Chapter 339: How big is the chance of winning
After figuring out the origin of the other party, Guan Yuntian asked Lao Xue to go back to the company's headquarters to discuss countermeasures. In the company's small conference room, in addition to Guan Yuntian and Xue Jianqing, there are three perennial legal advisers of Changda Group headed by lawyer Zhao.
"Lawyer Zhao, what do you think of the other party's lawsuit?" Guan Yuntian spoke first, he wanted to know what legal professionals thought about this matter.
"Before coming to the meeting, the three of us exchanged views on this lawsuit in advance, and we agreed that this is not a major incident and does not pose any harm to Changda Group. In our opinion, this is a bluff made by the other party without knowing Changda Group, relying on their economic strength. Lawyer Zhao said.
"Oh, can you be more specific?" said Old Xue.
"There is only one item in their complaint, that is, they are suing Changda Real Estate Company for moving their family's ancestral grave without permission, and this content is completely untrue! We have both human and material evidence, but it is the plaintiff, and according to the principle of whoever asserts the claim shall bear the burden of proof, they cannot provide counter-evidence at all. So, I think it's easy for our side to respond to the lawsuit. Lawyer Zhao explained.
The other two lawyers added: "The plaintiffs have three claims, the first and second are about 1 million spiritual solace and a public apology in the media, we think this is completely nonsense, and this matter has not caused any adverse impact on their reputation, how can there be mental loss, where is the need for mental comfort and an apology in the media? This is just wishful thinking on the part of the other party, and the court will definitely not support it." There is only the third rule, that is, to help the other party find the location of his ancestral grave, even if it does not go through the court, it is reasonable and humane, and from a humanitarian point of view, our company should do the same. ”
"If we really go to court, how much do you think we can win?" Guan Yuntian asked tentatively.
"Ninety-eight percent. Lawyer Zhao replied.
"Since we have sufficient reasons and sufficient evidence, why not 100 percent?" Guan Yuntian said.
"Mr. Guan, no one dares to fight 100% of the guaranteed tickets, and in real life, unexpected counterattacks have not happened!" another lawyer explained.
Guan Yuntian thought a lot, and he tried to discuss possible accidents with the three lawyers, "As far as this case is concerned, if the other party wants to successfully counterattack, what means do you think he will use?"
"In fact, there is no new trick other than bribing judges by improper means. ”
"He may use this method against other opponents, and if he wants to use this to deal with the Changda Group, then he has made a wrong decision! Now advocating judicial fairness and transparency, I believe that the judges have a strong sense of the legal system, and in addition, the Yang brothers think that they have a few money, and they are empty-eyed, which can only show that he is sitting in a well and watching the sky, and has never seen the world. "Guan Yuntian said.
The three lawyers nodded yes.
"Lawyer Zhao, the three of you let go of your hands and feet to operate, how do you need the company to cooperate, and inform you at any time, the principle is to do things well and minimize the negative impact on Changda Group. In addition, the other party has entrusted a law firm in Huayuan City, you are in the county seat, do you have any pressure on this? If you feel that it is necessary, does Lawyer Zhao remember the lawyer Wang in the capital? We can spend money to invite him to help. "Guan Yuntian said.
"That's not necessary, although the other party's agent is a law firm in the city, the facts of this case are clear, the evidence is conclusive, and I believe that the judge will judge the case impartially. Besides, although we are located in the county, we have not been involved in many lawsuits involving other places over the years, and we do not lack experience in this area. ”
Lao Xue nodded, "The three lawyers are full of confidence, we are very pleased, and if we need to cooperate in the process of handling the case, the company will do its best to support it." ”
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Afterwards, the three lawyers analyzed the facts of the case and found that this kind of civil dispute case can be under the jurisdiction of the people's court where the crime occurred or the people's court where the defendant is located.
"Well, it does save a lot of trouble to try it locally, but I'm afraid the plaintiff won't agree! I'll inquire and see if that's possible." Lawyer Zhao worried.
The day after meeting with Guan Yuntian and Lao Xue, Mr. Zhao visited the presiding judge of the civil division of the county court, and he wanted to consult about the possibility of transferring the case.
Before lawyer Zhao went to sea to open a law firm, he and the president of the civil court were colleagues, and they were both in the same department of the court. Since Lao Zhao went to sea to become a lawyer, whenever he took over a new case, he took the initiative to ask for the opinion of the old leader, and after the old leader became the president of the civil court, he seemed to have become Lao Zhao's adviser.
After the meeting, without waiting for Lawyer Zhao to speak, the president of the civil court first asked, "What's the matter, I have received a new case?"
"It's a case from our service unit that involves a civil dispute over the expropriation of land. ”
"You mean the case of the Changda Group, right? It's okay, at least they are not bad for money, but civil dispute cases are simple and simple, and complicated and complicated. ”
"The facts of this case are clear, the evidence is conclusive, the facts of the case are not complicated, the location of the prosecution is in the Xincheng District Court of Huayuan City, according to the nature of the case, I would like to apply for the transfer of it to the jurisdiction of our county court, do you think this is possible?" Subsequently, lawyer Zhao explained the general facts of the case.
