Although there were some doubts, the eldest son and daughter of the old man surnamed Li still chose to trust their brother, and this face-to-face mediation presided over by the judge, because the two sides still had differences, it was impossible to reach any consensus, and finally broke up unhappily. The judge announced on the spot that the hearing would be held on a later date, and the parties would go back and wait for notice.

Back at the unit, lawyer Zhao immediately reported the mediation situation to Guan Yuntian, "The two mediations were inconclusive, and the judge announced that the trial would be held at a later date." ”

"Hmph, I also have a hunch that the mediation will not have a result, otherwise, the other party will not do it on purpose, since they are sincere and rebellious, they must have premeditated, and they will not give up easily if they can't take advantage. Guan Yuntian is not surprised by the outcome of the mediation.

"Mr. Guan, through the in-depth study of the case in the past few days, I have a suggestion, it is better for us to take the initiative. Lawyer Zhao suggested.

"Your suggestion must be reasonable, how to take the initiative to attack? As long as it is beneficial to the case, you can just look at it. "Guan Yuntian said.

"Before the trial, let's make a counterclaim with him, suing the children of the elderly surnamed Li for violating the pension agreement, and asking the court to support the claim of the elderly service center. ”

"If you think it's going to help the senior center win the case, go for it. ”

First, because of the cooperative relationship with Changda Group for nearly 20 years, Lao Zhao and Guan Yuntian have long become good friends, and secondly, because of Changda Group's generosity to Mingjie Law Firm, not only the annual consulting fee can be fully received at the beginning of the year, but also with the rise of CPI, in the case that the firm has never asked for it, Changda Group has taken the initiative to increase this expenditure year after year, and this fee has accounted for 30% of the total income of the entire firm for many years, so lawyer Zhao treats every case entrusted by Guan Yuntian as his own business.

As far as the legal dispute encountered by the elderly service center in H City is concerned, through analysis, lawyer Zhao believes that if all the materials provided by Guan Yuntian are true, the service center is indeed not at fault, and not only is the accusation made by the children of the elderly surnamed Li in the complaint unreasonable and unfounded, but also the three sisters should bear all the responsibility. Based on this alone, Lao Zhao and his colleagues believe that a counterclaim should be filed.

The firm's lawyers were all too familiar with civil cases, and it took only three days for a counterclaim to be delivered to the same court.

"Yo, I was about to inform you to attend the hearing in two days, but you sent a counterclaim, what does that mean?" the presiding judge was a little confused by the sudden situation.

"The facts of the case are very clear, our client has done nothing wrong, and has been dutifully providing services to the elderly in accordance with the relevant regulations of the elderly service center, when his family is in arrears, and has advanced funds to treat his illness, until he handles his funeral. As you can see, the two mediations organized by the court were inconclusive, and since they did not budge, my client had to countersue the three siblings. Lawyer Zhao explained.

"It makes sense, I also think that the three brothers and sisters are unreasonable, they mediated twice, and their attitudes are very stubborn, which can be described as oil and salt. The presiding judge not only accepted the counterclaim submitted by Mr. Zhao, but was also very dissatisfied with the behavior of the Li siblings.

According to the procedure, the court served the counterclaim summons on the Li siblings the next day and informed them to respond to the lawsuit within a time limit.

A week later, before the trial officially began, the judge asked the Li siblings if they wanted to hire a lawyer, but in order to save money or to be confident in their legal knowledge and oral communication skills, the three siblings decided to defend themselves.

After the trial began, the original defendant first made a statement about what happened, and it was clear that the statements of the two sides were very different. Entering the courtroom debate stage, the presiding judge asked, "Plaintiff, did the defendant notify you when your father's illness worsened?"

"I informed him that they wanted to change him to a medicine with better efficacy. ”

"Well, that's something that both sides say. Plaintiff, did you agree to change the dressing at that time?"

"I didn't agree or object at the time. The second child of the Li family said.

"Your father's condition has worsened, and the doctor has suggested a good medicine for him, why don't you agree?" said the presiding judge.

"Because I don't have any money, I need my brother and my sister to pay for good medicine for my father, so I have to discuss with them, and they agree before I can express my position. ”

"Did you ask your brother and sister for their opinion? What did they say? Did you call the senior service center back after that?"

"This ...... Because I was busy at the time, I forgot about it and neither discussed it with my brother or sister, nor did I contact the elderly service center. ”

"So, in order to stabilize the condition of the elderly, the elderly service center took it upon themselves to change the good medicine for the elderly, don't you approve of this?"

