Lawyer's character

After leaving the detention center, Fang Yi and Yun Qiao got into the car and found a restaurant in the county for lunch, where they had a meal of donkey meat cooked on fire.

"Master, there are three people on the other side, and they are holding steel pipes and other weapons. Why did you just say that Tan Peicai may have over-defended?

Three of the other parties were fighting with one of them, Tan Peicai. As a result, Tan Peicai was so anxious that he took out a knife and stabbed the other party. In this case, is it possible that Tan Peicai constituted a special defense?

After all, it was the other party who made the first move, and the other party's behavior should be considered a murder, right? Yun Qiao gnawed on the donkey meat and asked, looking at Fang Yi.

"Tan Peicai took out a knife and stabbed someone out of self-defense. However, the victim did not have any weapon in his hand, and he just slapped Tan Peicai's mouth with his bare hands.

Although the victim intentionally harmed Tan Peicai, it was far from causing serious injury or death. Therefore, Tan Peicai's defensive behavior obviously exceeded the necessary limit and was considered excessive defense. "Fang Yi explained.

"But among the three people on the other side, weren't two of them holding steel pipes? Isn't the steel pipe a murder weapon?" Yun Qiao tilted his head and asked in confusion.

“However, in fact, only the victim was the one who beat Tan Peicai, and the other two did not take action and only acted as a deterrent.

If the three of them had gone there for the purpose of talking about Peicai's life, this would never have been the result. They might have fallen down in the first round of talking about Peicai, and they would have been seriously injured even if they didn't die. "Fang Yi said.

"It seems to make sense." Yun Qiao nodded.

In the afternoon of the next day, Peng Huayan and Tian Caiying walked into the law firm conference room again to see Fang Yi.

"Lawyer Fang, according to you, my nephew Tan Peicai is very likely to be guilty of intentional injury. He cannot plead not guilty, but can only plead guilty to misdemeanor?" After Fang Yi analyzed the case, Peng Huayan looked at Fang Yi and asked.

"Yes, judging from the current situation, the procuratorate believes that the fight between your nephew Tan Peicai and the victim was a fight. Your nephew's behavior did not constitute legitimate defense, and his behavior constituted the crime of intentional injury.

However, I believe that your nephew Tan Peicai's behavior was legitimate defense, but it was excessive defense and constituted the crime of intentional injury. "Fang Yi explained.

"Then the charges are not all the same? They are all crimes of intentional injury." Tian Caiying's subtext is, since the opinions of the procuratorate and the lawyer are that it constitutes the crime of intentional injury, then what is the use of hiring a lawyer? Isn't it a waste of money?

"Lawyer Fang, don't get me wrong. What Caiying means is that what is the difference between the crime of intentional injury determined by the procuratorate and the crime of intentional injury you mentioned?" Peng Huayan hurriedly pulled back his words to avoid offending people for no reason. .

Peng Huayan is a shopping mall veteran who has been in the society for decades. In terms of dealing with people, she is definitely not comparable to the housewife Tian Caiying.

Although what Fang Yi said was the same as the charges mentioned by the prosecutor's office, Peng Huayan did not understand the problem as easily as Tian Caiying. She noticed that the prosecutor's office considered it an assault, while Fang Yi said it was excessive defense. There should be a difference between the two statements, but she wasn't sure how big the difference was, so she wanted to hear Fang Yi's explanation.

"It doesn't matter, I can understand Ms. Tian's mood. That's right, if according to the charges of the procuratorate, the two parties were fighting each other, then Tan Peicai would be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years, because the other party was seriously injured and very It is possible that the sentence will be more than five years.

If the court adopts my defense opinion and determines that Tan Peicai's defense was excessive, although it still constitutes the crime of intentional injury, the punishment should be reduced. Tan Peicai will most likely be sentenced to less than three years in prison.

The difference between the two lies in sentencing. "Fang Yi explained.

"Lawyer Fang, I'm sorry, I didn't understand just now." After listening to Fang Yi's explanation, Tian Caiying felt that what she just said was inappropriate and hurriedly looked back.

"It doesn't matter, this case is a little complicated." Fang Yi said politely.

Many times, lawyers cannot retaliate crazily just because a client makes an angry remark. Just like a dog bites you, you can't bite the dog again (the key is to bite with a dog, and there is a high probability that a person cannot win). It will make clients feel that the lawyer is unqualified and will also offend potential clients.

The best solution is not to quarrel with the parties, but to go directly to the issue itself, and use the facts of the case, legal logic, and existing cases to beat the other party to death, so that the other party will convince you and not dare to quarrel with you again.

What should you do if you can’t get the shot or take down the case? For example, if you encounter a client who is not stingy, the best way is not to accept his entrustment, so as not to fall into passivity, become frustrated with the case, and may have to refund the money in the end.

"Lawyer Fang, let's do as you say. If I entrust you to appear in court for defense, how much will the lawyer's fee be?" Peng Huayan said on the spot.

"The first-instance lawyer's fee is 100,000 yuan. If there is a second trial, the second-instance lawyer's fee is 50,000 yuan." Fang Yi said.

"By the way, Lawyer Fang, in my husband's case, how confident are you that the court will sentence him to less than three years in prison?" Tian Caiying suddenly asked.

"Uh... I really can't guarantee you this. Anything could happen during the trial." Fang Yi was startled and explained.

"Caiying, do you have anything else to ask?" Peng Huayan looked at Tian Caiying beside him, with a little helplessness in his eyes, but the latter did not notice it.

Tian Caiying shook her head.

"Lawyer Fang, let's do what you said. You prepare the procedures and we will sign and pay today. I will leave the rest to you." Peng Huayan said sincerely.

"Don't worry, I will do my best." After Fang Yi finished speaking, he looked at Yun Qiao, who got up and went downstairs to prepare for the entrustment procedures.

In the office, Fang Yi was preparing defense opinions for Tan Peicai's intentional injury case, and Ma Yi walked in.

"Lao Fang, how is your team?" Ma Yi sat on the sofa, took out a box of cigarettes, and took out one.

"There are three people in total, including an assistant." Fang Yi came to Ma Yi and sat down opposite him.

"Why are there so many people?" Ma Yi took the cigarette out of his mouth and looked at him in surprise.

"Our team focuses on criminal litigation, and the current workload is quite saturated. When the business volume increases in the later period, it will not be too late to recruit lawyers. During this time, I am looking for suitable lawyers." Fang Yi said unhurriedly.

"You are planning to build an elite team of lawyers!" Ma Yi nodded and said with a "I understand" expression.

"How is your team?" Fang Yi asked.

"The three lawyer quotas have been filled. In recent years, there have been more divorce lawsuits, and the property divided is mostly high-value property such as real estate, cars, and stocks. Therefore, many lawyers have gone into this business. There is no need to worry about recruiting lawyers. Ma Yi said proudly.