Lawyer's character

When Fang Yi and Zou Daliang walked out of the court, a cold northwest wind blew in the sky. The cold wind blew across their faces like ice knives. Fang Yi involuntarily picked up his briefcase and covered his face to resist the cold wind. Zou Daliang, who was on the side, huddled his neck and had difficulty breathing due to the cold wind, so he immediately turned his back.

The verdict of the second instance was both reasonable and somewhat surprising to Fang Yi.

The second-instance court held that the victim's statement and relevant transcripts confirmed that Zou Guang pretended to be a staff member who helped the police handle the case, made up an excuse to trick the victim into obtaining his cell phone and then left the scene of the crime. The characterization of Zou Guang's behavior is wrong and should be corrected.

Although the second-instance court corrected the first-instance court's characterization of Zou Guang's criminal behavior, it did not believe that the first-instance court's sentencing was abnormally severe, and the first-instance sentencing was still within the legal range. In the end, the appellant Zou Guang was convicted of fraud and sentenced to one year and six months in prison and fined RMB 3,000.

For Zou Daliang, after struggling for a long time, the sentence was still one year and six months, but he just changed the crime. Fortunately, he listened to lawyer Fang's suggestion and appealed. In the end, the second instance court did not adopt the prosecutor's suggestion to increase the sentence.

For Fang Yi, the judgment of the second instance court was equivalent to affirming his judgment on the case. Although the sentencing was not satisfactory, there was nothing he could do about it. How could everything go as he wished? It would have been nice for the court not to increase the sentence.

The cold wind is much lighter, blowing the leaves on the roadside, and the leaves are falling like flying flowers. The temperature was a bit low, so cold that passers-by couldn't help but speed up their pace.

Zou Daliang walked on the road with a lonely look on his face. His mind was filled with regret and he had forgotten about the cold. He regretted not spending more time with his children when he was a child, and failing to educate his son properly after his wife passed away, which led to his son Zou Guang eventually going down a wrong path. He fell into deep self-blame. Compared with when Zou Guang was first sentenced, Also blame yourself.

Fang Yi looked at his slightly curved back. As a father, Fang Yi could feel that he had endured a lot of suffering that he should have endured, but had missed taking on the responsibilities that he should have shouldered. Poor parents in the world!

After Fang Yi started the car, he decided to visit Fang Anzhi on the weekend and spend some time with him. Now he suddenly felt that it didn't matter whether his son could pass the exam and go to college. Physical and mental health was the most important thing.

Fang Yi had just returned to the office, and before he could take a sip of tea, Wan Kefa called him into the office.

"Are you going to show me your tea art and tea tasting again?" Fang Yi said with a smile.

"Stop talking nonsense. There are serious things to do." Wan Kefa said.

Seeing the seriousness on the fat old man's face, Fang Yi also stopped smiling.

"I have an old client in Tang City. He introduced a criminal case and the suspect was his relative. Last night I met with the suspect's brother. The prosecutor charged the suspect with intentional injury. Now the case has just arrived. court.

Originally he wanted me to defend his brother, but the legal fees I wanted were too high. He hesitated and said we would discuss it later. He called me this morning and said he wanted you to defend his brother.

Because you are not a partner, I can't ask for too high a price, so I quoted 300,000 yuan. In addition, he will pay another 10,000 yuan for travel expenses on a lump sum basis. We are responsible for food, drink, housing and transportation ourselves. "After Wan Kefa finished speaking, he looked at Fang Yi.

Three hundred thousand yuan! Too bad the price is too high! Fang Yi "Gulu" swallowed and spit, this old guy really dares to ask for a price!

"In addition to the 30% of the attorney's fee for this case, how much more can I give you?" Fang Yi asked.

When someone introduces a case to him, he has to show that there is a market price in the lawyer circle, but Fang Yi thinks it may be a bit low, so he asks Wan Kefa to mention it. If you have anything to say, it's better to say it openly to avoid mutual suspicion.

"Forget it, the 30% deducted by the office includes team fees, so my share will be exempted. After finishing the case, you want to treat me to dinner." Wan Kefa said with a smile.

