Lawyer's character

About ten minutes later, Director Wan sent a contract to Engineer Chen. Engineer Chen skillfully operated the software and imported a contract of more than 20 pages into the software and began to review it.

"Please wait a moment, this contract is a bit big, it will take about ten minutes." Engineer Chen said confidently.

Wan Kefa smiled and said nothing. Fang Yi sat next to the director and found that the director's smile seemed to be very meaningful.

"Mr. Zhou, has your team been exposed to the legal industry before? Before making this product?" Fang Yi asked when he saw that everyone was silent and the atmosphere seemed a bit boring.

"No, although we were also doing software before, we have never been exposed to the legal industry." Mr. Zhou said.

"What is the size of the companies currently using your company's products? Which industries are they in?" Fang Yi then asked.

"So far, hundreds of companies are using our software. Many are production-oriented companies, especially in the Yangtze River Delta region." Mr. Zhou said.

"Are there any companies in the investment and financing field or large financial companies among the customers?" Wan Kefa asked.

"This... it's not available yet, but we are investigating the needs of such companies." Mr. Zhou said.

Ten minutes later, Engineer Chen forwarded the exported and reviewed contract to Director Wan.

"Lawyer Wan, this is the legal document after our software review. Please review it." Mr. Chen said with a smile. In his opinion, such a document of more than 20 pages can be completed in ten minutes, which can greatly improve the office efficiency of the law firm.

Wan Kefa turned on the computer and said while looking at it: "The speed is quite fast."

"You see, our software indicates that there are 21 risk points in this contract. The efficiency is quite high!" Engineer Chen seemed to be very satisfied with the effect of the software review.

"Well, your software is very efficient, but the quality of the review is worrying!" After a moment, Wan Kefa said and pushed the computer in front of Fang Yi.

There are many annotations on the contract on the computer, but in Fang Yi's opinion, they are all insignificant annotations and not a big problem. Moreover, although some annotations are prompts in accordance with the provisions of the contract law, they are meaningless in practice.

"Oh? What do you mean?" Mr. Zhou was a little surprised and confused.

Engineer Chen on the side looked at Wan Kefa with eyes filled with doubts and even a little displeasure.

"You will understand after you listen to me." Wan Kefa said with a faint smile: "This contract was drafted by our client's partner with a lawyer. According to the risks prompted by your software, this contract does not need to be changed at all.

But from the perspective of our lawyers, this is not the case, because many clauses in the contract are unreasonable and imply a big trap. It's easy to spot as long as a lawyer pays a little attention. "

"Lawyer Wan, can you point it out? As laymen, we really can't tell." Mr. Zhou was a little unconvinced.

"Let me list for you the most obvious problem point in the contract. Look at Articles 32 and 118 of the contract. There is no problem with these two clauses individually. But after you read them twice, you will compare them. You will find next that these two items are contradictory and cannot be implemented at all.

Once it enters the litigation process, and the public is right and the mother-in-law is right, the judge will most likely not be able to find out the true intentions of both parties, because the contract has been revised repeatedly by both parties and is not a standard contract. In the end, the judge could only decide the case according to industry practice, which was very detrimental to our client.

In addition, regarding the mortgage clause in the contract, your software prompts that according to Article 186 of the Property Law (which has been replaced by the Civil Code), the mortgagee shall not agree with the mortgagor on the debtor before the expiration of the debt performance period. If the debt is not paid when it is due, the mortgaged property belongs to the creditor.

The terms of exile are risky, don’t the lawyers know? The client also knows that the exile clause is risky, and the lawyer also knows it, but why are they still written in this way?

The essence of a contract is to meet the needs of both parties. Although some terms are unreasonable, there is no loss for the customer, only benefits, but the benefits are not certain. So what if it is illegal? Why can't it be written? What if it comes true? Any situation can occur in reality. It is 10,000 times more exciting than textbooks, and the risk is also 10,000 times greater. The more people know the law, the less they care because they know how risky it is.

I will simply give two examples. As for the pitfalls behind the contract, only experienced lawyers can analyze them with the help of their trading habits.

A perfect contract is not a contract that is 100% compliant with legal provisions, but a contract that can satisfy the transaction! "Wanke Dharma.

Mr. Zhou and Engineer Chen were silent for a moment, and then exchanged opinions.

