nodded, admitting that there was unfair competition on his side.

After all, now the evidence is in front of us ....

According to the conditions of unfair competition, they do constitute unfair competition.

Even if this is refuted at trial, the presiding judge will not adopt their opinion.

Just admit it directly.

Faced with Li Ming's direct admission, Chu Changhe continued to speak:

"So can the lawyer entrusted by the defense talk about the specific situation that you think does not involve the seriousness of the subjective, and what exactly do you mean?"

Li Ming: "Specifically, Yu Cheng and I have certain subjective faults in this regard. ”

"But..."

"The two of us were not involved in serious violations of the lawyer's professional ethics and professional standards."

"And...."

"In the process of the media releasing the rumor-mongering video, we just greeted the media and chatted about the relevant situation."

"For example, in the chat logs, I hope that the media can make a comparison between our law firm and Baijun Law Firm."

"From the perspective of a certain aspect to cut into the perspective of Baijun Law Firm."

"And so on and so forth."

"But as for the relevant content, it is the rumor-mongering content added by the heads of the Western District Urban Media, the Western District People's Livelihood Media, and Tianyu Media in order to achieve a better traffic effect."

"It means that they have made the rumor-mongering content huge."

"It has caused the reputation of Baijun Law Firm to suffer serious damage."

"It's none of our business."

"That's what we're trying to say."

"Okay, let me ask the defendant again, does the defendant Chenggong Law Firm subjectively want to use Baijun Law Firm to enhance its reputation?"

"Yes, Presiding Judge."

Facing Li Ming's response, Chu Changhe nodded and looked at the plaintiff's seat:

"Is there anything the plaintiff needs to say?"

"Some presiding judges."

Su Bai nodded: "We don't agree with the other party's statement. ”

Su Bai completely disagreed with Li Ming's answer.

Why?

Because Li Ming's answer completely dissociates himself from his own relationship, he pointed the finger at the media.

Is there something wrong with the media?

Yes!

But who told the media in the first place?

It's Yu Cheng and Li Ming.

So from this point of view, the two of them can't get rid of each other at all!

Su Bai continued to speak:

"First of all...."

"The defense argues that they are not involved in serious unfair competition."

"What is serious unfair competition, and what is serious unfair competition that is not involved?"

"I'm sorry, but I can't understand the arguments of the lawyer's attorney for the defense."

"But it's clear from the explanation."

"They believe that the media has smeared it on its own initiative, which has caused greater damage to the image of Baijun Law Firm."

"But really?"

"Actually, it depends on the subjective approach at the beginning."

"The presiding judge also inquired just now, and the defendant does have the subjective idea of deliberately stepping on Baijun Law Firm to engage in unfair competition."

"That shows that at the beginning, Yu Cheng and Li Ming, as two partners and lawyers of Chenggong Law Firm, had the idea of unfair competition."

"So the media were notified."

"The fact that the media has spread and spread rumors."

"If there is no Yu Cheng and Li Ming to notify the media, and it is through personal friendships and relationships, it is through personal friendships and relationships to notify the media."

"Will there be a situation where the reputation of Baijun Law Firm will be damaged?"

"No!"

"All in all, in this case, the reputation of Baijun Law Firm was seriously damaged."

"The main point is..."

"Yu Cheng and Li Ming, two lawyers in Chenggong Law Firm, know the law and break the law."

"In cases where as a lawyer, you know that it is illegal to spread rumors to others or to other subjects that will cause damage to your personal reputation or goodwill."

"Still instigating or spreading rumors through their own personal relationships."

"We believe that this kind of behavior has been involved in a serious degree."

"Therefore, we believe that there is nothing excessive in the litigation claims made by us, nor is there any exceedance or inconsistency."

Su Bai's statement focuses on the serious mistakes committed by Li Ming and Yu Cheng of Chenggong Law Firm from another side.

The litigation claims involved in this case were carefully considered by Su Bai.

There is no doubt about the matter of reparations, as well as the matter of public apologies.

