Lawyer's character

"When did you receive the criminal verdict?" Fang Yi asked.

"It seems like the day before yesterday..., yes, it was the day before yesterday. I went to the court with the lawyer to get it." Jiang Xue thought for a moment and said.

"The appeal period is only ten days, starting from the day after receiving the judgment. It has been two days now. Time is quite tight. Ms. Jiang, do you want to entrust me with the second instance? Or are you just consulting?" Fang Yi finished asking and looked at To Mr. Meng.

"We want to entrust this case to you. How much do you think the legal fees will be?" Mr. Meng said.

"I did not handle the first trial of this case. The second trial is somewhat difficult, and the workload will be greater and more energy-consuming than the first trial. Therefore, if I were entrusted to handle this case, the lawyer's fees would be 60,000 yuan.

It is limited to the second instance. If you need to apply for retrial or remand for retrial, you need to re-entrust the case and pay additional attorney fees. Fang Yi thought for a while and said.

"Can you guarantee that our Dou Tao will be acquitted?" Jiang Xue suddenly asked.

"There is no guarantee. I can only formulate a defense plan based on the facts of the case and provide Dou Tao with a not guilty defense or a light crime defense. I cannot guarantee the outcome of the case." Fang Yi said seriously.

Are you kidding me? That lawyer can guarantee that your husband will be acquitted. The lawyer is not a judge.

"Lawyer Fang, don't mind me. My brother and sister don't know much about this matter." After Mr. Meng finished speaking, he looked at Jiang Xue helplessly: "Brother and sister, no lawyer can guarantee the outcome of the case..."

"But the lawyer before said there was no problem..." Jiang Xue said unconvinced.

"He said there was no problem, so why did the court still impose a suspended sentence?" Mr. Meng said dissatisfied.

"This..." Jiang Xue fell silent.

"Ms. Jiang, we lawyers cannot promise the outcome to the client when handling a case, otherwise it will be a violation of regulations.

I don’t know what the lawyer you mentioned wants to promise you the result, but I really can’t give you any guarantee. How about you try to find him again? "Fang Yi said lightly.

Fang Yi could tell that Mr. Meng and Ms. Jiang were not satisfied with the previous lawyer, otherwise they would not have come to him to discuss the commission. So he used the trick of "play hard to get". If you, Ms. Jiang, think the previous lawyer is good, you can go to him, no problem. Fang Yi knew in her heart that she would never go to her previous lawyer again.

Seeing that something was wrong, Jiang Xue immediately changed her tune: "Lawyer Fang, don't get me wrong. I don't know your lawyer well. I thought that as long as I paid the lawyer's fees, I could guarantee the result. Just do what you said. Go through the entrustment procedures immediately. .”

With Zhou Ying's assistance, Jiang Xue completed the entrustment procedures and paid the lawyer's fees. Fang Yi sent Mr. Meng and Jiang Xue out of the law firm.

"Lawyer Fang, you can do it! You signed an order not long after the Chinese New Year. Congratulations! Congratulations!" Zhou Ying said with a smile.

"It's nothing, just making some hard-earned money." Fang Yi said with a smile.

In the afternoon, Fang Yi called and made an appointment for a meeting at the detention center the next morning. He was going to see Dou Tao to ask for details, and then come back to draft an appeal.

In the detention center, the man sitting opposite Fang Yi looked like he was in his thirties, with bright small eyes and two thick eyebrows that were very conspicuous. His skin is bronze, and you can tell he often works in the fields.

After Dou Tao finished signing the entrustment formalities, Fang Yi put away the entrustment formalities and asked: "Dou Tao, tell me what happened on the day of the crime. Tell me from beginning to end. The more detailed the better."

Dou Tao nodded: "This matter starts with me contracting the land in the village to plant fruit trees..."

Dou Tao graduated from an agricultural school that year with a technical secondary school degree (the technical secondary school degree was very impressive back then). At first, he worked in the county's agricultural department. Later, he resigned and contracted 40 acres of mountain land in the village, where he began to plant peaches and Apple, this contract lasts for ten years.

In December 2012, Dou Tao's contract expired. He proposed to the village that he had the priority to lease the land according to the contract and requested to continue contracting the land.

The village told him that he could continue to contract the land, but the contract price would have to be increased. Dou Tao felt that the price proposed by the village for contracting the land was too high. The two parties negotiated this no less than three times. In the end, they failed to reach an agreement and did not sign a new land contract.

After that, the village did not find Dou Tao, and Dou Tao continued to set up a picking garden on the contracted land. During this period, Dou Tao negotiated with the village to renew the land lease contract and actively requested to pay the rent. However, the village leaders did not clearly state whether to renew the contract, and the village did not collect the rent in time. So Dou Tao continued to run his picking garden. The village didn't look for him again.

In October last year, the village's "two committees" and the villagers' congress decided to take back the land contracted by Dou Tao, and informed Dou Tao of the relevant situation, allowing him to clean up the land on his own.