"Well, what you said makes sense. When we originally designed the underlying logic, we only considered legal provisions and did not consider deeper issues.

But so far, our customers are quite satisfied. "Mr. Zhou said in order to save face.

After listening to Mr. Zhou's words, Wan Kefa shook his head gently. He had no intention of giving any face to Mr. Zhou in front of him because he didn't think it was needed.

"Mr. Zhou, as you just said, most of your current customers are manufacturing enterprises. One of the characteristics of these enterprises is that their contracts are relatively simple, and transactions are simple and frequent. This type of contract is very suitable for your software products. But If complex transactions are involved, the underlying logic of your software design will seem useless.

Do you know why your products are difficult to promote in the financial field and investment and financing field?

Because many business contracts in these two fields are non-standard, even standard contracts have been applied and continuously improved for many years. Many terms are deliberately designed to only benefit oneself, and it is difficult to say that they are certain in legal practice. Illegal. So your product cannot be used. "Wanke Dharma.

Director Wan is clearly telling the other party that the AI ​​intelligence you have developed can only review some small contracts, simple contracts, and slightly more complex transactions, and will not be used. Otherwise, the boss will not know that someone has tricked him, and he will not know the truth. It was his luck to lose all his pants.

After listening to what Director Wan said, Mr. Zhou was a little better, but Engineer Chen's face turned green and white, which was very ugly.

Fang Yi saw that the other party was a little hesitant and said hurriedly: "Actually, contract review is a job that seems easy but is actually very hard work. The reviewers need to be very familiar with the customer's industry and know where the risks are.

Every industry has its own risks. Even senior lawyers who have been working for several years dare not say that all contracts can be reviewed (except for some big scam lawyers, of course), so a standard system is used to measure all enterprises. For contracts, only some common risks can be found, and deep-seated risks are difficult to dig out.

In fact, it’s not just your company’s software, it’s all software on the market. In addition, there’s another reason. The law lags behind. This is an indisputable fact. There are many unclear cover clauses in the legal provisions. Sometimes you feel that the terms of the contract are unreasonable, but you can't find the corresponding legal provisions and have no way to follow them. However, the stipulations in the contract are indeed against public order and good customs. I am afraid that this risk will not be detected by that company's software.

Take a recent criminal case I worked on as an example. According to the law, those who sell nationally protected wild animals will be sentenced to more than five years in prison if the circumstances are serious. However, the judge in the case I worked on considered various factors and finally sentenced the defendant. People are suspended.

Of course, your software is for contracts, not criminal cases, but the principle is the same and you must not follow the rules mechanically. "

Although Fang Yi's words were also denying the other party's software, they sounded much more pleasant to the ears. Mr. Zhou looked at Fang Yi and said, "Lawyer Fang, you just talked about criminal cases. When you are doing criminal cases, do you need to search for many legal terms?"

"More than just legal terms, we search more for cases, similar and identical cases." Fang Yi said.

"Retrieval case, can you tell me in detail?" Mr. Zhou stared at Fang Yi with bright eyes.

Engineer Chen on the side seemed to notice something and also looked at Fang Yi.

“Simply put, after we get a case, if it is not a criminal case in a field we are familiar with, in addition to checking the relevant laws and regulations, we also need to check similar cases. The first choice is the judgment of the same type of case issued by the same court in the last year, and then Cases in the same district court, and then continue to expand to cases in the province. Finally, you can check similar precedents of the Supreme Court." Fang Yidao.

"Why is it necessary to check like this? Wouldn't it be simpler and more authoritative to directly check the cases of the Supreme Court?" Engineer Chen asked with a puzzled look on his face.

"There is a saying that county magistrates are not as good as current ones. Cases heard in each province may not necessarily be consistent with the Supreme Court's precedents, but the precedents of the same court within the past year will most likely determine the direction of the same or similar cases." Fang Yidao .

"What about cases in the same area? Will the courts rule this way?" Engineer Chen asked.

"This is not necessarily true. A colleague of mine went to Shanghai for a court hearing last year and provided the court with precedents of the same case. The judge told him that if it was the precedent of this court, he could refer to it, but if it was the precedent of other courts, he would not refer to it at all. Submitting is useless," Fang Yi said.

