Chapter 142: It's better for Lawyer Zhang to cooperate
What is a standard contract, a contract drawn up in advance by one of the parties, and the other party can only choose to agree to it in all or not in all.
According to the provisions of the Civil Code, there are three characteristics of a standard contract, one is drafted in advance, one is reused, and the other is not negotiated.
What are the most common forms of contracts we usually have, which are those contracts on the Internet, for example, if you use an app, you must agree to those terms before you can log in.
Those contracts are pro forma contracts.
Of course, it does not mean that the entire contract must be invalid if those clauses appear in it, and in practice, the court will not make such a judgment, and generally adjudicate according to the specific provisions of these clauses.
For example, in this guarantee contract, why Lao Tang dares to say that this contract is invalid is because its main clause, that is, the clause that uses the house as a guarantee, obviously increases Uncle Wang's responsibility and excludes the company's obligations.
From a contractual point of view, this is a defect in the contract, which has an impact on the validity of the clause, but does not make the clause directly invalid.
After all, we always say that a contract is made based on the consent of both parties.
However, the standard contract is different, and its characteristics of "either agree or disagree" and cannot be negotiated determine that among the other parties to the contract, the party providing the contract is in an advantageous position!
Therefore, the previous contract law and the current civil code have relevant provisions, and the requirements of standard contracts are much stricter than ordinary contracts.
Seeing that the other party was leaving, Aite couldn't help but say, "Deng Xianzhou, does he have to mock that sentence?" You're not as good as him, are you? β
That feeling is like a low math class, the teacher said below, he sees that because of that step, he can't get the previous step, he knows all the words, but he doesn't understand how to convert that step.
That's what he said no matter how little, there is a way to admit it, and it is exactly the same as the predicament that Old Tang faced at the beginning.
The guarantee contract is valid, all the plaintiff's claims are rejected, and the litigation costs are borne by the plaintiff!
I can only say that now, because I took out the contract myself, and I must question the authenticity and objectivity, which is used to say, to give false testimony, and I have to retreat first.
"It should compensate your client for the corresponding expenses, such as attorney's fees, transportation expenses, and other reasonable expenses for the sake of the case."
As for hiring a lawyer again, the case has reached that level, and it is useful to hire a lawyer, spending money in vain, and more importantly, without that case, my guarantee contract is not useless, and I know it......
and also regressed one by one, Mr. Liu.
The two words of shame were still spoken, and the lawyer knew about it, and Director Han should understand what I meant.
It is also said that you can be taught by me by my side by your side, and you can also know these connections......
It's just that I didn't have a feeling before I learned about the standard contract, what was that Deng Xianzhou's brain!
A few days passed in a flash, and the case was tried for the seventh time, and the live broadcast network of the trial was broadcast live as usual.
Very slowly, the two sides sat together, and Aite knew the situation, and I felt like I understood the thoughts of the lawyer Tang opposite.
So that time, Lao Tang planned to talk to the other party, and he would definitely be able to have that witness, and this police report may be more valued.
After thinking about it, Wang Shihua was ready to take that case as a model, and such a model case was destined to become a case on the lips of all small junior colonels and small law firms.
"What did you say, originally you thought that the company looked like a villain, but now, Deng Xianzhou is this little devil is bad or bad!"
Aite sat at the plaintiff's agent, his face pale, and beside me, Xiao Yan's face was even paler.
It's definitely bad to be able to mediate, Lao Zhou is tired, and his heart is tired.
"You think the money should be paid by you, and it has something to do with you!" Xiao Yan shouted outside.
Lao Zhou didn't want to call the bailiff yet, and said that there was no bailiff under every court, so it was better to use it tightly on the side of the criminal court.
"Damn, Lawyer Tang is bullying people, he looks at the old and young of this company's agent's mouth, he may have thought that he would be a less heartless person."
Lao Han continued to watch the live broadcast of the trial, but my mind didn't know where it was drifting, and when the case got to that point, I basically couldn't make up my mind if Deng Xianzhou won.
"I can even see that there are so many things, he is still professional, professional fart, it is better to lose the case, he will clean up his things and get out!"
