Lawyer's character
Chapter 211 Two swords combined
"Before the trial, the plaintiff applied to this court to obtain the registration record of this mobile phone number. Now I will show it to both of you for cross-examination." The round-faced male judge said and asked the clerk to give the obtained materials to the plaintiff and defendant respectively. .
"We agree with the evidence obtained." Fang Yi glanced at the registration record and said with a smile.
Zhao Yuejiao looked at the materials in her hands and felt a little stupid.
"Defendant, according to the materials we obtained from the communications company, this mobile phone number was registered with your personal identity document. Is this mobile phone number yours?" The round-faced male judge looked amused.
"I... I lost my ID card before. Someone else should have used my ID card to apply for a number." Zhao Yuejiao used her brain to come up with such an answer.
"Do you have any evidence that your ID card was lost? When was it lost? Submit additional evidence before the court. If you don't submit it, you will bear the legal consequences of being unable to provide evidence." The round-faced male judge said coldly.
"Judge, why do you only ask me, why don't you ask them? The plaintiff deceived people into doing beauty treatments. His technique and craftsmanship are not up to par. The spots on my face have been treated five or six times but they haven't been done. Why don't you ask?" Zhao Yuejiao He said angrily.
"Defendant, let me explain to you that this case is about the plaintiff's lawsuit against you for infringement of your reputation. If you think the plaintiff has defrauded you, you can sue separately, which is not within the scope of this case. I understand. Right." The round-faced male judge explained.
"I understand!" Zhao Yuejiao was a bit anxious just now. After calming down, although she was angry, there was nothing she could do.
"Plaintiff, what is the basis for the amount of compensation you request? Is there any evidence?" The round-faced male judge turned to look at Fang Yi.
"There is no evidence, but the defendant's false remarks among the owner group did cause some damage to the plaintiff's reputation and lowered the plaintiff's social evaluation." Fang Yidao.
Fang Yi inquired and found out that Sun Yuanyuan's beauty salon was not very well-known in the county. Although the decoration was very good, the technology was not flattering, so there were not many customers at ordinary times. Basically, the customers were mainly acquaintances. Zhao Yuejiao's remarks while walking I'm afraid there's only a handful of damage it can do to Sun Yuanyuan and her Liangmei Beauty Salon, and at best it can only add insult to injury. Fang Yi really couldn't provide any evidence to quantify the amount of losses.
…
"Now let's make the final statement. The plaintiff will make the final statement." The round-faced male judge said.
“…The plaintiff believes that WeChat groups composed of people with no specific relationship have the nature of a public space, and citizens posting insulting, slanderous, slanderous or derogatory remarks about others in such WeChat groups constitutes an infringement of reputation rights and should bear legal liability according to law.
According to Article 101 of the General Principles of the Civil Law of the People's Republic of China, citizens and legal persons enjoy the right to reputation, and citizens' personal dignity is protected by law. It is prohibited to damage the reputation of citizens or legal persons by means of insults, slander, etc.
Article 120 stipulates that if a citizen's right to name, portrait, reputation, or honor is infringed upon, he or she has the right to demand an end to the infringement, restoration of reputation, elimination of the impact, apology, and compensation for losses. If a legal person's right to name, reputation, or honor is infringed upon, the provisions of the preceding paragraph shall apply.
Regarding the economic losses caused by the infringement of the reputation of Liangmei Beauty Salon, although Liangmei Beauty Salon was unable to provide relevant evidence and could not prove the actual amount of economic losses, Liangmei Beauty Salon carried out business activities at the bottom store at the gate of Wanyue Community.
The defendant’s inappropriate remarks in the WeChat group of owners of the community will inevitably have a negative impact on the operation of Liangmei Beauty Salon. Therefore, for Liangmei Beauty Salon’s request, the court is requested to comprehensively consider the defendant’s degree of fault, the content of the infringement and the resulting The impact of the infringement, the duration of the infringement, the actual business conditions of the beauty salon and other factors will be supported. Sun Yuanyuan’s mental injury consolation payment should also be determined based on the above factors.
Now the plaintiffs Sun Yuanyuan and Liangmei Beauty Salon require the defendant Zhao Yuejiao to apologize, compensate for losses and mental damage consolation money based on the infringement of reputation rights. This is in line with the above legal provisions and the court is requested to support it in accordance with the law. complete. "Fang Yi said.
…
After Fang Yi walked into Zhengyi Law Firm, he was immediately called into the office by Director Sun.
"What? I represent my relatives in this village for free, and this is not allowed? Does that article say that free representation is not allowed?" After hearing what Sun Zhengyi said about the complaint, Fang Yi felt confused and depressed. .
"Don't worry! Isn't this the Lawyers Association asking us to come over tomorrow to discuss this matter? I think it won't be a big problem if everything is explained clearly.
Complaining about unfair competition is indeed a bit nonsense. But the people from the Lawyers Association also said that they need to go through the motions. After all, someone has complained and they have to deal with it. Don't worry!
In addition, I invited people to dinner in the evening and asked about it again. I always felt that it was not simple. When it comes to litigating for relatives and friends for free or only charging a small labor fee, basically in that law firm Yes, no one has complained for so many years, but you have been complained about. I think there is something strange in this. "Sun Zhengyi touched his chin and thought.
"Well, I think so. I don't have a court date tomorrow, so I'll go to the Lawyers Association with you." Fang Yi calmed down and thought for a moment.
"Have you heard?" When he was about to get off work, Chu Huai mysteriously walked up to Zhao Zhongcheng and bumped him with his shoulder.
"What did you hear?" Zhao Zhongcheng glanced at Chu Huai impatiently.
There have been more cases recently and everyone is busy. Zhao Zhongcheng's mood has improved a lot. At least he doesn't have to be jealous of others for taking on more cases and earning more commissions.
People are like this. When everyone is making money, no one will be jealous of others or gossip about others. Once the business is less and the distribution is uneven, some people earn more and some earn less, it will naturally happen. Gossips are flying all over the place, and the air is filled with the smell of jealousy. This is called "not worrying about scarcity but worrying about inequality."
"Our law firm and Fang Yi have been complained about. I heard this from a buddy who works in the Lawyers Association this afternoon." Chu Huai gloated.
"Complained? Why? Is the case messed up, or is it because the money was collected but nothing was done?" Zhao Zhongcheng was startled and then asked.
"No, it's because Lawyer Fang represented a case for free and was complained of unfair competition. It was Lawyer Fang who originally caused the trouble, but unfortunately it involved our law firm." Chu Huai said with a half-smile.
"Representing the case for free? No, that's not true. Lawyers are not stupid. If an ordinary client, even Lawyer Fang, wants to be represented for free, Director Sun will not agree. I don't think this matter is that simple." Zhao Zhongcheng rolled his eyes and said.
"I don't know exactly what happened, but according to rumors, Fang Yi will most likely be punished this time. If he is punished, the law firm's reputation will also be affected. I guess Boss Sun will ask him for help. statement.
Old Zhao, you will be the backbone of our law firm by then. I will be the source of cases outside, and you will take over the cases at home. If we combine our two swords, we will definitely be able to conquer the world. " Chu Huai chuckled.
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