Lawyer's character

"This case has been going on for more than a year, and I almost forgot about it. Two days ago, the client suddenly came to me for a drink, and I asked him what happy news he had. He said that the judge who was in charge of his company's intellectual property case had been convicted of a civil violation of the law. The case was opened for investigation by the procuratorate.

During the investigation, the Procuratorate conducted an investigation into the plaintiff in the case, that is, the other company, its attorney, and relevant personnel of the law firm.

The other party admitted that their company’s lawsuit against my client’s computer network domain name infringement of trademark exclusive rights was the idea of ​​a lawyer from the law firm, and that they maliciously colluded with him to deliberately create a false lawsuit. Their purpose was to use judicial means to file a lawsuit. The trademark held by his company facilitates the recognition of well-known trademarks, and the relevant evidence in the trial was forged under the instruction of the lawyer.

Later, the Procuratorate requested the Provincial People's Procuratorate to protest on the grounds that the case involved false litigation. After the Provincial People's Procuratorate filed a protest, the Provincial Higher People's Court accepted the case and ordered the Intermediate People's Court to retry it.

After a retrial, the Intermediate People's Court supported the prosecution's grounds for protest and determined that the case was a false lawsuit. It ruled to reject all the other party's claims and admonished the other party in court.

My client is relieved! "Huang Yuanchao said.

"How did the law firm and the lawyers deal with it?" Wan Kefa asked.

"The procuratorate handed over the lawyers and law firms involved in the case to the public security organs for handling in another case. It is said that the law firm took away all the responsibilities, and the parties passed all the responsibilities to the lawyers. The lawyer who handled the case refused to defend himself and took full responsibility. Then he was sentenced to more than two years. .The lawyer's license was also revoked.

The legal representative and legal manager of the plaintiff company were also sentenced. "Huang Yuanchao said.

"Let me see, this matter may not be entirely the lawyer's responsibility. It is possible that the client had a back-up plan and pushed the lawyer to take the blame." Wan Kefa snorted coldly.

"Is it possible? Shouldn't the lawyer be more professional than the client?" Fang Yi asked doubtfully.

"Lawyers are only professional in law. When it comes to tricks and flattery, they can't keep up with business people. They are all talented people, especially bosses who can make the business bigger. Those people did not grow up from intrigues. Lawyers are far behind. ." Wan Kefa said.

"What the boss said is absolutely true. The lawyer who took the blame is said to be a salaried lawyer. He has only been working for a few years and the clients are not his. How could he give others ideas to make false lawsuits? There is a 1,000% chance that he will be fooled. , and there is no evidence. I can only take the blame." Huang Yuanchao added.

"Insidious! It's so dark." Fang Yi shook his head.

"Just be lucky. When you meet a team leader like your boss, you need experience, experience, qualifications, resources, and..." Huang Yuanchao wanted to continue filming, but was kicked by Wan Kefa.

"Yes! I caught the horse's leg..." Huang Yuanchao said with a smile and rubbed his calf.

Fang Yi was so amused that he spit out a mouthful of tea, which landed right on Huang Yuanchao's face.

Zou Guang's case soon came to trial. The procuratorate charged Zou Guang with fraud. The defendant Zou Guang pleaded guilty and accepted punishment. Fang Yi defended the crime as a lesser crime. Since Fang Yi had previously reached an agreement with the prosecutor in charge of the case, the prosecutor recommended that the defendant be punished. Zou Guang was given a lighter punishment and sentenced to one year in prison.

All three parties should have been happy, but their mood was disrupted by the court's decision.

The court held that the defendant Zou Guang secretly stole other people's property many times in large amounts for the purpose of illegal possession, and his behavior constituted the crime of theft. If the defendant Zou Guang commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the execution of his sentence, he is a repeat offender and should be severely punished; in view of the fact that the defendant Zou Guang truthfully confessed his crime after arriving at the case, and voluntarily confessed to the crime that the public security agency has not yet If the person commits the same type of crime and voluntarily pleads guilty in court, he may be given a lighter punishment.

In the end, the court sentenced Zou Guang to one year and six months in prison for the crime of theft and fined him RMB 3,000; and ordered the defendant to return the illegal gains.

Is it surprising? Surprised or not? ! Both the prosecutor and the defender believed that Zou Guang was guilty of fraud, but the court found him guilty of theft, which was completely unexpected by both parties.

As soon as the verdict came out, before Fang Yi could say anything, the prosecutor exploded first!

The procuratorate charged him with fraud, but the court sentenced him with the crime of theft. The prosecutor was very unconvinced and felt that the crime he charged was correct and that the court's verdict was wrong. However, the verdict had been announced and the only option was to protest.

Seeing the prosecutor walking out of the court angrily, Fang Yi knew that the procuratorate would most likely file a protest.

Outside the court, Zou Daliang looked at Fang Yi with mixed emotions.

He sat in the gallery during the trial and heard the defense opinions of Fang Yi and the prosecutor. The sentence and charges decided by the court were inconsistent with the judgments of the procuratorate and Fang Yi. It was just that the sentences were different. After all, the judge had discretion. , why has the crime changed? Could it be that the procuratorate and the famous lawyer Fang were mistaken? He was very surprised.

"Lawyer Fang, this..."

Zou Daliang wanted to say something, but then he thought that Fang Yi was right. The sentence sentenced by the court was indeed within three years. And this sentence is not unacceptable. After all, his son has committed a crime and is a repeat offender.

"There are indeed problems in the first trial. Do you want to appeal?" Fang Yi said. He also found it incredible. Why was he charged with theft?

Not only was the prosecutor dissatisfied with the court's decision, but he was also dissatisfied. The court's decision rejected his judgment and slapped him hard in front of the client.

The most critical thing is that the judge's qualitative discussion of the case in the judgment failed to convince him. He thought there was a logical problem.

Zou Daliang opened his mouth. He wanted to ask how much it would cost to appeal and what the chances were of reducing the sentence, but he did not say anything in the end.

Fang Yi looked at him, understanding his concerns, and said, "Let's do this. I will appeal as Zou Guang's second-instance defender, and the legal fees of three thousand yuan will be enough."

"Can the sentence be reduced by a few months?" Zou Daliang didn't care what crime he was convicted of. What he cared about was whether the second instance would change the sentence and reduce the sentence.

"It's hard to say, I can't guarantee you. But if the sentence recommended by the procuratorate changes, the sentence in the final judgment of the second instance may be adjusted." Fang Yi shook his head and expressed his worries.

"Didn't the procuratorate recommend a one-year sentence in court? Will there be any changes?" Zou Daliang asked with confusion on his face.

"The prosecutors who appeared in court for the second instance were not prosecutors from the county procuratorate, but prosecutors from the municipal procuratorate. It is hard to say how they would determine the case. The higher-level procuratorial organs have the right to change the protest opinion of the county procuratorate based on their own understanding of the case."

Zou Daliang was hesitant and said: "How about... just do as you say." He was also afraid that the second instance court would change the sentence and increase his son's sentence.