Lawyer's character

Maybe he was tired of reading the material, or maybe he was addicted to smoking. Xie Youhe took off his reading glasses, stretched, and then looked at Fang Yi: "Come on, why don't you smoke one?"

Looking at Xie Youhe's expression, Fang Yi knew that he must have something to say, so he followed him to the terrace.

“Lawyer Li’s communication skills were so poor that I assigned him a case, but he spent a long time communicating with the client and couldn’t understand it, so the client complained to me.

The client said that Lawyer Li was full of French and French, and he was really professional, but he could not understand a single sentence. He could not understand a question after asking a question for a long time. He could only follow what was written, and communication was too laborious. Later, I talked to Lawyer Li about this matter, and he told me that he only knew how to handle cases and was not good at communicating with clients.

What lawyers rely on to handle cases is communication, communication with the judge and communication with the parties. Without communication, how will the case be handled if even communication is a problem? How can you make money if the parties involved can't settle the matter?

I don't ask him to talk to people about other people or to talk about ghosts. Of course, he doesn't have that ability. But at least I should be able to convert French into a language the other party can understand. Not every client has graduated from law school, and they don’t understand those literal-minded laws..." Xie Youhe took a deep drag on his cigarette and then complained.

Uh... Fang Yi was a little surprised. He finally found a lawyer after choosing from thousands of people. The conditions were quite good in all aspects, but it turned out that the problem was communication.

"Lao Xie, let me give you a suggestion. When recruiting lawyers in the future, look for those who have practical experience and must have cases. Academic qualifications are not actually the most important.

This kind of people have been screened out, and there should be no major problems with their abilities in all aspects. You can work as soon as you come here, and you can share some of the workload between us. Fang Yi thought for a while while smoking.

"Well, I think so too. Lawyers are made, not learned. It is a very practical profession, just like doctors. I know this.

I didn't want to recruit someone younger because it would be convenient for business trips, but who knew it would be like this. Boss Gu gave us two places in the litigation team this time. We can choose one of the two places. Even if one of them fails, we will not be afraid. "Xie Youhe nodded.

"Okay, don't think so much. Keep recruiting people, otherwise we will have to end up sooner or later." Fang Yi said half-jokingly.

"Hey! This is the only way. By the way, how did you feel about following Sima Jun to the client company this morning?" Xie Youhe suddenly asked.

"The client had some minor problems, labor disputes. I went to the door to answer legal consultations. It's nothing serious." Fang Yi said.

"I'm not asking you this, I'm talking about Sima Jun. Isn't she embarrassed?" Xie Youhe asked in a low voice with a sly look.

"No! What's wrong?" Fang Yi was confused and didn't know what Lao Xie meant.

Since the last time he followed Sima Jun to the client's company, Sima Jun often asked Fang Yi to follow him to the customer's company, and Fang Yi almost became her follower.

"Well, okay! In the past, only Boss Gu in our team was willing to communicate with her, and now we have you. Thank God, it's not easy!" Xie Youhe said.

"Old Xie, I have something I don't know whether to ask or not." Xie Youhe's words made Fang Yi feel a little strange and he said.

"What's the matter? Tell me." Xie Youhe looked at Fang Yi with his cigarette between his fingers.

"Why aren't you willing to communicate with Lawyer Sima? Is it because she doesn't express her emotions?" Fang Yi asked.

"Well, how should I put it? Sometimes cooperation between lawyers depends on their aura. If the auras of two lawyers are not harmonious, it will feel very awkward to cooperate.

Let me tell you this, it’s not that I don’t want to communicate with her, it’s that I don’t have a harmonious atmosphere and I really can’t communicate with her. When I go to meet clients with her, I always feel very awkward. Especially on the way back and forth, neither of them spoke while sitting in the car. It was like being in jail. It felt very depressing.

Now that you are here, the problem is solved. "Xie Youhe thought for a while and said with a smile.

Fang Yi finally understood. You all can sacrifice my happiness by co-authoring it. He was completely speechless!

After a while, Fang Yi wanted to persuade Xie Youhe to prevent himself from being really regarded as a follower by Sima Jun, so he said: "Lawyer Xie, Sima Yi once said: Look at a person's shortcomings, there is no one in the world who can be trusted. Look at a person's strengths, Everything in the world is my teacher.