After Dou Tao received the notice, he thought it was unreasonable to cut down the fruit trees he had planted for so many years without any mention of compensation in the village, so he continued to operate the picking garden and waited for people from the village to come to discuss compensation.

In November, the village gave Dou Tao an ultimatum. If Dou Tao did not clear the ground on his own, the village would send people to uproot all the fruit trees.

Afterwards, seeing Dou Tao's unresponsiveness, the village organized security guards and temporary staff Zhang Dabao and more than ten people to bring axes, electric saws and other tools to Dou Tao's orchard to forcibly cut down the fruit trees.

Dou Tao's wife Jiang Xue stepped forward to stop him, but was pulled aside by security guards and controlled. Seeing his fruit trees being cut down and his wife being controlled by the other party, Dou Tao's eyes turned red. He picked up a kitchen knife and drove away the security guards. In the process, Zhang Dabao was chopped by the kitchen knife in Dou Tao's hand.

When Dou Tao saw that he had hurt someone, he immediately stopped and the two sides reached a stalemate in the orchard. Later, the village cadres called the police. After an injury assessment, Zhang Dabao was found to have minor injuries. The public security organs sentenced Dou Tao to administrative detention for 15 days.

Seeing Dou Tao's violent reaction, the village also stopped cutting down fruit trees.

After being released, Dou Tao bought gifts and took the initiative to go to Zhang Dabao's house to apologize. The two of them had no deep hatred. They lived in the same village and met each other without looking up. Since Dou Tao had come to admit his mistake, Zhang Dabao accepted it. I apologized to him and forgave him.

A few days later, the public security organs suddenly came to arrest Dou Tao for the crime of picking quarrels and provoking trouble. The county procuratorate immediately approved the arrest and reviewed and prosecuted him. A few days later, the county procuratorate charged Dou Tao with the crime of picking quarrels and provoking trouble and filed a public prosecution in the county people's court. Subsequently, the county court held that the defendant Dou Tao was guilty of picking quarrels and provoking trouble, and was sentenced to one year in prison, suspended for one year.

Dou Tao was dissatisfied and prepared to appeal.

"The village didn't talk to you about compensation before cutting down your orchard?" Fang Yi asked.

"We haven't talked about it. After the village sent me a notice, they never called me again." Dou Tao said.

"In the land contract between you and the village, did you stipulate on the disposal of the properties on the land after the lease expires?" Fang Yi asked while taking notes.

"The land contract was written by the village. It was very simple. It only agreed that the land on the land would belong to me, but there was no agreement on what to do with the land on the land after the contract expired." Dou Tao said.

"What was the state of the land when you leased it? Was it described in the contract?" Fang Yi continued to ask.

"When I rented the land, the place was full of weeds and bare. The contract said it was a barren hill. I planted all the fruit trees after contracting, and the village recognized that the fruit trees were all mine.

When I applied for a loan from the credit union, the village issued a certificate proving that all the fruit trees in the orchard were planted by me. It belongs to me personally, not to the collective. "Dou Tao said.

"Who is managing the orchard now?" Fang Yi asked.

"Since I was arrested in an accident last winter, my wife and a few workers have been working on the orchard. According to the previous lawyer, the village talked to my wife about taking back the orchard. But my wife thought the compensation was too little. No agreement." Dou Tao said.

"I'll draft an appeal first. I'll come see you tomorrow or the day after tomorrow to sign the appeal. That's it for today. Do you have anything you want me to tell your lover?" Fang Yi said.

"Ask her to take good care of the child and don't worry about me. I'm fine." Dou Tao said with a forced smile.

After returning to the law firm, Fang Yi sorted out the entire case in the afternoon and drafted an appeal based on the criminal judgment of the first instance. The general content of the appeal is: the facts found in the first instance were unclear, the conviction and application of the law were wrong, and the appeal Dou Tao's behavior does not constitute the crime of provoking trouble, and he requests the court to acquit Dou Tao in accordance with the law.

One day later, Fang Yi came to the detention center to meet Dou Tao again. After asking for a few more details, he left the detention center and went directly to the county court to submit the appeal and entrustment procedures.

After the start of school, Fang Anzhi no longer lived on campus and switched to day school.

Originally, Fang Anzhi didn't want his father to pick him up and drop him off. He felt that he was already a junior high school student and could go to and from school by himself. However, Fang Yi felt that there were many cars on the road, so it felt more secure to pick him up and drop him off by car. (Everyone in the world understands the love of parents)

In order to understand her son's study situation, Fang Yi called the class teacher to inquire. Fang Anzhi's class teacher was a female teacher in her fifties. She was very responsible and often talked to Fang Anzhi.

According to the class teacher's reaction, Fang Anzhi seems to have become a different person since his mother passed away. Although he is usually taciturn, he studies very hard and ranks among the best in the monthly exams. In the words of the teacher, Fang Anzhi must have become enlightened after being stimulated!