"No matter how professional you are, you are more professional than him, do they think that by paying such a small salary, they can find some bad legal counsel? Yes? It's only a few dollars, and this salary can only be found to understand like you! β
Xiao Yan still understood, and said a little relaxed next to him: "Lawyer Zhang, how is it now, why did the other party say that they wanted to use those contracts as evidence?" β
As soon as that sentence came out, Lao Tang instantly realized that if that Xiao Yan was fine!
Anyway, it's not about experiencing the feeling of knowledge flowing through the cerebellum, but as for saying that it will be remembered, that's it.
That feeling has something to do with me, it's purely better to say that it's better to see the exclamation before the lawyer's classic operation, it's worse than playing basketball, and when you see that it's better to withdraw the ball, you will always slap your calf involuntarily.
Thinking of the trial schedule in front of him, Lao Zhou hated to turn the gavel in his hand into a Haotian hammer, and smashed this dog thing to the sky with a hammer.
I never thought that the contract I had just run so slowly that I almost got back in a car accident was actually used as evidence by the other party!
"It's very complicated, the guarantee contract is clearly not invalid, and the other party might as well want to ask for money from this person named Wang Dengfeng now, if the two sides communicate with each other, see how to get it."
By Aite's side, Xiao Yan's whole person is broken, and after the trial, we haven't been lying down for a long time, anyway, the situation is like that, winning is not winning.
"The plaintiff used a standard contract instead of a special contract to sign a contract with your party, so there is liability for negligence in contracting."
However, Qu Si was talking, and Xiao Yan's voice beside him was even quieter.
"Director, what is the director doing, hurry up and shoot for the master, yes, there is a chicken leg at noon, he is there!"
Therefore, the key question is whether this person named Qu Sishun has no inability to repay when he takes out a loan, and whether the online loan company is vague.
"There are circumstances that increase the responsibility of your party, and according to the regulations, they should all be effective ......"
Before you spray yourself, they have a way to spray again, you say your own food, but the money they give is only enough to find your kind of rookie, who is to blame!
After that, they might as well say that there is no verdict, and now there is no reason to see if there is a verdict.
It should be said that before letting Miss Dayan inquire, I knew that Lawyer Zhang was really not magical, and every time he sent his client back in a bad way, that skill was not a little magical.
In fact, Lao Tang's purpose has always been very clear, not the goal of the task, to let the white-hearted friend receive education.
Therefore, Qu Sishun usually pays attention to it, and cautiously thinks that he can do the assistant's work longer.
After all, there is no limit to the number of bailiffs.
In very few cases, the reason why enforcement comes up is not because the person is found, but the public security organ is responsible for enforcement.
But there is a way, the trial is not like that, he has to give people time when a new situation arises, let people go back and prepare what to do, and by the way, look for evidence if they can see if they can do it.
After finishing speaking, he was interrupted by Lao Tang: "Judge Zhou, you want to be angry, and you want to mediate." β
"How is he going to mediate?" Lao Zhou asked.
The elderly lawyer Tang Fangjing was stunned when he heard this, and quickly asked, "Director Han, are you planning to make you an assistant?" β
"@ι»ζεΎζδ½ζ΅·ηͺ, there is no low lawyer, you look at what you said at the time, saying that if the lawsuit is won, you will broadcast a handstand live, then you said it yourself, come on, the little family wants to see it."
The two of them cooperated very badly in court, and they suspected that they should be able to cooperate badly in court.
During the adjournment stage, Lao Zhou concluded the review of the relevant contracts, all of which were exactly the same terms, and the specific values were not the same.
At home in the region, Hu Jia looked at the live broadcast of the trial that might as well be closed in a daze, and the offline network was broken, and there was no netizen Mr. Liu, you came out and took two steps.
It can only be said that the person who drafted the contract understands the law, but when it is drafted, he will consciously exclude the company's obligations and make the other party's liability aggravated.
Before the adjournment began, Lao Zhou announced below that the plaintiff had extended the time limit for replying and the case would be reopened at a later date.
"There are so few awesome lawyers, why do they go to us, or do they want to save money, you are not a bargain, you have so much ability!"
"@ε°ι£εΎζι©ζη«, Lawyer Han, are you coming out to say a few words? Then you swear that you can win the case. β
That case was really full of twists and turns, and it was originally said that Lawyer Tang had lost, but as a result, I was made a commotion during the trial.
However, these lawyers who were in the audience quickly reacted, so a small number of contracts are exactly the same terms, and the contract provider is this company, which is really in line with the characteristics of standard contracts!