Berjaya Law Firm must compensate and make a public apology to Bai Jun Law Firm.

The remaining two – revoke the licenses of Yu Cheng and Li Ming, and require Chenggong Law Firm to suspend operations for several months.

This point.... For Yu Cheng and Li Ming, it is the most unacceptable thing.

Then again.

How is this determined?

This point depends on the consequences involved and the subjective seriousness of the judgment.

This is the issue that Su Bai discussed just now as the plaintiff and Li Ming as the defendant.

In response to Su Bai's statement, Li Ming spoke again:

"We still don't agree with the plaintiff's statement."

"Again, I emphasize."

"In this case, we did engage in unfair competition."

"However, we did not have such serious malice subjectively, and we did not expect such consequences."

Su Bai smiled, didn't expect such a consequence?

How could it not have been expected?

In other words.

At that time, Yu Cheng and Li Ming hoped that there would be more serious consequences.

Because the greater the damage to the reputation of Baijun Law Firm, the better it will be for their successful law firm.

Therefore, it is impossible and unrealistic to say that such consequences were not expected.

On the other hand....

Will the court and the presiding judge adopt this argument?

Nor will it!

Su Bai retorted with a smile: "I want to ask, what does the defense lawyer mean when he says that there is no such serious malice?" ”

"Can you make it clearer?"

Li Ming: "Yes, what we stated is not so serious malice, which means that we did not expect such a big consequence. ”

"Because Chenggong Law Firm is a small law firm, in Dong Guoguo's case, after the second-instance verdict was changed, the first thing I thought about was to improve my reputation."

"There's nothing wrong with that."

"In addition, because the lawyer entrusted by the victim is from Baijun Law Firm."

"We want to enhance our reputation, and adding Baijun Law Firm will definitely have a benign effect on the reputation of successful lawyers."

"But...."

"We did not expect that it would cause such a big loss to the comments of Baijun Law Firm, for which we apologize and are willing to compensate."

Typical I'm wrong, I'm justified?

I don't want things to turn out like this, but it does, can it be my fault?

What kind of strange remark is this?

Su Bai did not answer the topic of Li Ming's willingness to compensate, but asked rhetorically:

"The lawyer entrusted by the defense to state that it did not expect such a big and serious consequence."

"Then I would like to ask the defense lawyer."

"During the whole process of Baijun Law Firm's rumors and reputational damage, didn't you realize that the influence caused was too great?"

"Why isn't there any stopping behavior?"

"Or rather..."

"Why do you continue to choose to improve your reputation when Baijun Law Firm has suffered such a big loss?"

"You know, when the White Monarch Law Firm suffers the most reputational crisis."

"There are a lot of media that are comparing Baijun Law Firm with Chenggong Law Firm."

"Based on the evidence, this is the tacit acquiescence of successful law firms."

"Where did the defendant's argument that you didn't expect such a big consequence to happen?"

"The evidence clearly shows that Chenggong Law Firm is adding fuel to the fire, and the defendant also stated that you did not expect such serious consequences."

"Who believes?!"

"I would like to ask the defense to appoint a lawyer to stop deceiving myself."

"Subjectively, you are completely engaged in malicious smearing."

"The videos that spread rumors about Baijun Law Firm have a total of tens of millions of views and retweets."

"Successful law firms are primarily responsible for this."

"Among them, Yu Cheng and Li Ming in Chenggong Law Firm, two lawyers are also mainly responsible!"

"Based on the above, I would like to ask the presiding judge to make a judgment on the issue of responsibility in accordance with the available evidence!"

At present, all the expressions have been completed.

The evidence has been presented.

What is the point of view that the defense is trying to make?

The point they want to make is that they don't have that much responsibility, and it's all to blame on the media.

But just now, Su Bai had already explained this situation in detail.

The defence was unable to produce any other strong defence.

There is no longer much point in continuing to defend on this topic.

Simply....

Direct Judgment!

…

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