Lawyer's character

Seeing that the confusion in the other person's eyes was much less, Meng Guangda took a sip of tea and continued to explain: "According to what you said, the accident occurred due to the dead weight of the floor and construction operations, which directly caused the beam to break, and then two deaths occurred. fatal accident.

But I have to say that your husband violated the necessary safety requirements for house construction when building the house, which made the house extremely unsafe and was the root cause of the beams breaking.

Therefore, there is a criminal law causal relationship between the death of two people and minor injuries to two people in the case and your husband’s house building behavior.

Therefore, during the process of building a house, your husband subjectively had a duty of care and the ability to foresee. Objectively, the consequences of casualties and his behavior of building a house have a causal relationship in criminal law. Therefore, I believe that your husband is guilty of negligent death.

Think about it, is this what I said? "

After listening to Meng Guangda's explanation, Deng Qingxia looked extremely ugly and became even more anxious. This time she understood 60%: "Lawyer Meng, according to you, does my husband have to go to jail?"

"There is a possibility, but...it's not completely impossible." Meng Guangda said after pondering for a moment.

"What can I do?" Deng Qingxia asked hurriedly.

"That's what I think. Why does your husband not necessarily go to jail? It's mainly because he played a minor role in the whole accident and the crime was minor. We can try to get a suspended sentence." Meng Guangda explained.

"Lawyer Meng, does probation mean that you don't have to go to jail?" Deng Qingxia asked with confused eyes. How could she, a rural woman, know what probation was?

"Yes, if you are sentenced to probation, your husband can serve his sentence outside prison, and his freedom will be subject to certain restrictions. But he can continue to work and make money." Meng Guangda explained.

"Then how confident are you?" Deng Qingxia hesitated and looked at Meng Guangda.

"It's hard to say. I'm just making a preliminary judgment. I haven't met your husband and haven't reviewed the papers, so I can't make a judgment." Meng Guangda replied.

His subtext is very clear, that is, you have to entrust it. If you don't entrust it, or if you don't pay me, I can't reply to you. In fact, even if he entrusts it, he may not tell her the exact percentage, because it is meaningless, it is just for psychological comfort. On the contrary, Meng Guangda will face professional risks.

"Then...if I entrust you to handle this case, how much will the lawyer's fees cost?" Deng Qingxia felt that hiring a lawyer was like buying clothes (in fact, it is not the case). Cheap clothes are not of good quality, and big-brand, high-quality clothes Not cheap. She felt that for such a large law firm and such a well-decorated office, the legal fees would certainly not be cheap. So she was a little hesitant.

"Zhou Ying told me just now that you and she are from the same village, and the relationship between the two families is good. I can charge you less and give you a discount on the legal fees of 30,000 yuan. What do you think?" Meng Guangda said.

He felt that the other party lived in the village and had no stable income. The case was not particularly complicated. More importantly, the other party and Zhou Ying were from the same village. It would not be good if the asking price was too high. Zhou Ying would have to meet the other party in the future, so the legal fees were appropriate. discounted.

"Okay, okay." Deng Qingxia agreed.

Why did she agree so quickly? That's because when he went to the county to hire a lawyer, the other party asked her for a lot of lawyer fees. One was a small firm in the county, one was a big firm in the city, one was a lawyer who did everything, and the other was a professional lawyer. As a criminal lawyer, if there were choices and the prices were not much different, she would of course choose a big firm because she would feel more at ease, not to mention having an acquaintance like Zhou Ying. Deng Qingxia felt that the price given by the other party was indeed a discount because of Zhou Ying's face.

"Okay, please wait a moment. I'll ask my assistant to prepare the entrustment procedures. You can prepare your ID card, household register, and marriage certificate." After Meng Guangda finished speaking, he walked out of the conference room.

"Xiaoying, I really want to thank you this time. By the way, Lawyer Meng specializes in criminal cases, right?" Deng Qingxia asked in a low voice, a little worried.

"Yes, our team only handles criminal cases. Lawyer Meng used to teach criminal law at a university and later became a lawyer. He has strong professional abilities. If you hadn't come here, I would not have specially invited him to handle this case. "Zhou Ying's answer made Deng Qingxia very satisfied and felt comfortable. She felt that she had to find acquaintances when going out to do things.

After signing the commission and paying the money, Zhou Ying and Deng Qingxia were sent away.

"Brother Da, I'll leave this case to you. I won't get involved." Zhou Ying said with a smile.

"Okay, when the commission comes out, I will give you the money." Meng Guangda nodded.

If it is a team case, the lawyer's commission ratio ranges from 20% to 5%, mainly depending on the level of the lawyer's fee. This is the main source of income for the team’s lawyers.

For an individual lawyer's case, the commission rate can be as high as 70%, and the invoicing fee is very low and borne by the large team. Calculated as a whole, in addition to the 70% raised by the individual lawyer and the 70% submitted to the large team of Wanke Law In addition to 20%, Fang Yi can get 10%.

Fang Yi has no intention of making money from the lawyers' personal case sources. The main reason for giving lawyers such a high commission rate is to encourage lawyers to develop personal case sources.

Soon after, the file of Gu Mingguo's loan fraud case was sent to the Provincial High Court again, and the Provincial High Court quickly arranged a hearing.

…

"The court investigation is over and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

Let me first give the floor to the prosecutor. "The male presiding judge, who was in his forties, sat very calmly on the trial bench and looked at the prosecutor's bench.

"Presiding Judge, Judge: The prosecutor believes that the defendant Gu Mingguo used false reasons to defraud the public security organs to obtain certificates, and then used the reissued property rights certificates as collateral to defraud the city commercial bank of a loan of two million yuan. The facts are clear, and the evidence is reliable and sufficient. Gu Mingguo had the purpose of illegal possession. The specific reasons are as follows

1. The mortgage certificate provided by Gu Mingguo is false. When he applied for the previous loan, the lending bank had taken away the real estate certificate, and the current real estate certificate is still kept by the bank;

2. After the bank issued the loan, Gu Mingguo did not use the loan for the purpose specified in the loan contract, but used it for high-risk profit-making activities - futures speculation;

3. When Gu Mingguo applied for a loan from the bank, he was already heavily in debt and his ability to perform was seriously insufficient. Gu Mingguo applied for a loan from the bank twice for the same building, and the loan amount exceeded the value of the collateral;

4. Gu Mingguo tried to transfer the loan to a third party outside the case by transferring the engineering company, but did not fully deliver the assets, which shows that the transfer of the company was actually a scam;

5. Gu Mingguo evaded investigation and refused to repay the loan.

To sum up, the above series of behaviors are enough to prove that Gu Mingguo has subjective intention to illegally possess. The original court acquitted Gu Mingguo on the grounds that he did not have the illegal purpose of permanently possessing the bank loan. There was no factual and legal basis. The conviction and sentencing were obviously wrong and the sentence should be changed in accordance with the law. complete. "After the prosecutor finished expressing his opinion, he put down the A4 paper in his hand.