The coldness of netizens is not better than next time, but there are still no many people chasing after it, Xiaojia might as well want to see what kind of cross-examination now, just want to see how the case will be judged!
On the company's side, the agent is still Aite, there is a way, it is cheap, I will find a new legal counsel after I resign, the cost is too low.
"However, it is better to do it before, there are fewer and fewer people outside our house now, and the small family knows each other, so you have customized a badge for the small family."
Aite got up and walked back to the plaintiff's position, and ended the bad Qi, I know why Xiao Yan agreed, that matter is not bad for the company, there is no benefit.
As for Qu Si's side, I haven't messed it up yet, there is a way to handle the case, if they think someone else can do it, they will go to someone else.
After holding it for a long time, Xiao Yan finally spoke: "That is a trade secret, and you have the right to disclose it." β
There was silence in the trial, and the judge Elder Zhou's face was very stunned, or I didn't expect that Deng Xianzhou would cut in from that aspect before going around such a small circle!
Because every time I can get out, I will be involved, and the investigation results of the public security organs show that lawyer Zhang really worked hard with the intention of winning the lawsuit......
"Fight slowly and slowly, you are very bad, you are sure that the plaintiff in that case loses, what will it be like, haha send the evidence out of the hands of others."
The two people on the plaintiff's side quarreled, and the quarrel was very calm, which made netizens who were originally going to enter and exit the live broadcast room suddenly interested.
Because of the live broadcast of the trial, Xiaojia could obviously see that Deng Xianzhou did not end the operation before the lawyer named Aite handed over the original contract.
However, Lao Tang's mouth still stopped: "Da Yan, he said that how could no one send the evidence out of the other party's hands, so do you think that Da Yan dared to write that kind of plot?" β
With a little training, you must not become a top lawyer, originally Lao Han was very inferior, thinking about cultivating the other party.
It is that everyone is not relieved, and the rights of both parties to the litigation must be guaranteed.
"After all, really speaking, in addition to the liability for negligence in contracting, Wang Dengfeng has to bear half of it at most, and I haven't explained to your party that the risk of that guarantee is not small!"
According to the provisions of the Civil Code, the characteristics of the standard contract need to be drawn up in advance, and there is no evidence to prove that the contract is drawn up in advance......
Aite spoke, and I was mobilizing my wisdom to see how to refute it, but I was very reluctant to find that there was not a drop of my wisdom left.
If this Director Han will be ridiculed, his reputation will plummet, so I think I understand why Director Han still calls the other party bad.
Lao Han's answer was very clear: "Yes, you are going to find an assistant again." β
Qu Si has spoken, I myself know that I am at a loss, logically speaking, that case can be won by a dog, the evidence is so sufficient, how can it be possible to win!
Aite Wangtian, I think I should not tell the person surnamed Tang, this mouth is too powerful.
God is pitiful, is my old king difficult......
When Lao Han heard this, he stood up, stared at Tang Fangjing opposite with his eyes, and said, "Because he is insulting the profession of lawyers!" β
Suddenly, I became very interested in this lawyer Deng Xianzhou, who even had a law book and a graduate student.
"I think you're competent, you can't, they just resign, see what kind of legal counsel you can find with that little money, and let you get out, you just go!"
As for the other people in the auditorium, they are full of cuteness under these faces who understand the law, and we know every word Deng Xianzhou said, but when they are connected, they understand.
At the end of the cross-examination, Aite spoke: "You have objections to the authenticity and objectivity of the evidence, but you have no objection to its relevance. β
Lao Zhou also laughed, as a judge, although I am not as troublesome, I also hate that kind of bland operation!
And in the trial, Qu Si finally reacted, but there was confusion in my eyes, who are you and what should you do?
Qu Si, the plaintiff's agent, looked dazed, my mind was still turning, how to say it was bad, and suddenly it was under the standard contract again.
That hand operation is really as mysterious as an antelope's horns, and people want to call it bad even if they live there, especially for a lawyer like Lao Han.
The netizens under the network are very full, so what about the live broadcast of the trial, he even gave a result, what is it!
"In the past, there were badges hanging outside the office, so there was a problem."
Anyway, no matter what you say, you may definitely deny the accuracy.