Engineer Chen looked at Mr. Zhou, and there seemed to be deep meaning in their eyes.

"Lawyer Fang, if there is such a software that allows lawyers to more easily search for judgments in similar cases, would you use it?" Mr. Zhou asked.

"Well, as long as I can find the required judgment, I will most likely use it. It mainly depends on the effect." Fang Yi said.

"Mr. Zhou, do you want to develop a case retrieval software?

In fact, the court system is also working on this. The judgment documents website that was launched before is very good, but this website is only for publicizing judgments, and it is very difficult to search.

If you can develop a software for lawyers that makes it easier for lawyers to query the same or similar cases, it will be more practical than any contract review software you develop.

Nowadays, there are too many cases across the country where the same case is adjudicated differently. Different places have adjudicated different cases. The predictability of the law has been destroyed. Sooner or later, the Supreme Court will take action to deal with it. If you take a small step in advance, you will be a long way ahead of your peers. cut. "Wanke Dharma.

"Well, what you said makes sense. Lawyer Wan, we have suffered from unprofessionalism when developing products before. If we decide to do this project, can you provide professional support?" Mr. Zhou said.

"No problem, but since it is cooperation, support cannot be in vain." Wan Kefa said with a smile.

"That's natural. Let's discuss the details when we go back and talk to you in detail." Mr. Zhou said with a smile.

After seeing off Mr. Zhou and Engineer Chen, Fang Yi followed Director Wan back to the office.

"Lawyer Fang, your clothes are nice and you look like a barrister. Lawyers should pay attention to their own image. They look very good. Keep it up!" Wan Kefa was in a good mood and looked Fang Yidao up and down.

"I ordered this outfit based on my friend's suggestion. From what you can tell, the money was well spent." Fang Yi grinned.

At this moment, Fang Yi's cell phone rang, it was Li Mingbo calling. After Fang Yi greeted Director Wan, he walked out of the office and walked to the smoking room next to the tea room.

The office environment is relatively closed. Not only do some people in Wankefa's team smoke, there are also many lawyers in other teams who are heavy smokers. In order to purify the environment and make it easier for lawyers to indulge in smoking addiction, Wanhua United Law Firm transformed the room next to the tea room into a smoking room.

"Lawyer Fang, are you no longer at Jinshi Law Firm?" Li Mingbo's voice came from the mobile phone.

"Well, I transferred to Wanhua United Law Firm after the Chinese New Year. How are you? Are you still at Zhengyi Law Firm?" Fang Yi asked.

"Well, I'm still with Director Sun. I came to the city and just finished the court session. I was thinking about not seeing you for a long time. I went to Jinshi Law Firm to meet you, but the front desk told me that you had transferred." Li Mingbo said. .

"I'm at Wanhua United Law Firm, not far from Jinshi Law Firm. It's going to be noon soon. Let's get together. Don't move anywhere where you are. I'll come find you right away." After saying that, Fang Yi put away his phone. I went back to my desk to tidy up, then went downstairs to pick up my car and headed to Jinshi Law Firm.

Fang Yi parked the car on the side of the road and waved to Li Mingbo, who was staring at the bus stop not far away. The latter was stunned, then jogged to the front, got in the car, and followed Fang Yi to the restaurant.

After all, Li Mingbo was also an old colleague of Fang Yi, and the relationship was quite good. Since he came to the city and specifically called him, Fang Yi felt that he had to fulfill his friendship as a landlord, so he went to a restaurant that looked like a high-end restaurant. , asked for a single room.

Seeing that after Fang Yi transferred to a big law firm in the city, he got a car and changed his clothes. The Rolex on his wrist was very stylish, and he looked like he wanted to be a good person. Li Mingbo also felt excited in his heart, wondering if it was right. It's time for me to make some moves and move towards the city.

After the food and drinks were served, Fang Yi and Li Mingbo chatted while eating. Because they had to go to work in the afternoon, neither of them drank.

"Lawyer Li, how are you doing at Zhengyi Law Firm?" Fang Yi put down his chopsticks, added some tea to him, and asked.

“It’s still the same, a little worse than when you were there, but overall it’s pretty good.

By the way, you know what? Gu Qingping, director of Fair Law Firm, was arrested for false litigation and was released just last month. "Li Mingbo stopped his chopsticks and said.

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