Although there are many things about Lawyer Sima Jun that are not...perfect, she has strong professional ability, which is her strength. You can't always focus on her shortcomings. She still has merits. The more you interact with her, the better. knew. "

After hearing this, Xie Youhe stared at Fang Yi and looked him up and down. Fang Yi felt terrified: "Xiao Fang, you are still knowledgeable. I don't know if Sima Yi said that, but I definitely don't believe it."

"Why?" Fang Yi looked at Xie Youhe stupidly and asked.

"Because both of them are surnamed 'Sima' and they are from the same family. Of course they are loyal to their own family. What they say cannot be trusted!" Xie Youhe said seriously.

Fang Yi stared and was speechless. He was shocked by Xie Youhe's bullshit theory! Then it became messy in the wind on the terrace.

After a moment, Xie Youhe chuckled: "I'm just kidding you, I only believe that birds of a feather flock together and people belong to different groups. People who are not of the same type cannot get together and become friends. Colleagues are just colleagues after all!"

A week later, Liu Qiaoling's case came to court.

Opposite Fang Yi sat two prosecutors, one male and one female, who were making preparations for the trial with serious faces.

Perhaps thinking that Liu Qiaoling's case was relatively simple, the court did not form a collegial panel, but a male judge (judge) in his forties acted alone.

…

"We are now conducting court investigation and asking the prosecutor to read out the indictment." The male judge said with a serious face.

"The defendant Liu Qiaoling, female, Han nationality, with a high school education, lives in.... She was criminally detained on May 23, 2014 on suspicion of committing the crime of theft, and was released on bail by this court on June 20 of the same year pending trial.

The case was investigated by the County Public Security Bureau and was transferred to this court for review and prosecution on June 5, 2014 because the defendant Liu Qiaoling was suspected of theft. After accepting the case, the court informed the defendant on the next day of his right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment. He interrogated the defendant in accordance with the law and reviewed all case materials.

After legal review, it was found that:

On April 12, 2014, the defendant's husband Pan Bao was arrested by public security officers for selling DP. The stolen vehicle in this case, the Toyota Reiz sedan, was impounded in connection with the case.

At about 9:00 on May 22, 2014, Liu Qiaoling came to the backyard of the Public Security Bureau. Without going through any formalities for returning the vehicle involved, she used another key of the Toyota Reach to park the vehicle involved in the carport. The impounded red Toyota Reiz sedan drove away. He was later captured by public security officers.

The evidence to establish the above facts is as follows:

1. Detention decision letter, seizure list, description of the situation, household registration information, certificate of no criminal record, etc.;

2. Defendant Liu Qiaoling’s confession and defense;

3. On-site inspection (inspection) records;

4． Internal surveillance video of the Public Security Bureau;

5. The prosecution process.

The above evidence collection procedures are legal and the content is objective and true. The defendant Liu Qiaoling had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court believes that defendant Liu Qiaoling’s behavior has violated the provisions of Article 264 of the Criminal Law of the People’s Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. She should be held criminally responsible for the crime of theft.

In view of defendant Liu Qiaoling’s truthful confession, guilty plea and acceptance of punishment, it is recommended that Liu Qiaoling be sentenced to three years and six months in prison. According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law.

The indictment has been read out! "The male prosecutor said.

Fang Yi understood that the so-called "confession and punishment" was just Liu Qiaoling's delaying strategy. If she really confessed, she would not spend any more money on a lawyer.

"Defendant, did you hear clearly the indictment just read out by the prosecutor?" the male judge asked.

"Listen clearly." Liu Qiaoling, who was sitting in the defendant's box, replied.

"Do you agree with the charges charged by the prosecutor? Do you have any objection to the criminal facts charged in the indictment? What objections do you have?" the male judge said in a routine manner.

"I have no objection to the facts of the crime, but I do not agree with the charges charged by the prosecutor. The public security department has determined that the car is the legal property of my family, and the Toyota has been returned to me. My behavior was not theft." Liu Qiaoling said confidently.

What? Don’t admit it! That's not what I said when I asked you. The two prosecutors looked at the defendant Liu Qiaoling with black eyes. Sister, do you know how much workload this will increase for us? You think the sentence is short, right? talk! How about we change it to ten years in prison for you!

I thought it was just a matter of going through the procedures and then finishing the case smoothly, so I went back to eat hot pot and sing songs to start the next case. However, I encountered problems at the beginning of the trial. It was strange that the two prosecutors felt so comfortable.