"Thank you, boss! So what... have you signed the entrustment procedures?" Fang Yi asked. He knew that the fat old man was taking care of him, and he was very grateful.

Although the fat old man said this, he felt that it was funny anyway, as the other party was not short of money, so he thought of his purple sand tea set.

Wan Kefa really wanted to help him, and wanted to make his reputation known as soon as possible, find a breakthrough for the team, and take the business to the next level. Whether you are opening a law firm or building a team, it is like sailing against the current. If you don't advance, you will retreat.

For so many years, Wanke Law's team has been focusing on litigation and legal services. He originally wanted to push Lawyer Song out and support him. Although Lawyer Song's professional ability is not bad, he is not lucky. He has not done anything in these years. Any particularly well-known cases.

It can be said that Lawyer Song belongs to the kind of lawyer who has never shown his face or appeared in the public eye. He has always been stable. But it is not good to be too stable. It is inconvenient for team promotion and cannot find bright spots.

As for Lao Huang and Ma Yi, Lao Huang is good at corporate business, but lacks courage and is too old. He can be the mainstay, but it is almost boring to be the main star.

Ma Yi is obsessed with saving married women all day long. It is a subsidiary business of the team. The team does not focus on marriage and family business, so it cannot be the main focus.

There are several other lawyers who can play a major role in the company's business, and the publicity effect is pretty good. But there really is no better candidate for the criminal business.

After a period of observation, Wan Kefa felt that Fang Yi was the best candidate. He had academic qualifications and cases, and he already had a certain reputation in the local area. It was easy to promote and had quick results. Now the main focus of the team The task is for him to do more criminal cases in this province and spread his reputation.

While praising Fang Yi, at the same time retaining Fang Yi, once Fang Yi's reputation rises, colleagues will definitely come to recruit people, or he will switch jobs and do it on his own. If he doesn't do the work now and just improvises, it won't work!

This is why Wan Kefa talked to Fang Yi about applying for partner some time ago. He wanted to use the partner's treatment to retain Fang Yi, retain talents for the team and Wanhua United Law Firm.

"No, wait until you meet the other party before signing. The conditions have been negotiated." Wan Kefa said with a smile.

Just as he was talking, the phone on the desk rang. Wan Kefa answered it and hummed, said he would be there soon and hung up the phone.

"Say Cao Cao, Cao Cao will be here soon. Come on, let's go upstairs." Wan Kefa said with a smile.

In the conference room upstairs, there was a tall man with a belly that looked like he was five months pregnant. When Fang Yi followed Wan Kefa into the conference room, he was on the phone with a loud voice. You could faintly hear what he said outside the door.

"Hello, Director Wan." When the man saw Wan Kefa and the others coming in, he hurriedly hung up the phone and stood up to greet them.

"Mr. Wu, this is Lawyer Fang Yi from our firm. Lawyer Fang, this is the client I just mentioned to you, Mr. Wu." Wan Kefa introduced.

Mr. Wu looked at Fang Yi and said: "Lawyer Fang, I have long admired your name. I am the general manager of Wu Group, Wu Long. I have read your introduction and have done many well-known criminal cases."

While he was talking, he looked at Fang Yi, probably comparing it with the photos on the Internet to see if it was the Fang Yi he had chosen.

The Wu Group that Mr. Wu mentioned actually only has one health center and two small companies. The name of the "group" is mainly to feel that it will give face to people walking outside.

"Hello, Mr. Wu. Let's sit down and chat." Fang Yi said with a smile. Mr. Wu's accent was a bit thick, reminding him of Teacher Zhao Lirong.

After the two parties sat down, Wan Kefa said: "Mr. Wu, your brother's case. I mentioned it to lawyer Fang Yi. You can talk about it again."

"Actually, I also heard from the company's department manager that on the day of the accident, I had a bartender and went to maintain the relationship and was not at the scene. But as far as I know, it was the other party who came to our health center to cause trouble, and my brother was the one who beat him to death." Mr. Wu said with wide eyes.

"Why did the other party come to your health center to cause trouble? Do you know what the cause of the matter was?" Fang Yi asked.

"Hey, we are enemies in the same business. There is a foot massage parlor not far from our health center. Think about it, we are all doing business on the same street, so competition is inevitable.