It's better that no one wants to talk less, just pull white, as long as there are enough people who pull white, the comment area will always be harmonious.
As a result, now I actually ended talking to myself about that, I'm crazy, isn't a lawyer a lucrative profession?
The guarantee contract is not as valid as possible, and the other party wants to get the money back, so he can only go to this Qu Sishun.
However, the level of practice is too little weaker than that of other lawyers!
"You might as well use all kinds of means to deal with your opponents, but as a vested interest in the profession of lawyers, you must be inferior to that profession!"
That is the most direct embodiment of the lawyer's ability!
What's that? He wants to mediate? What did he just say aggressively about countersuing, and let the other party bear the responsibility for negligence in contracting or something, what about him?
I felt that a mouthful of old blood was choked outside my throat, killing people and punishing my heart, killing people and punishing my heart, why is there no person like Deng Xianzhou in that world!
After that, I'm ready to contact this lawyer Aite Zhang!
Xiaofeng Law Firm, Lao Han looked at Qu Sishun in the live trial, and couldn't help shouting: "Bad! Bad a form contract! β
But now I'm being grabbed by the big braids......
"Qu Sishun, as soon as he prepares, let's go to practice independently, you need him for the time being." Old Han said.
After the small memory recovery operation, those colleagues in Jingzhou can only pretend to be dead, anyway, as long as you see it, this can't be regarded as happening.
Tang Fangjing suddenly eased: "Yes, director, is there nothing wrong with you, how can you continue to be an assistant?" β
The lawyer next to him spoke: "Director Han, are you calling Deng Xianzhou bad now?" If I win, you're going to ......"
The creditor and the guarantor are completely relative, and everything is because of the debtor in the middle, and I borrowed money to repay, so that the lawsuit will occur.
As a result, now, he actually told you that he wants you to bear their expenses, which is too much, and he is clearly bullying people!
If you want to buy boiling cabbage with the money you want to buy cabbage, what do you think, the lawyer also gets what you pay for, and there is no reason why it is expensive.
So I have to find a way, if the company and Mr. Wang, a friend named Wang Dengfeng, are not involved, this and that matter will be very bad, and the two sides will cooperate.
At this time, Old Tang packed up his broken things, carried his handbag and was about to leave, and when he passed by the two people who were arguing, he said:
Lao Han can go that far, if he doesn't have it, but if he can become a low-level partner of a top law firm, I don't have my pursuit!
Lao Tang is naturally idle on his side, and it has been a matter of offline since then, this is because the case is the most important, and now that the lawsuit is over, we can't talk about it under the network.
Moreover, it is better to say that those contracts need to be used to prove that the contract has not been modified, and why do you suddenly submit all the contracts to the court as evidence.
People like Lao Han and Wang Shihua are naturally watching the live broadcast, and we mainly want to verify the thoughts in Yishang's heart.
Old Tang's request was reasonable, and Lao Zhou immediately said: "Okay, let's talk about it together." β
Tengda Law Firm, as soon as Lao Tang went downstairs, he saw Lao Wang standing at the door, his face full of excitement.
Old Tang ended packing up with a professional smile on his face, the expected choice, that time it was the other party's turn to suffer.
For that incident, how has Miss Dayan slept lately, and you find that you are really disgusted with those, but you are too interested in what kind of law.
No one has finished talking about the case now, and the company will lose the case, and there is no way to do it, the evidence is too conclusive.
Lao Han has not posted a sentence on the Internet, and my lawyers are all pretending to be dead and wiping their butts, however, no one has taken screenshots of our remarks for a long time.
The win was crisp and the win was uneventful, and I can't say that my case is even more respected than the next murder.
Miss Dayan shook her head and said she was vague
Old Tang's eyes lit up: "You mean to say that your company knows whether Qu Sishun has the ability to repay, right?" β
Tang Fangjing was completely confused, but I know who Director Han is, and he will do whatever he wants.
The girl with a big face around her has not yet become a fan girl, and the woman at that time is the most handsome and charming......
Because of the delay in the conclusion of the case, the presiding judge wanted to do a judicial appraisal, and I also wanted to drag it out, so I went back to get evidence in the trial to prove that the contract was wrong.
There is a problem, if he cooperates, how can you be so inferior, you can get these contracts.
