Lawyer's character

"Sometimes it's not a good thing to go too wild. There was a forced enforcement case before. Our director found a connection and got the debt back. The parties were very satisfied.

But later that relationship was caught, and our director was worried all day long and suffered from insomnia for more than half a year. It was not until that person was sentenced that the matter was over. Fortunately, our law firm was not involved. It’s so suspenseful! "Wang Deyou said.

"There's still this matter! Is your director more restrained now?" Fang Yi asked as he picked up a chopstick of shredded fish-flavored pork.

"Converge! This is a road of no return. Once you step on it, you will never look back. Our director often says that being a lawyer itself means risks, both from above and from the client, and even more from the lawyer's inner desires. risks of.

Therefore, our director has implemented risk isolation for a long time. His children and wife have gone to settle abroad. He often travels between places, and his family’s property has also been disposed of. "Wang Deyou leaned his head and whispered.

"Yo! That's quite a risk. He is prepared to sacrifice one person and have a happy family!" Fang Yi said in surprise.

"Who says it's not the case? It's not easy to make money these days. Who is willing to take out the money that has been put into their pockets? I estimate that in a few years, our director will quit and it will be time to go abroad to enjoy the blessings." Wang Deyou said .

"You have to be careful when handling cases. If someone steals a donkey and you pull out the prong, the responsibility will fall on you in the end." Fang Yi said.

"Don't worry, I've thought about it a long time ago. We don't want to make a lot of money. It's good to make a little money by doing some small business. I won't do high-risk cases.

In fact, there are many lawyers in the firm who want to make a lot of money. Even if I wanted to take on risky cases and make quick money, I wouldn't have the chance. "Wang Deyou chuckled.

"That's good, safety first!" Fang Yi nodded.

During this period, Director Sun worked hard, and the number of cases at Zhengyi Law Firm increased a lot, which eased the competition among lawyers within the firm.

In the past, Chu Huai and Zhao Zhongcheng fought openly and covertly to do more cases and get more commissions. Now there are more cases. The four salaried lawyers are mainly Zhao Zhongcheng and Li Mingbo. Chu Huai has been helping Sun Zhongcheng. The director develops case sources. Although he is not assigned many cases, if a case is brought in, he will also receive a commission.

Only Fang Yi is more aloof, because he does his own cases every month and brings much more income to the law firm than the salary Director Sun pays him. Fortunately for Director Sun, Fang Yi turns a blind eye, as long as As long as I don't change offices, I can do whatever I want, and my salary will never be deducted when I go to handle cases.

Zhao Zhongcheng has long been accustomed to this. Who knows that someone with his own case source can bring income to the law firm. But Chu Huai didn't think so. He felt that he had brought a case to the law firm, but had to clock in every day. For this reason, he secretly visited Sun Zhengyi several times and wanted to give Fang Yi eye drops.

But Director Sun's attitude towards Fang Yi was like the general manager of a sales company towards Sales Champion. As long as he didn't leave, everything could be discussed.

Among all the people in the office, I am afraid that only Lee Myung-bak, the "axis" man, is the most worry-free. He does not "worry" about anything except handling cases. In fact, he has no time to worry because his time does not belong to him, but to Director Sun. Wherever Director Sun pointed, he rushed to where he pointed.

Fang Yi felt that if Director Sun asked him to follow him to visit the legal advisory unit on New Year's Day, he would probably buy gifts without hesitation and follow the director's lead.

In the entire law firm, the two people Fang Yi admired the most were Li Mingbo and Director Sun. One was stubborn and stubborn, while the other was very perseverant. Every time Lawyer Li was complained about, it was Director Sun who stepped in to handle it, a veteran firefighter.

At the beginning of autumn, Li Song's administrative litigation case was opened.

Li Song's case was heard by a female judge alone, and the defendant district public security bureau sent a male police officer and a handsome male lawyer as agents.

Fang Yi guessed that Fang Daer's male lawyer was the legal adviser of the Public Security Bureau.

…

"Plaintiff, please state your claims, facts and reasons." the female judge said.

"Litigation claims: 1. To revoke the "Administrative Penalty Decision" made by the defendant against the plaintiff (Xingfangjuezi [2013] No. 10113); 2. The litigation costs of this case shall be borne by the defendant.

Facts and Reasons: The plaintiff was verbally summoned to the defendant by the defendant on June 3, 2013. The defendant then conducted a urine test on the plaintiff. Since the plaintiff’s urine test was positive for morphine, the defendant determined that the plaintiff had sex on June 1, 2013. Smoking D at home, and in accordance with the provisions of Article 72 (3) of the "Public Security Management Punishment Law of the People's Republic of China", an "Administrative Punishment Decision" (Xingfangjuezi [2013] No. 10113) was issued, and the decision was made The plaintiff was detained administratively for fifteen days.

According to the provisions of Article 30 of the "Administrative Punishment Law of the People's Republic of China", 'If citizens, legal persons or other organizations violate administrative order and should be given administrative penalties in accordance with the law, the administrative agencies must ascertain the facts; if the illegal facts are unclear, No administrative penalties shall be imposed. ’

In this case, the defendant determined that the main evidence that the plaintiff smoked DP at home was the plaintiff’s urine report. Without further ascertaining the facts, the defendant concluded that the plaintiff had smoked DP at home on June 1, 2013. The facts Unclear, insufficient evidence. Request the court to support the plaintiff’s claim. complete. "Fang Yi said.

The indictment was completely written by Fang Yi, because the only material the party could provide was the "Penalty Decision" and no other materials. Therefore, Fang Yi had no choice but to write it. The details could only be determined by the evidence provided by the other party during the trial.

Fang Yi’s classmate who worked in the Beijing Court told him that according to Article 32 of the Administrative Litigation Law, the defendant bears the burden of proof for the specific administrative act and should provide the evidence and basis for the specific administrative act. normative documents.

So Fang Yi bet his money on the evidence provided by the defendant. If he can find one or two fatal loopholes, he can win the case. If he can't find it, then there is nothing he can do and he is willing to admit defeat.

"The defendant will plead." The female judge looked at the defendant's box.

“The defendant disagrees with the plaintiff’s claim for the following reasons:

After the defendant verbally summoned the plaintiff to the case handling site, he collected the plaintiff's urine on the same day and tested it on site. The test result was positive for morphine.

Afterwards, the defendant questioned the plaintiff, who admitted that he had smoked DP at home two or three days ago. Therefore, the defendant issued an "Administrative Penalty Decision" to the plaintiff based on the interrogation transcript and inspection report.

In the process of issuing the "Administrative Penalty Decision", the defendant did not violate relevant regulations, the facts were clear, and the procedures were proper. It is the plaintiff's request for the court to reject the lawsuit in accordance with the law. complete. "On the other hand, the big-eared male lawyer said confidently.