Chapter 339 How big is the chance to win
After figuring out the other party's background, Guan Yuntian asked Lao Xue to return to the company's headquarters to discuss countermeasures. In the company's small conference room, in addition to Guan Yuntian and Xue Jianqing, there were also three permanent legal advisers from Changda Group headed by Lawyer Zhao.
"Lawyer Zhao, what do you think of the other party's lawsuit?" Guan Yuntian spoke first. He wanted to know the opinions of legal professionals on this matter.
"Before coming to the meeting, the three of us exchanged views on this lawsuit in advance. We all agreed that this is not a major incident and will not cause any harm to Changda Group. In our opinion, this is the other party's failure to do so.
After understanding the situation of Changda Group, they made a bluffing move based on their financial strength." Lawyer Zhao said.
"Oh, can you analyze it more specifically?" Lao Xue said.
"There is only one content in their complaint, that is, they accuse Changda Real Estate Company of moving their family's ancestral graves without permission, and this content is completely untrue! We have both witnesses and physical evidence. On the contrary,
It’s the plaintiff, and according to the principle of whoever makes the claim has to provide evidence, they can’t provide counter-evidence at all. So, I think it’s easy for us to respond to the lawsuit,” Lawyer Zhao explained.
The other two lawyers added: "The plaintiff's lawsuit has three claims. The first and second ones are about a million yuan in emotional comfort and a public apology in the media. We think this is completely nonsense, and this matter does not serve them well.
If there is any negative impact on the reputation of the other party, where is the mental loss, and where is the need for mental comfort and apology in the media? This is just the other party's wishful thinking, and the court will definitely not support it. There is only the third article, which is to help the other party find him
Even if we don’t go through the courts to relocate our family’s ancestral graves, our company should do the same from a humane and emotional point of view.”
"If we really go to court, what do you think our chances of winning are?" Guan Yuntian asked tentatively.
"Ninety-eight percent." Lawyer Zhao replied.
"Since we have sufficient reasons and sufficient evidence, why not 100%?" Guan Yuntian said.
"Mr. Guan, no one dares to take a 100% guarantee. In real life, unexpected counterattacks have not never happened!" another lawyer explained.
Guan Yuntian was thinking more. He tried to discuss possible accidents with the three lawyers, "As far as this case is concerned, if the other party wants to successfully counterattack, what methods do you think he will use?"
"Actually, there are no new tricks, it's just using unfair means to bribe judges."
"This method may work for other opponents, but if he wants to use it to deal with the Changda Group, he made the wrong idea! Now we advocate judicial fairness and transparency. I believe that the judges have a strong sense of the rule of law. In addition, Yang
The brothers think they have a lot of money and are arrogant about everything. This can only mean that they are looking at the sky from a well and have never seen the world." Guan Yuntian said.
The three lawyers kept nodding in agreement.
"Lawyer Zhao, the three of you are free to operate. If you need the company's cooperation, please inform us at any time. The principle is to handle the matter well and minimize the negative impact on Changda Group. In addition, the other party entrusted Huayuan
"As a law firm in the city, you are in the county seat. Do you feel any pressure about this? If you think it is necessary, does Lawyer Zhao still remember Lawyer Wang from the capital? We can pay him to help." Guan Yuntian said.
"That's not necessary. Although the other party's attorney is a law firm in the city, the facts of this case are clear and the evidence is conclusive. I believe the judge will decide the case impartially. Besides, although we are in the county seat, we have also had many lawsuits involving other places in recent years.
Fighting, there is no shortage of experience in this area."
Lao Xue nodded, "The three lawyers are very confident. We are very pleased. If cooperation is needed during the case handling, the company will do its best to support it."
Afterwards, the three lawyers analyzed the case and found that this kind of civil dispute case could be under the jurisdiction of the People's Court where the case occurred or the People's Court where the defendant was located. "How about we apply to transfer the case to the Fuyuan County People's Court for trial?"
?" Lawyer Zhao's colleague suggested.
"Well, having the trial locally can indeed save a lot of trouble, but I'm afraid the plaintiff won't agree! I'll ask around to see if this is possible," Lawyer Zhao said worriedly.
The day after meeting with Guan Yuntian and Lao Xue, Lawyer Zhao visited the president of the Civil Trial Division of the County Court. He wanted to inquire about the possibility of transferring the case.
Before Lawyer Zhao went to Shanghai to open a law firm, he and the president of the civil court were colleagues. They were both in the same department of the court. The president was the deputy section chief at the time, and Lao Zhao was the key staff member. The relationship between the two was not bad.
Ever since Lao Zhao went to work as a lawyer, whenever he took on a new case, he would take the initiative to seek the opinion of this old leader. After this old leader became the president of the civil court, he seemed to have become Lao Zhao's adviser.
After the meeting, before Lawyer Zhao could speak, the president of the civil court asked: "Why, have you received a new case?"
"It's a case involving our service unit, involving a civil dispute over land acquisition."
"Are you talking about the case of Changda Group? It's okay. At least they are not short of money. However, civil dispute cases are easy to say and complicated to say."
"The facts of this case are clear, the evidence is conclusive, and the case is not complicated. The prosecution location is in the Xincheng District Court of Huayuan City. Based on the nature of the case, I would like to apply to transfer it to the jurisdiction of our county court. Do you think this is possible?" Then,
Lawyer Zhao explained the general facts of the case.