Xiao Yan spoke, and Lao Tang continued: "So you want to ask, when your company is at its worst, you don't know much about Qu Sishun's situation, what is my ability to repay?" If the company doesn't have a general investigation, right? β
Is it over now, or wait first, and then Lao Zhou spoke: "It's bad, now the court is temporarily adjourned!" β
Because the company has reason to agree to that kind of communication and mediation, as a company if it is to make money.
Weakly pressed this breath, Lao Zhou stared at Lao Tang directly: "Lawyer Tang, what counterclaim does he want to file?" β
Qu Si was still talking, and Aite was not a little surprised, and turned his head and said, "Xiao Yan, what was the situation at that time, say it and think of a way together." β
Seeing that the presiding judge got up and was about to leave, Xiao Yan couldn't help but say, "Qu Si, he's okay, he might as well be a legal officer, right?" Even the pit dug by the other party can be seen? β
Lao Han's assistant, this is squeezed out by other lawyers, and if a little resources leak out of my hands, the assistant will be able to eat.
But now I'm turning my face again, so I can only secretly keep that matter in my heart, Han Chengli, right, I don't have this Deng Xianzhou, just wait.
Lao Zhou nodded, and then the two of them got up directly, each returning to their original positions, only Aite and Xiao Yan were still in this confusion, so why did they talk about mediation again?
understands that, even some lawyers who usually look like Lao Tang are amazed at that time!
"And he just uses that profession as a means to make money, so ah, let's make money by myself."
"Even the evidence was sent down by yourself, he can't Aite, and he also said that he was a lawyer after that, is his lawyer's certificate fake?"
Aite pointed to Deng Xianzhou opposite, and said that the words came out, and Lao Zhou finally spoke: "Ahem, the plaintiff, what do they think?" β
But do you really know how to say that this Deng Xianzhou can still turn the case over, and it is such an unbelievable means to let the plaintiff send the evidence to his subordinates......
There is a way to do that kind of calculation, because we don't have that kind of mentality, and we will also react like that if we do it ten thousand times, there is a way, there is a way, there is really a way......
There is a mistake, in the case of finding people, this makes professionals come out, and the executive bureau of the court is counting on it, and if he finds someone, we will find it.
The court was adjourned again, Aite sat outside and didn't understand the other party's behavior, what do I want to do?
Netizens under the network listened to Lao Tang's words and didn't stop at all.
"Presiding judge, you have to file a counterclaim against the other party!" Lao Tang's words made Lao Zhou, who had not turned white in his eyes, stunned again!
I can't go to Bai Deng Xianzhou for the sake of profit, but I have a way to go to Bai those operations, and that kind of operation can hardly be said to be the ultimate that a lawyer can do!
It's just that it's not strange that Lao Wang has a badge on his chest, and two lines of words are written underneath: Wang Daming, director of Tengda Law Firm.
"Da Yan, does he know why no one always quarrels or even fights in the trial?"
Old Tang's voice was very small, so small that the two people who were arguing could hear it clearly, and suddenly, both of them closed their mouths.
Miss Dayan nodded with a serious face and said, "Yes, if any author dares to write that kind of plot, he will be sprayed to death by the reader, tsk." β
"Of course, it's because I want to shake the pot, that's all understand!"
However, I just made it like that, I wanted to show my face behind the male god, but I ended up exposing my ass and wearing a red bottom......
The two of them quarreled more and more outside, and they didn't even look like they were doing anything, and the clerk and the judge's assistant persuaded them, but it worked, and both of them were angry.
Aite endured it, what about the lawyer, the lawyer is not a rookie, I Aite does see the problem, so few lawyers under the network can see it!
Aite was also called over and asked if I would like to extend the time to reply, and Qu Si said that it had to be extended, because I now knew what to say.
When the verdict came up, the live broadcast signal of the trial was cut off, and netizens shifted to the battlefield one after another, not as good as these people after Mr. Liu.
Old Tang's footsteps stopped, and he turned around with a smile on his face: "Outside, you are powerful, and it is Lawyer Zhang's bad cooperation." β
It was Guo Lao Tang who didn't have any expression, but just smiled: "In that case, Judge Zhou, let's just make an abnormal judgment, and you will raise the liability for negligence in contracting before the judgment, how about it?" β
So now, in the case of the invalidation of the guarantee contract, the two parties are looking for someone to take responsibility together, which is very abnormal.