"Yes, it is obviously against our will to make decisions for us without our permission, so we do not approve of it. ”

Lawyer Zhao immediately took over, "According to Article 7 of the service agreement signed between the family and the elderly service center when the elderly settle in, if the elderly suddenly fall ill and cannot contact their family members or relatives temporarily, in order to save the lives of the elderly, the elderly service center has the right to take necessary measures so that the elderly can receive timely treatment. Therefore, my client acted in accordance with the terms of the agreement and was not at fault. After speaking, Lao Zhao presented the agreement to the presiding judge.

"Who is the plaintiff to come over and see if this is the settlement agreement that you signed in person?"

Because it was the second child of the Li family who sent his father to the elderly service center, he naturally signed the agreement with the service center, and when he arrived, the judge took the agreement and turned to the signature page to let him identify whether it was signed by him in person.

The second child of the Li family knew what he had done, and he knew best in his heart, so he only glanced symbolically at the signing page of the agreement, "That's right, I signed it." ”

The judge put away the evidence, "Please come back to your seat." Since the service center acts in accordance with the agreement between the two parties, their approach deserves your approval. The court is a place where reason is convincing, and I would like to remind everyone to remain calm and not to be rash. ”

The boss of the Li family is still not convinced by this, "Just now the defendant's agent said very clearly, the agreement stipulates that the family of the elderly cannot be contacted for the time being, and necessary measures can be taken. ”

Lawyer Zhao took over again, "My client has not only contacted you, but also contacted you many times, but unfortunately, the phone number you left behind cannot be reached at all. Mr. Judge, if necessary, we can provide human and material evidence in this regard. ”

"In order to find out the truth, of course, it is necessary for witnesses to be present to testify, and the physical evidence of the defendant should also be submitted. ”

The bailiff notified Manager Xiao of the elderly service center, who was waiting outside, to enter the trial scene, and the judge asked several relevant questions, and the witnesses answered them one by one. The physical evidence is the communication records retrieved by the law firm's investigators from the communications company, which shows that the landline phone of the service center and the mobile phone of Manager Xiao made forty or fifty calls to the contact number left by the second child of the Li family on the agreement during that time, and the results show that none of them passed. The witness testimony was completely consistent with the physical evidence, and in the face of the facts, the second child of the Li family had no choice but to bow his head.

"Second brother, what's going on? Why can't people contact you during that time?" asked the eldest son and daughter of the Li family.

"This is the courtroom, the trial is underway, can I go home and talk to you about my private affairs?" said Li Laoer, almost pleadingly.

The presiding judge saw the clue, "Knowing that this is a courtroom, it seems that there is still a bit of a legal concept, but I want to remind both sides that all details related to the facts of the case must be truthfully stated, otherwise, once verified, they will be punished for the crime of failing to report the knowledge and deliberately concealing evidence." ”

Li Lao's eldest brother and sister of course understand this brother's character, they have a hunch that there is something hidden, according to their brother's character, the brother and sister feel that even if they go out of the court and return home, this brother will not tell them the truth, in this case, it is better to be intimidated by the majesty of the court and let him tell the truth.

Following the judge's words, Boss Li deliberately said: "Second brother, as long as it helps to clarify the facts of the case, we have to cooperate with the court, do you have anything unspeakable?"

"As long as it is related to the facts of the case, the unspeakable concealment must be truthfully stated, and there must be no concealment!" the judge solemnly pointed out.

The scene fell into a short silence, and after about two or three minutes, Li Lao Er drooped his head and said: "Because I had some personal disputes with people in the society, they were looking for me everywhere at that time, and there was no way, so I could only hide elsewhere for the time being and turn off my mobile phone." ”

"So, the senior service center has contacted you many times, but you have not been able to reach you, is that true?" asked the presiding judge.

"Maybe that's it. "Li Lao Er is like a deflated ball.

Judging from the trial situation, Lawyer Zhao's counterclaim proposal is too correct, and the current Li Lao Er looks like a plaintiff! He is simply an out-and-out defendant!

Now that the first point of contention between the two sides has been resolved, the elderly service center has acted in full accordance with the agreement, and on the one hand, it has allowed the elderly to receive timely medical treatment, and at the same time, it has also fulfilled its responsibility to inform the family, and the accusations made in the plaintiff's complaint are completely unsubstantiated!" the presiding judge announced in a loud voice.

Boss Li was obviously unwilling to stop there, "Mr. Judge, the problem just now is because we don't know the truth of the matter, there is a lack of in-depth communication between the brothers and sisters, we don't understand the whole situation, and we complain about our recklessness. However, when our old father's illness worsened and he became critically ill, the elderly service center failed to get in touch with us, resulting in our failure to send filial piety to the elderly. ”