The person who was beaten to death was a friend of Sun, the owner of the foot massage parlor. I asked someone to inquire about it, and it was said that a few days before the incident, someone reported that the foot massage parlor was involved in pornography and was investigated.

Boss Sun of the foot massage parlor thought that I sent people to the relevant departments to report them, so he held a grudge. He did it in the open, but he was afraid that he couldn't beat me, so he brought a group of people to destroy the place while I was not at home.

On the day of the incident, my brother happened to come to the health center. I don’t know what happened, but my brother beat the other person down in the melee. Later, he was taken to the hospital for a checkup and was told that he was dead. "Mr. Wu said.

"I understand, that is to say, you don't know exactly what happened, what is going on at the scene?" Fang Yi said.

"Yes, I went to find Boss Sun of the foot massage parlor afterwards. That grandson can run faster than a rabbit. I've been looking for him for more than a month, but I can't find him. Not only am I looking for him, it is said that the public security department is also looking for him. Him." Mr. Wu said.

"Mr. Wu, I'll ask my assistant to prepare the entrustment procedures. You and Lawyer Wan will talk to you first. After completing the procedures today, I will immediately contact the detention center and the court to make an appointment to meet and review the papers." Fang Yi said.

"Okay, I'll call the accountant right away and ask someone to pay the lawyer's fees." Mr. Wu did things quickly and just did what he said. Fang Yi went downstairs to prepare the entrustment procedures. He called the accountant and asked the accountant to prepare lawyer fee.

More than ten minutes later, Zhou Ying followed Fang Yi to the conference room with the procedures in hand and assisted Mr. Wu in completing the entrustment procedures.

"Lawyer Fang, when are you going to visit my brother? Give me a call and I will go with you." Mr. Wu said after signing.

"I will contact the detention center now to make an appointment." After Fang Yi checked the time, he took out his mobile phone and dialed the detention center's contact information given by Mr. Wu, and made an appointment for tomorrow morning before getting off work.

"Lawyer Fang, you are always neat and tidy in doing things. Are you going to Tang City tonight or tomorrow morning?" Mr. Wu said.

"If I can't make it in time tomorrow morning, I have to go there tonight. No one answered the call I made to the court just now. I'll call the court again tomorrow morning and make an appointment to review the papers." Fang Yi said.

"The court phone is the most difficult to call. I called the lawyer I called several times before someone answered." Mr. Wu shared the same sentiment.

"Mr. Wu, originally I wanted to treat you to dinner tonight, but now it seems I have to wait until next time." Wan Kefa said with a smile.

"Director Wan, you're welcome. If you have time to come to Tang City, give me a call and I'll treat you." Mr. Wu said boldly.

After completing the entrustment procedures, Mr. Wu asked someone to book train tickets for Fang Yi and himself. It was agreed before that the travel expenses would be covered, and they also gave the money. Now Mr. Wu asked someone to book train tickets for Fang Yi. Kindly. Mr. Wu didn't care at all.

After making an appointment with Mr. Wu at the train station, Fang Yi went home to prepare supplies for the business trip.

After nightfall, the tall street lights emitted a dazzling white light, and the number of people on the way to get off work was reduced in twos and threes. Fang Yi took a taxi and went to the train station.

After Fang Yi followed Mr. Wu into the carriage, his eyes lit up. He saw the red seats and the spacious carriage. Mr. Wu had booked two business seats.

After the two sat down, Mr. Wu handed Fang Yi a bag of nuts: "Lawyer Fang, my brother depends entirely on you. You don't know, between our two brothers, I am stupid and don't like to study. I have been struggling in society until I have reached this point.

My brother is different. He has studied well since he was a child and is now in high school. It is a critical time. I don’t expect to follow him to heaven. As long as he can get into a good university and be promising in the future, and honor his ancestors.

I have no hope. Our whole family depends on my brother. This case is related to his future. He must not let anything happen to him, otherwise my parents will fall.

So...Lawyer Fang depends entirely on you! Mr. Wu whispered earnestly.