Old Tang was still talking: "Specific to the guarantee contract, is that clause, not that clause, and that ......"
Now, it is only for the contract to be recognized as valid, and the company has to pay the lawyer's fees, who is bullying whom.
And even if it is that cross-examination, anyone with a discerning eye knows that it is a weak line, it must be drawn up in advance, how can this contract be a template.
Something happens if you delete it? It's worrying, netizens are very cold-hearted, such as "You hate color" brother, this is really cold-hearted, and I sent screenshots of these comments later.
I've got a little surprise for these people in the net!
Outside the live broadcast room, there is also no small hand to end up popularizing the knowledge of format contracts to netizens, and between the words, netizens feel that they understand again.
"Is that just that? However, but that Deng Xianzhou is his opponent, is it right to say that way? β
I can't even say that I knew for the first time before reading that case that the profession of lawyer can still play like that!
Based on the facts, with the law as the criterion, it must be sitting there, I also want to call it bad, it's really too bland!
The peers closed their mouths in unison, and they didn't have this bad brain before they finished deleting what they said.
This is Lao Tang's slow wisdom before seeing the original contract, although it is slow wisdom, there must be a perennial accumulation, and I even think about it.
And a guarantee contract, even the specific housing guarantee clause is not valid, and the whole contract loses its meaning.
And now, all of a sudden, it's time to be an assistant!
Lao Han Wenyan frowned and looked at the elderly lawyer, the other party's family background, education and eloquence were all wrong, and he could be regarded as an excellent lawyer.
In the imperial capital, Wang Shihua looked at the message under his mobile phone, pushed it under the paper, and then threw the pen under the paper, and couldn't help but say: "It's bland, it's really too bland......"
Xiao Yan was stunned by the rotten words.
Anyway, that sounds familiar......
That is also a common problem of modern netizens, even if the whole body is soft, the mouth will always be hard.
But now, hearing those words, Lao Han suddenly felt in the mood.
Aite and Xiao Yan: "......"
Netizens outside the live broadcast room are also tired, and the adjournment of such a case has made everyone feel good, but the bad thing is that they finally heard the verdict.
Because that time, Director Han took the lead in scolding the other party under the net, saying that the case was absolutely and absolutely impossible to win, but the other party is now bad as if he was going to win.
Before thinking about it, Lao Han edited the specific content of the trial a little and sent it to Wang Shihua.
It's over, right, he's really finished, right, and he still countersues? Why did he mention it a few days later, and why did he have to mention it in the trial?
The situation reached an impasse again, and Lao Zhou Younai said: "Okay, let's adjourn the court first." β
At the same time, Lao Zhou hadn't called Lao Tang over, and almost gritted his teeth and asked, "What is he going to do, what is he going to do?" He's yes yes ......"
Since the mission target is that, this means that the friend is absolutely fine, but there is no evidence on the old Tang's side, and the evidence can only be on the company's side.
Aite informed Qu Si of the situation, Qu Si frowned, and said directly: "Who is useful for this matter, I have money, what should I do?" β
Old Tang ended his counterattack, and next time he was pressed and beaten by the other party, this is because I want the other party to take out the evidence, and now there is a problem.
There is no problem with what Qu Sishun said, the clause of the housing guarantee does increase the liability of the defendant and should be considered valid.
Now that I think about it, the two of us, including the presiding judge and the two judges sitting below, have become the objects of each other's calculations!
That incident made me so angry that I wanted to vomit blood, and even wanted to fight with Qu Si next to me!
After thinking about it, Hu Jia still used his "Failed Ambition" account to post a sentence on the Internet: "What are you worried about, is there still a sentence now?" Are they all judges? β
"Old Tang, you did a good job, that case is really beautiful, don't say anything, you have a treat today!"
The other party's trick can be called a stealing day, and the most important thing is that those new evidence were specially brought by the vice president of the company who drove back to the company in a hurry, and he personally sent the other party out of his hands.
Therefore, it is likely that I came up with a response at the scene of the trial, and that can only be said to be awesome!
You can get to that point just by relying on a dead performance, this is possible, Lao Han has nothing, that is the kind that Lao Tang personally certified!
However, the live broadcast network of the trial cut off the live broadcast signal, and there was a fight in the courtroom, which can be rebroadcast cautiously.