Lawyer's character

During the case negotiation process, in addition to laws and regulations, communication on industry conditions is also necessary, because laws do not exist in isolation. Each case has its own particularities and may have industry characteristics.

Lawyers can tell some unspoken rules or industry conditions of the industry involved in the case, which will make the client feel that the lawyer they are looking for not only understands legal knowledge, but also understands industry knowledge, and it is easier to establish a trusting relationship between the client and the lawyer.

If the lawyer doesn't understand the industry conditions involved in the client's case at all, and one talks about the front door building and the other talks about the hip shaft, they are talking about the same thing but on different channels, and the case will most likely not be won.

Of course, there are exceptions, that is, lawyers who are particularly good at deception, or who talk nonsense about the industry. Such lawyers definitely exist, and Zhao Zhongcheng is one. However, the parties involved are not fools. After being fooled into signing an agency contract on the spot, there are many cases where they later regret not paying.

"Lawyer Fang, your conjecture is correct. The mortgage documents produced by the other party during the first instance proved that the developer had already mortgaged the parking space to the bank in order to free up funds. Later, if the money was not paid, the bank would naturally apply for enforcement." Lu Meifeng said.

At this time, Lu Meifeng felt that the slightly greasy middle-aged male lawyer in front of her did have two skills and could understand the situation without reading a few words of the case file.

"According to the first-instance judgment, the court determined that your case does not apply to the provisions of Article 28 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by People's Courts" regarding the exclusion of compulsory execution. The second provision of this provision shall apply instead. Article 17 rejects your objection to execution and supports the bank’s claim. I think the applicable law needs to be discussed,” Fang Yidao said.

Lu Meifeng was confused. Although she was a shrewd person, she did not understand the rules and regulations Fang Yi said: "Lawyer Fang, what do you mean..."

"Let's put it this way, did you sign the parking space purchase contract before or after the court sealed it?" Fang Yi asked.

"It was before the court sealed it, and the bank also admitted in the first instance that the loan and mortgage procedures were handled after I signed the parking space sales contract. The other warrants provided by the bank and the sales contract provided by me have specific times, which can also be proved This." Lu Meifeng said.

"Okay, did you actually occupy the parking space before the court sealed it?" Fang Yi then asked.

"That's right, my two cars always use the parking space. And I installed a ground lock on the parking space, so I can tell at a glance that someone is using it," Lu Meifeng said.

"Well, you have paid the full price for the parking space, right?" Fang Yi said.

"Yes, I have payment receipts and bank transfer records, all in the document bag. They were also submitted for the first instance." Lu Meifeng said.

"The parking spaces are issued by the developer in a unified manner. The reason why the parking space has not been transferred so far is because of the developer. Isn't that right?" Fang Yi said.

"Yes, that's right. The developer has not sent a notice yet, asking me to cooperate in submitting documents to complete the transfer procedures." Lu Meifeng said.

"The questions I asked above are stipulated in Article 28 of the "Regulations of the Supreme People's Court on Certain Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts."

(Article 28 During the execution of monetary claims, if the buyer raises objections to the real estate registered in the name of the person subject to execution and meets the following circumstances and his rights can be excluded from execution, the People's Court shall support it: (1) Seal the property in the People's Court A legal and valid written sales contract has been signed before; (2) The real estate has been legally occupied before the people's court sealed it; (3) The full price has been paid, or part of the price has been paid in accordance with the contract and the remaining price has been delivered in accordance with the requirements of the people's court. Execution; (4) Failure to complete transfer registration due to reasons other than the buyer’s own)

Your case complies with the above provisions, so I think the court of first instance applied Article 27 of the above provisions (Article 27 The person applying for execution has the right to receive priority in the subject matter of execution such as security rights against persons outside the case according to law. People’s The court will not support objections to the exclusion of execution raised by persons outside the case (unless otherwise provided for by laws and judicial interpretations). It is inappropriate to reject your claim, and there is a suspicion of an error in the application of the law. "Fang Yi said.

"But the court ruled that I lost! Do you think the bank had some connections? That's what the lawyer who represented me in the case told me. After all, they are a large state-owned bank, and we are just ordinary people." Lu Meifeng said .

Uh... How can I say this? Chinese people have always had the habit of finding people to do things, especially when huge interests are involved, but the term "finding connections" is a guess after all, and it is difficult to be sure (everything that can be determined has been put in).

"Of course this possibility cannot be ruled out, but I think it may also be a matter of the judge's understanding of legal provisions." Fang Yi said seriously.

"Don't judges just graduate from the law major? Since they all study law, shouldn't they have the same understanding of legal provisions?" Lu Meifeng asked doubtfully.

"It should be said that the vast majority of judges have graduated from the law major, and their understanding of legal provisions is also very similar. But you can't deny that people's understanding of things is different, just like a student taught by a teacher, the test Results vary widely.

In addition, the courts in each region will issue some local guidelines based on the development of the region. Although these guidelines are not laws and regulations, they are more effective than county magistrates. Therefore, cases of same case but different verdicts occur everywhere.

Of course, I think your case is more about the judge's personal understanding. After all, judges need legal support when deciding cases and cannot act recklessly.

The legal environment in the province has improved greatly in recent years. In the past, the situation you mentioned really existed. Taking a step back, can the other side handle all the judges from the grassroots to the High Court? Obviously not. Fang Yi was unwilling to go to the bank to find "connections" because that would imply that the client must find connections to win the case.

Once the client has formed this idea, it doesn't matter whether he entrusts Fang Yi to handle the case. If the client has connections, he can find a small roadside lawyer and pay some money to get the case settled. If the client has no connections, he will go to him. For lawyers with connections, no matter what the outcome is, the case has nothing to do with Fang Yi.

Fang Yi has no connection with the court, so he hopes that the parties will feel that the failure in the first instance is a matter of the judge's personal understanding. At the same time, it also gives the parties confidence that there is a chance of winning the case in the second instance.

"Well, if you say that, I'll understand. Anyway, that's it. If you don't appeal, you will definitely lose, but if you appeal, you won't necessarily lose. Then give it a try!" Lu Meifeng said after a moment.