"Mr. Wu, I can't give you any guarantee now, but I will do my best, don't worry. I will discuss a defense plan for you after I finish the interview and read the case file." Fang Yi said cautiously.

The more Mr. Wu expected of him, the more Fang Yi dared not speak casually. It was about the fate of a high school student, so he had to be more cautious. Alexander!

Mr. Wu helped him book a four-star hotel. After Fang Yi completed the check-in procedures, the two parties agreed to rush to the detention center early the next morning.

At six o'clock the next morning, Fang Yi got up, washed up, and went downstairs to have a buffet breakfast. Shortly after the meal, Mr. Wu called him and the car was already downstairs.

Mr. Wu's car was an imported Audi with an estimated value of more than one million. After Fang Yi got in the car, the driver sent him and Mr. Wu to the detention center.

In the detention center, Wu Wen, who was wearing a vest, was thin and elegant, with fear and confusion in his eyes. Fang Yi handed him the entrustment procedure. He took a look at it, signed his name, and returned it.

"What happened on the day of the crime?" Fang Yi asked in a calm tone.

Wu Wen is not deeply involved in the world, but he is more mature and stable than others of his age. Fang Yi guessed that this may be related to his brother's "teaching by words and deeds", mainly "teaching by example".

"I went to my brother's health center that morning..." Wu Wen lowered his head and recounted what happened.

The day of the incident happened to be Saturday, and he went to the health center to find Master Zhao, who knew traditional Chinese medicine and massage, to treat his stiff neck. While Master Zhao was massaging his neck, there was a sudden bang at the door, as if something had been smashed.

Wu Wen was also the boss's brother after all. When there was a strange noise in the store, he immediately ran over and saw that the Lucky Cat at the front desk had been shattered into pieces under the feet of Boss Sun of the foot massage parlor.

Just when Wu Wengang wanted to question Boss Sun, five or six more men ran in from outside the gate, holding weapons such as baseball bats and watermelon knives. They rushed up and beat everyone and smashed things they saw, fighting with the employees in the store.

A strong man came straight to Wu Wen with a watermelon knife. Wu Wen was frightened at first, but when he realized what he was doing, he was stabbed in the arm and leg.

Wu Wen tried his best to dodge, but the strong man behind him probably thought he was young and easy to bully, so he kept chasing him. Later, in the melee, a man holding a baseball bat in front was knocked down by a store clerk who rushed out, and the baseball bat fell on the At Wu Wen's feet.

Rabbits bite people when they are anxious, let alone humans!

Wu Wen was chased anxiously, and blood surged upward for a moment, filling his pupils with blood. He picked up the baseball bat at his feet and swung it fiercely at the man chasing behind him. The man behind him subconsciously used the watermelon knife in his hand to block. Unexpectedly, Wu Wen was so strong that he knocked the watermelon knife away. The man wanted to rush forward to grab the baseball bat, but Wu Wen hit him on the head and the man fell to the ground on the spot.

While the health center was in chaos, the police arrived and arrested the rioters. Sun, the owner of the foot massage shop, saw that the situation was not good and Sayazi escaped from the back door of the health center.

The ambulance arrived shortly after and sent Wu Wen and other injured people as well as the man lying on the ground to the hospital. After rescue, the injured person who was knocked to the ground by Wu Wen died that night due to severe brain injury. Wu Wen's injuries were minor injuries. In addition to Wu Wen, three other people in the health center suffered minor injuries.

The public security organ transferred Wu Wen to the procuratorial organ for review and prosecution on suspicion of intentional injury. Afterwards, the procuratorial organ transferred the case to the Municipal Intermediate People's Court for intentional injury. It was found that Wu Wen was just eighteen years old one month before the incident and was a senior in high school.

Fang Yi pondered for a moment and then asked: "Is there any surveillance video in the health center?"

"Yes, when the police came, they took away the surveillance video." Wu Wendao.

"Do you remember who made the move first?" Fang Yi asked.

"At that time, several people rushed in outside the door, all holding weapons in their hands. Only two male clerks and I were at the door, and they were the ones who made the first move. As soon as they entered, they started smashing things. The clerk and I stopped them, He started beating us, and then people from the store came out and the two sides started fighting." Wu Wen thought for a while and said.