"Judging from the nature of the case, you can apply for the case to be transferred to the jurisdiction of the Fuyuan County Court, but if the defendant and his agent firmly object, the court will not agree to your request. In fact, as long as the facts are clear and the evidence is conclusive, it doesn't matter where the jurisdiction is. ”
"The leaders of Changda Group are worried about being plotted and counterattacked, and they will be transferred to your jurisdiction, don't they have more confidence in their hearts. ”
This concern is understandable, but now no one is so bold, and no one dares to do anything in a case where the facts are clear and the evidence is conclusive. Is the current jurisdiction over the case the Xincheng District Court of Huayuan City? I have a classmate who seems to be the vice president there, but I haven't been in touch with him for a long time, so I'm not sure. ”
Lawyer Zhao was very grateful about this, "Yes, you can quickly check, it would be great if he was still there as vice president!"
The president of the civil court picked up the phone and dialed a number, and the phone was quickly connected, "It's been a long time, where are you now?"
"Who should I be, it turned out to be our High President. It's all at this age, don't think about it, even if you have a position, there are only young people in the eyes of the leader, how can there be anything with the old guys!"
"Listen to what you mean, still standing still in the New Town Court?"
"Didn't I say it, I'm a lot older, where can I move!"
"It's okay, don't worry about that, just retire. President Gao pandered.
"Old classmate, you haven't been in touch with me for so long, and you suddenly called me today, isn't there something wrong?"
"I've guessed you, since you're still in the same position, I'd like to ask you to take care of a case. ”
"Well, you're the president, you can't say such things casually, and it won't affect outsiders if they hear it. The judiciary pays attention to fairness and justice, and adjudicates cases impartially, so how can we take care of it?"
"It's not what you think, a friend came to me, and he accepted a case that fell under the jurisdiction of your court, because he was not a local agent, he was afraid of being treated unfairly, and he knew about the two of us
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It's a classmate, I want you to take care of it, there is no other meaning, just treat it fairly. President Gao said.
"Oh, that's what you mean, I might as well ask. What kind of case is that?
President Gao gave a general account of the case, "The facts of this case are clear, the evidence is sufficient, and if the verdict is fair, in my opinion, the defendant can win the case." ”
"Well, I also think that the chances of winning are relatively large, so let's ask that lawyer (agent) to come and meet with me, and I will introduce him to the president of our civil court, and at least a fair judgment can be made at that time." ”
Under the recommendation of President Gao's classmate, Mr. Zhao took some meeting gifts to visit President Jia of the Civil Division of the Xincheng District People's Court of Huayuan City. ”
"President Jia, do you think we can win?"
Lao Jia didn't answer directly, but just smiled noncommittally.
"The facts are so clear, President Jia, why do you think the plaintiff insists on fighting the lawsuit?" said lawyer Zhao.
"If I were the plaintiff's lawyer, I wouldn't have taken this case, because there was basically no chance of winning the case. Maybe it's because the plaintiff's lawyer hasn't graduated from school for a long time and has just obtained his qualification as a practicing lawyer, and he wants to take this case and become famous, or the opposing party's attorney is purely to earn agency fees, who knows. ”
"It makes a lot of sense, maybe both. President Jia, when are you going to hold the trial?"
"It depends on when your response materials will be ready?"
"Ten days at most. ”
"Then the court will be in ten days, but I still don't think it's worth going to court for such a thing. President Jia said.
"Then what's the solution? If people have to sue, we can only respond to the lawsuit, and we will accompany us to the end!"
"As the parties to the case, you only consider your own interests, which is understandable, but we, as judicial organs, have to consider the effective use of judicial resources. In my opinion, it is better to conduct civil mediation of the case first, and it is not too late to hold a trial if the mediation fails. ”
"President Jia, we listen to you, you can do whatever you say. As the legal counsel of the enterprise, Mr. Zhao believes that it is best to successfully mediate, which will save a lot of trouble and energy in litigation.
"I'll contact the plaintiff and tell them about it, and you wait for my call. ”
After lawyer Zhao left, President Jia of the Civil Court called the plaintiff's attorney and asked him if he was willing to mediate out of court, and the other party said that he would only decide after discussing with the plaintiff.
In fact, how could the plaintiff's attorney not know that the chances of winning this lawsuit were very small? He did not want to make a name for himself through this lawsuit, because everyone in the industry knew that he would not be famous at all by fighting such a civil lawsuit with clear facts. The plaintiff's agent has only one purpose, that is, to earn agency fees, since the client is willing to pay a lot of money to fight the lawsuit, then let's fight, the ugly words have been said in front, no matter whether the lawsuit is won or lost, the agency fee is a lot.
However, when the president of the civil court proposed out-of-court mediation, the plaintiff's attorney was still tempted, and he also believed that more things were better than less.
President Jia further told the plaintiff's attorney that no matter what the purpose, such a lawsuit is meaningless, and if you want to humiliate the defendant and save face, the court cannot support it, because the defendant's actions have never had such an attempt, and as for spiritual comfort, there is no way to talk about it!
The plaintiff's attorney conveyed the meaning of the president of the civil court to the Yang Wenjian brothers as it was, and the other party had a very tough attitude, they did not agree to mediation at all, claiming that the lawsuit had to be fought!
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