The male judge's expression was as usual, perhaps because he had seen a lot of things and was used to it: "The prosecutor can question the defendant about the criminal facts charged in the indictment."

"Defendant Liu Qiaoling, now we are questioning you. You must answer truthfully and you must not hide anything. Do you understand?" The tone of the male prosecutor was obviously not very friendly. It’s weird to be friendly!

"Understood, I will answer truthfully." Liu Qiaoling lowered her head, not daring to look at the prosecutor. She knew that the other person's face must be ugly.

"When you went to the backyard of the public security agency to drive away the Toyota car, did you know that the car had been impounded and was involved in the case?" the male prosecutor asked in a serious tone.

"I know. But..." Liu Qiaoling wanted to argue, but was ruthlessly interrupted by the prosecutor.

"What am I asking you? You only need to answer yes or no, you know or you don't know. There is no need to defend. Do you understand?" the male prosecutor said dissatisfied.

He didn't want to give Liu Qiaoling any room for free play, lest things get out of control again.

"Understood!" Liu Qiaoling said hurriedly, not wanting to get into trouble.

"Did you notify the public security organs when you drove away the Toyota car? Are there relevant approval procedures?" asked the male prosecutor.

"The public security organs were not notified, and there were no approval procedures," Liu Qiaoling said.

"The materials submitted by the public security department show that you were arrested at the bank. Why did you drive to the bank?" the male prosecutor asked.

"I owe a bank loan and want to use the car to pay off the debt." Liu Qiaoling said.

"I'm done asking!" the male prosecutor looked at the judge and said.

"Does the defendant's defender need to ask questions to the defendant?" the male judge asked calmly.

"I need to ask a question." Fang Yi said.

"The defender will ask questions next," the male judge said.

"Defendant Liu Qiaoling, for what purpose did you steal the vehicle involved?" Fang Yi asked.

The reason why he asked this was very simple. He wanted Liu Qiaoling to say what he had just said. There is no love without reason in this world, and there is no theft without reason. Whether it is robbing the rich to give to the poor or committing crimes, there should be an incentive.

"That Toyota car was bought by my family with a bank loan last year. I originally wanted to work hard for a year to earn some money and pay off the car loan, but who knew that my husband was caught selling drugs and couldn't repay the loan. I had no choice, so I If you want to pay off your debt with a car, give the Toyota car to the bank," Liu Qiaoling said.

"That is to say, the Toyota car you drove away in this case was mortgaged, right?" Fang Yi asked.

"Yes, the mortgage was registered at the Vehicle Management Office. The public security organs have investigated this matter." Liu Qiaoling said.

"Are the Toyota cars still in the public security organs now?" Fang Yi asked.

"No, the public security agency has returned the car to me. It went through the normal procedures." Liu Qiaoling said.

"Then why didn't you apply to the public security organ to return the vehicle? Instead, you took extreme measures to drive away the Toyota?" Fang Yi asked.

"At that time, the bank was pressing hard and wanted to sue me. I really had no choice but to do stupid things in a moment of impatience." Liu Qiaoling said.

"Judge, I'm done asking!" Fang Yi said.

"The prosecutor will present the evidence below," the male judge said.

"The first piece of evidence is a set of evidence, including a seizure decision, a seizure list, a description of the situation, household registration information, a certificate of no criminal record, etc., which proves that the stolen vehicle belongs to the vehicle involved in the case and was a vehicle seized by the public security organs according to law at the time of the theft. The defendant He has no criminal record,” the male prosecutor said.

"What objection does the defendant have to the evidence?" the male judge asked.

"No objection!" Liu Qiaoling said.

"What does the defendant's defender have to say about the evidence?" The male judge looked at Fang Yi.

"I agree, no objection." Fang Yi said.

"The prosecutor presents the second piece of evidence." the male judge said.

"The second piece of evidence, the defendant Liu Qiaoling's confession and defense, proves that she stole the vehicle involved in the case and went to the bank to pay off the debt." said the male prosecutor.

"What objection does the defendant have to the evidence?" the male judge asked.

"No objection!" Liu Qiaoling said.

"What does the defendant's defender have to say about the evidence?" The male judge looked at Fang Yi.

"I have no objection to the second piece of evidence," Fang Yi said.

…

The evidence presented by the prosecutor was verified one by one. Both Liu Qiaoling and Fang Yi agreed with the facts of the case and had nothing to say. The controversial point in this case is the determination of crime.

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak next. "The male judge said.