Seeing Fang Anzhi come back from school every day, go into the room after dinner, and start studying until he goes to bed around 12 o'clock in the evening. Fang Yi felt uncomfortable and worried that his child would be stupid, so he taught him tea art on weekends. , to change my mind, I would take him with me when I occasionally go out to have dinner with Lao Huang and others, so that he can have more contact with the outside world.

Fang Yi knew that a rural kid with no connections or background could not compare with the second and third generations. If he wanted to go out, he basically had no other choice but to study.

Ordinary people will always have to endure some hardships in their lives. If they don’t suffer the hardships of study, they will have to endure the hardships of life. They may also have to endure both. But no matter what, learning is still the most effective way for ordinary people's children to cross class.

More than half a month later, there was finally movement in the second instance of Dou Tao's case. After the Intermediate People's Court had a talk with Fang Yi, it made a ruling not long after, finding that the facts found by the first-instance court were unclear and convicting Dou Tao of "picking quarrels and provoking trouble." The case was sent back to the county court for retrial.

The case was sent back for retrial, which meant that Fang Yi had completed Jiang Xue's previous commission, and the retrial of the case had nothing to do with him.

Jiang Xue looked at the ruling of retrial and was full of hope. However, she thought that it was too easy for Fang Yi to earn the 60,000 yuan in legal fees. He only submitted an appeal petition and had one conversation without even a court session. , now that her husband Dou Tao's lawsuit will be re-tried, she will have to pay for legal fees and re-entrust her, which makes her feel a little unbalanced.

At noon, when Mr. Meng returned home, he saw Jiang Xue chatting with his wife. He frowned. Why did Jiang Xue suddenly come here today when he didn't usually come to his home? He couldn't help but draw a big question mark in his heart.

"Lao Meng, Jiang Xue has something to do with you. I'll go to the kitchen to see if auntie has prepared lunch. You two can chat." After saying that, Mr. Meng's wife got up and walked to the kitchen.

Mr. Meng sat on the sofa expressionlessly, then took out a cigarette from the cigarette box on the coffee table, lit it and asked, "Is everything going well at home?"

"Everything is fine at home. Brother-in-law, I came here to ask you for a favor?" Jiang Xue was a little afraid of Mr. Meng, so she seemed a little reserved when she spoke.

"What's going on?" Mr. Meng asked, exhaling the smoke from his mouth.

“Last time I entrusted Lawyer Fang to handle Dou Tao’s case, Lawyer Fang was very professional. After submitting the appeal, the case was sent back to the Intermediate People’s Court for retrial.

The second trial did not begin, but lawyer Fang went over to have a talk. Now the county court is going to retry Dou Tao's case. Previously, I entrusted lawyer Fang to handle the second trial, so this time I have to sign the entrustment procedures again.

The entrustment procedures are easy to handle, but the legal fees... It's not my fault. The main reason is that lawyer Fang didn't do much work during the second trial. The legal fees of 60,000 yuan were given out, and there was no clear explanation for Dou Tao's case..." Jiang Xue said with aggrieved expression.

"What do you want to do?" Mr. Meng listened quietly. He probably understood what Jiang Xue meant. He thought it was too easy for lawyers to make money.

"Can you please help me talk to Lawyer Fang to complete the formalities and handle this retrial case as well. The lawyer's fee of 60,000 yuan is not a small amount! Lawyer Fang will definitely not lose money." Jiang Xue's eyes shone. road.

If Jiang Xue and his wife were kinder to the old lady, maybe Mr. Meng would go to Fang Yi or Yun Mei to intercede. If that didn't work, he would pay Dou Tao's legal fees, so it wouldn't be a problem.

But Jiang Xue had brought all the good things from her husband's family to her parents' house over the years, and was very mean to the old lady. If the old lady hadn't been afraid of people in the village poking her son's back, she would have moved to Mr. Meng's house long ago. What Dou Tao and his wife did was so unpopular that Mr. Meng usually ignored them.

If it weren't for his wife's intercession this time, Mr. Meng wouldn't bother to deal with the Dou family's affairs.

"This matter is not easy to handle. It is clearly written in black and white. What you entrusted is the second instance. Now the case has returned to the county court for a new trial. According to the contract, lawyer Fang's work has been completed.

You just said that the second trial did not go to trial, and you only had a talk with lawyer Fang. But after one talk, the case was sent back for retrial. Isn't this just work? Anyway, I don't have the shame to go to lawyer Fang to talk about this matter.

If you feel that Lawyer Fang’s fees are too high, you can find another lawyer. "Mr. Meng was very dissatisfied with Jiang Xue and rejected her request.

"Brother-in-law, that's not what I meant. I trust Lawyer Fang's professional ability, but..." Jiang Xue made a big nest of roast chicken. It was embarrassing, it was really embarrassing.

"There's no 'but'. If you want to save money, you can hire the lawyer from before. That's it. It's not easy for you to come here once. You'll finish your meal and leave later." Mr. Meng said without even looking at her.

"No... no need. I'll go back to eat. Brother-in-law, I'm leaving first." After Jiang Xue finished speaking, she stood up and walked out awkwardly. After all the talk, she still had the nerve to sit down and eat.