Rebirth: War on the Honest
526. The correct way to open a short composition
Early the next morning, Cheng Yingying brought two assistants to Leying Law Firm.
After briefly explaining the purpose of his visit, Wang Xiaohong, director of the law firm, called Zhong Leyi into the office just like last time.
"This is our trainee lawyer Zhong Leyi. She was involved in Starbucks infringement last time and has experience in ***."
"Hello, Lawyer Zhong."
Cheng Yingying smiled and said hello to the trainee lawyer, who just opened the office door, raised his head, and his eyes lit up.
"Long time no see, sister Yingying~"
After the pleasantries, Zhong Leyi finally figured out Cheng Yingying's purpose.
Paradise Cloud Music actually wants to file a lawsuit with Penguin?
This is Nanshan Pizza Hut, and the teacher in the intellectual property law class often uses penguins as examples. Can this guy win?
Cheng Yingying got straight to the point and quickly expressed her first doubt.
"Director Wang, what do you think our chances of winning are if we sue Penguin in Nanshan? Aren't they Nanshan Pizza Hut?"
Wang Xiaohong has been the president of the civil court for many years and has seen many storms. She smiled with her lips pursed and said nothing.
"You guys are always scared by this data and don't dare to sue. You think it's a waste of time and money, and you're afraid of losing your wife and losing your troops."
"Actually, that's not the case at all."
The hot tea on the table had just boiled, and the director of the law firm poured a cup for Cheng Yingying himself and continued.
"Of course, the legends are exaggerated, but it is inevitable that big companies have a high winning rate. Otherwise, wouldn't the legal team's work be in vain all year round?"
"Come on, let me explain it to you two today."
Wang Xiaohong turned on her computer, logged into the Judgment Documents Network, and performed some operations.
On the surface, she was answering Cheng Yingying's questions, but in fact, she was cheering Zhong Leyi up and boosting her confidence.
How can a lawyer be afraid of litigation?
"Look, I retrieved a total of 2,745 legal documents from Penguin Nanshan Court, of which a very high proportion were intellectual property disputes, totaling 1,999 cases."
"Penguin is the defendant in most of the above-mentioned cases. If you are a defendant in an intellectual property dispute, the chance of losing the case is very high."
Wang Xiaohong spoke with data, and the two women listening beside her nodded frequently.
"The reason is that the plaintiff has sufficient evidence to prove that the plaintiff's copyright is used in a series of products operated by Penguin."
"Look, I randomly cut out a few pictures of Penguin losing and withdrawing lawsuits: Penguin and Yucheng Radio and Television Media Company are a series of cases. In this series of cases, Penguin lost all the cases."
Zhong Leyi was thoughtful.
"This company is also involved in a series of cases with Penguin, and it is very likely that it reached an out-of-court settlement with Penguin, so the plaintiff withdrew the lawsuit."
Now even Cheng Yingying understood.
There are also many cases where Penguin is the plaintiff and the lawsuit has been withdrawn.
A settlement should also have been reached. Can this be considered a win?
Therefore, Penguin's strategy is very simple. For cases that must be lost, try to reach an out-of-court settlement and withdraw the lawsuit. This will increase the winning rate.
"So, you should read less of this kind of news that claims Penguin is Nanshan Pizza Hut. There are too many headlines nowadays. Maybe Penguin's legal department hired its own trolls, added some data to deceive laymen, and boasted it."
Wang Xiaohong explained the reason for Nanshan Pizza Hut with a smile, and the two of them suddenly understood.
In fact, the most important problem is how to define the word winning.
Penguin has a large number of cases in which cases were settled out of court and then withdrawn. Can such cases be defined as successful cases?
Actually it's not possible.
In fact, as long as one's own interests are protected to the maximum extent, no matter what the verdict is, the case will actually be won in the true sense.
...
"Le Yi, tell me, what would you do next if you were a paradise entertainment company?"
Wang Xiaohong is indeed a master in the legal field. In just a few words, she re-incited Cheng.
Yingying’s fighting spirit.
It turns out that the law is not just for protecting big companies, the law is always on the side of fairness and justice.
"Well...litigation is a necessary method. I think it is important to issue a statement first."
Zhong Leyi, who has been involved in difficult cases since the founding of the law firm, is no longer the trainee lawyer who asks questions about everything.
The only difference between her and the elite lawyers is a legal professional qualification certificate.
"What statement?"
Cheng Yingying asked.
"For example, we are in the Internet age, and the smell of wine is also afraid of the dark alleys. When we are justified, we must publish it online so that public opinion will be on our side."
Now that Zhong Leyi has tasted the first bite of traffic dividends, she naturally talks about the twists and turns.
When she used short videos to combat online fraud, she also took advantage of the communication principles.
"Public opinion is on our side, does it have anything to do with the court's decision?"
Cheng Yingying blinked, not quite understanding Zhong Leyi's theory.
No matter how you say it, she is also a top student who graduated from Nanhu University. Although she is not a legal major, she still understands the principle that public opinion cannot kidnap the judiciary.
"Yes, it doesn't matter. When public opinion evaporates to a certain extent, it can interfere with the court's judgment."
Zhong Leyi was categorical.
"How can you say that..."
Cheng Yingying was confused. Is this what a lawyer should say?
Shouldn't lawyers be the ones who unswervingly uphold legal justice? Everyone is a lawyer and should stand on the side of fairness?
Why don't lawyers specialize in law, but all they do is make off-the-books tricks?
"As a former judge, I have to say that Le Yi is right."
Wang Xiaohong nodded frequently while listening to her lover's thoughts, rubbed her chin and finally spoke.
"There are actually many cases of judges being coerced by public opinion, because judges are also human beings. In addition to natural principles and laws, there are also human feelings. Within the power of discretion, he certainly does not want to be pointed at and scolded by the overwhelming number of netizens. Naturally, he can judge for the majority of people.
Just for the majority."
In front of her own people, Wang Xiaohong rarely said a few words from her heart.
"Let me tell you a story. A few years ago, there was a man named Long Ge. Because of a minor traffic accident, he had a conflict with someone and stabbed someone with a knife. Unexpectedly, he threw the knife out with too much force and was killed.
The opponent picked up the knife from the ground and chopped it to death on the spot."
"How do you think the judge would sentence this guy in normal times? People were hacked to death by him. Legally speaking, he could have put down the knife long ago. It must have been an over-defense, right?"
"But the surveillance video at that time was posted online, and public opinion was surging. It had reached the point where he had to be exonerated, which affected the judge's decision to a certain extent."
"In the end, after several discussions about this case, everyone unanimously decided that the law cannot give in to the law, and the verdict was finally found not guilty."
"Do you think public opinion can influence the judiciary? That's great."
Wang Xiaohong was filled with emotions.
As an experienced former judge, she has long known how to listen to public opinion and the media.
Not only should we pay attention to the guiding role of judicial judgments in the mainstream moral orientation of society, but we should also organically integrate correct value judgments and mainstream social values into the entire process of judicial judgments.
Only such judges can satisfy the people.
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