"Judging from the nature of the case, you can apply to transfer the case to the jurisdiction of the Fuyuan County Court. However, if the defendant and his attorney firmly object, the court will not agree to your request. In fact, as long as the facts are clear and the evidence is conclusive, where is the jurisdiction?
It doesn’t matter.”
"The leaders of the Changda Group are worried about being plotted and counterattacked, so they are transferred to your jurisdiction, so they feel more confident."
"This worry is understandable, but no one is so bold now. No one dares to interfere with cases where the facts are clear and the evidence is conclusive. Is the current jurisdiction of the case the Xincheng District Court of Huayuan City? I
There seems to be a classmate who is the deputy dean there, but I haven’t contacted him for a long time, so I’m not sure.”
Lawyer Zhao found this a treasure, "Really? Check it out quickly. It would be great if he is still the vice president there!"
The president of the civil court picked up the phone and dialed a number. The call was quickly connected, "Long time no see. Where are you now?"
"Who do I think it is? It turns out to be our President Gao. At this age, don't think about getting high. Even if you have a position, the leaders only have eyes for young people. What's wrong with the old guys!"
"What do you mean, are you still standing still at the Xincheng District Court?"
"Didn't I tell you, I'm so old, where can I go?"
"That's fine. If you don't worry about it, you can just take care of yourself in old age." President Gao catered.
"Old classmate, you haven't contacted me for such a long time. You called me suddenly today. Is there something wrong?"
"I left you guessing. Since you are still at your original position, I would like to ask you to take care of a case."
"Well, you are the president of the court. You can't say things like this casually. It will have a bad impact if outsiders hear it. Judicial justice is about fairness and impartiality, and cases are judged impartially. How can you care about it?"
"It's not what you imagine. A friend came to me. He accepted a case under the jurisdiction of your court. Because he was not a local agent, he was afraid of being treated unfairly. Knowing that we
I am a classmate, and I would like to ask you to take care of me. I have no other intention, as long as I treat you fairly." Chief Gao Ying said.
"Oh, so that's what you meant. I can ask. What kind of case is that? Is there a high chance of winning?"
Judge Gao gave an overview of the case, "The facts of this case are clear and the evidence is sufficient. If the verdict is fair, in my opinion, the defendant can definitely win the case."
"Well, I also think the chances of winning are relatively high. Let's ask the lawyer (agent) to come and meet with me, and I will introduce him to the president of our civil court. At least we can achieve a fair judgment by then.
.”
Under the recommendation of President Gao's classmate, Lawyer Zhao brought some gifts to visit President Jia of the Civil Division of the Xincheng District People's Court of Huayuan City. After some conversation, Mr. Zhao was introduced by the vice president.
President Jia told him the truth: "It doesn't make much sense for the plaintiff to file this lawsuit."
"President Jia, do you think we can win?"
Lao Jia did not answer directly, but smiled noncommittally.
"The facts are so clear, President Jia, why do you think the plaintiff insists on pursuing the lawsuit?" Lawyer Zhao said.
"If I were the plaintiff's lawyer, I would not take this case because there is basically no possibility of winning. Maybe it's because the plaintiff's lawyer has just graduated from school and has just obtained the qualification to practice law. He wants to take this case to make a name for himself, or
The other party’s agent is purely trying to earn agency fees, who knows.”
"The analysis is very reasonable. There may be both situations. President Jia, when are you planning to open the court?"
"It depends on when your response materials will be ready?"
"Ten days at most."
"Then the court will start in ten days, but I still think it's not worth going to court for such a small matter." Judge Jia said.
"Then what can we do? If they insist on filing a complaint, we can only respond and stay with them until the end!"
"As both parties, it is understandable that you only consider your own interests, but as a judicial authority, we have to consider the effective use of trial resources. In my opinion, it is better to conduct civil mediation on the case first. If mediation fails, there is no need to open a trial again.
Late."
"President Jia, we listen to you, and we can do whatever you say." As the company's legal advisor, Lawyer Zhao believes that it would be best if the mediation can be successful, which will save a lot of trouble and energy in litigation.
"I'll contact the plaintiff and talk things over with them. You wait for my call."
After Lawyer Zhao left, President Jia of the Civil Court called the plaintiff's attorney and asked him if he was willing to mediate out of court. The other party said that he would make a decision after discussing with the plaintiff.
In fact, how could the plaintiff’s attorney not know that the chances of winning this lawsuit are very small? He is not trying to become famous through this lawsuit, because everyone in the industry knows that it is impossible to become famous by fighting such a civil lawsuit with clear facts. There is only one attorney for the plaintiff.
The purpose is to earn agency fees. Since the client is willing to pay a lot of money to litigate, then let's fight. The ugly words have been said before. Regardless of winning or losing the lawsuit, the agency fee will be a penny.
However, when the president of the civil court proposed out-of-court mediation, the plaintiff's attorney was still tempted. He also believed that it would be better to do less than to do more.
President Jia further told the plaintiff’s attorney that no matter what the purpose, such a lawsuit is meaningless. If it wants to humiliate the defendant to regain face, the court cannot support it because the defendant’s actions have never had such an attempt.
, as for spiritual comfort, it is even more impossible to talk about!
Chapter completed!