"Well, do you have anything you want me to tell your brother?" Fang Yi asked.

Wu Wen shook his head.

"Would you like to give you some clothes, or save some money?" Fang Yi asked in a soft tone. He suddenly realized that Wu Wenting was pitiful, having been locked up before entering society.

"No need, the money my brother saved for me hasn't been spent yet." Wu Wen looked at Fang Yi and asked, "Lawyer Fang, will I be sentenced?"

"Judging from what you said, I think you may have been in self-defense. Of course, whether it is self-defense can only be determined after I go to the court to read the file. I will come to see you again after the defense plan is worked out.

Don't think too much, your body comes first. "Fang Yi said.

After coming out of the detention center, Fang Yi called the court. After thinking for a few times, someone answered the phone. Fang Yi made an appointment with the other party to review the papers, and the other party asked him to go to the court at two o'clock in the afternoon to review the papers.

At noon at a restaurant, Mr. Wu invited Fang Yi to dinner.

"Lawyer Fang, how is my brother's situation? Is there any hope?" Mr. Wu asked.

"Judging from the current situation, I personally think that your brother Wu Wen may have constituted self-defense. After I finish reading the papers in the afternoon, I will go back and analyze it. I will call you in two days and we will discuss the defense plan." Fang Yi said.

You can only believe half of the words of the person involved, because after being imprisoned, the pressure increases dramatically and the mind may become confused or even collapse. What they say may be very different from the reality.

"Lawyer Fang, the previous lawyer said that my brother's case did not constitute legitimate defense. He said that the other party was provoking quarrels and provoking trouble, and the main purpose was to smash things, not to hurt people. Otherwise, the other party would have come prepared. In our health center Several of the employees have been lying down for a long time, and they will not only have minor injuries.

In addition, the lawyer also said that after my brother knocked the opponent's knife away, the opponent's bare hands no longer posed a threat. My brother's behavior of hitting the opponent's head with a baseball bat again constituted excessive defense, which is the crime of intentional injury. Mr. Wu stopped his chopsticks and asked.

“This issue cannot be generalized, and finding gaps to cause trouble depends on the circumstances.

Article 20 of the Criminal Law stipulates that any person who takes defensive actions against an ongoing violent crime such as murder, robbery, rape, kidnapping, or other violent crime that seriously endangers personal safety, resulting in casualties or injuries to an unlawful offender, does not constitute excessive defense and is not responsible for the consequences. criminal responsibility.

The other party brings people to your health center to smash things up, and injures people in the process. This does not constitute murder, robbery, rape, or kidnapping, but it may constitute "murder" and "other violent crimes that seriously endanger personal safety." '. Moreover, there may be some overlap in the determination of "murder" and "other violent crimes that seriously endanger personal safety," which requires detailed analysis of specific cases.

In judicial practice, the higher the degree of violence in picking quarrels and provoking troubles, and the more serious the personal safety of others is, the more likely it is to be deemed an offense as stipulated in paragraph 3 of Article 20 of the Criminal Law. However, what crime the infringement ultimately constitutes has no impact on the defender's determination of legitimate defense.

I will go to the court to review the case in the afternoon, and only after I have analyzed the case can I give you a final answer. "Fang Yi said.

The reading went smoothly in the afternoon. After getting a copy of the case file, he did not dare to show it to Mr. Wu. Lee Myung-bak was a lesson learned from the past. Although he was eventually acquitted, it was uncomfortable to be locked up in there. This kind of risk should be avoided.

Early the next morning, Fang Yi came to the law firm with the case file and began to analyze the case and search for relevant precedents of the Tang City Intermediate Court. He was very busy.

The sleeves of the shirt were rolled up, and the top two buttons of the shirt were open. Fang Yi sat slumped in a chair, looking at the scattered case files and found case materials on the desk, and thought to himself: It seems that the weekend My son's plan to return to his hometown has to be changed.

When lunch was about to begin, Wan Kefa came back, followed by Assistant Feng. After a while, Assistant Feng came to Fang Yi and told him that the boss invited him in for tea. Fang Yi agreed, put down the case file in his hand, got up and walked to the director's office.