Becoming a lawyer starts with raising a Xiezhi

Chapter 517 Is Freedom Priceless

The staff in the case handling team were all dumbfounded. They didn't expect Meng Lang to analyze so many things. They didn't consider these situations at all before. Now they heard Meng Lang say that they were nervous about whether the case was too small. There can be no carelessness.

Seeing that they couldn't speak up, Meng Lang knew that their style of handling this case was a bit rough, and they didn't look at how to turn the case into an iron case from the lawyer's point of view.

Of course, the negligence of the case handlers is beneficial to the lawyer's defense, but if he speaks out at this time, it may make the case handlers quit and withdraw the case.Although he also knew that Wei Tiancheng's actions on this matter were really dishonest, but whether it constitutes a criminal offense or not still needs further consideration.

The person in charge of the case handling team was sweating on his face, and it took a long time before he said: "Lawyer Meng, we will reply to you one by one in the future about the situations you mentioned, but let's stop here now?"

Meng Lang stood up and said, "I don't want to interfere with your handling of the case. I just want to communicate with you and try my best to maintain the rule of law and ensure the quality of the case. Thank you for listening to my opinion, thank you."

After Meng Lang left, Zhang Ping smiled at him on the road and said, "Meng Lang, you calmed them down just now. Tell me, if Wei Tiancheng really fooled the client like this, would he constitute a fraud? For example, who did he ask for?" In the end, the person concerned was indeed released, and the person concerned mistakenly thought it was his credit, but finally found out that it had nothing to do with him at all. This kind of deception constitutes fraud?"

Meng Lang glanced at her and said, "Do you know that administrative power has a legal right to harm?"

"What is the legal right to harm?" Zhang Ping asked.

Meng Lang said: "The legal right to harm means that what he does is completely legal, but it is a kind of harm to you, because he only targets you and not others. What do you think you can do?"

Zhang Ping suddenly realized: "Then what does this have to do with this case?"

Meng Lang said: "I used it as a metaphor. The relationship between a lawyer and a client is very complicated. Some people say that the biggest enemy of a lawyer is the client. People, do you think it is very complicated? When a lawyer faces a client, he has a knowledge advantage, or information gap. He knows how the case will go in the future, but the client does not know, and the lawyer may use this Taking advantage of the client's ignorance to obtain extra income actually exists not only in the profession of lawyers, but also in other professional professions with knowledge advantages, such as doctors and people in the financial sector. They all have such knowledge advantages. If you carry out a dimensionality reduction blow, you won’t even know it after being dumb. But having said that, the lawyer is also a dimensionality reduction blow to the client. He knows that the case may be released on bail in the end, but he doesn’t tell you, but wants to take advantage of it. Charge another sum of money, but the lawyer’s fee has already been collected before, what should I do? He may tell you that this case needs to be handled, a relationship needs to be found, and money needs to be spent. As long as you pay more money, the person can be released Yes, he just found such an excuse to let you spend money obediently. Some wealthy clients are afraid of continuing to be imprisoned, so they will naturally believe what he said, and then give the money to the lawyer, and the lawyer is in the name of legal fees. It is also legal to charge again, right?

And when the parties know afterwards that it is not the case, they will feel a kind of deception. The question is, is this a civil fraud or a fraud?Although he fabricated the facts and concealed the truth, the relationship between the lawyer and the client is a service relationship. He violated the principle of good faith and signed a contract with you, but he is indeed using legal knowledge to convince you. Although he didn't find anything to do with him afterwards, and he didn't spend money, he did use his legal knowledge to obtain the bail pending trial result for the client. At this time, can it be determined that he has the intention of illegal possession and constitutes What about fraud?
From an emotional point of view, this is very uncomfortable, because I obviously spent 10 yuan to solve the problem, but you picked up 20 yuan, and this was taken away under the condition of my asymmetric information Yes, but it is difficult to measure the services of a lawyer in gold. Although I have charged 30 in legal fees before, the lawyers will feel that I have charged less. The value of the legal services I provide is more than this money. It is not easy to ask for it after collecting the lawyer's fee, so I changed my method and asked him for it. Is this illegal possession?The essence of illegal possession is no consideration. That is to say, you should not have taken the money. If you took it, it would not constitute a consideration. But here, can it form a consideration?For example, if I lose something and get it back by fraudulent means, is it illegal possession?Definitely not, and there is such a problem here. The lawyer thinks that my defense is worth 1000 million, but you only gave me 100 million, and then I got back 900 million through other means. Is this 900 million illegal? Possession?
This is a gray area, because no one decides how much your defense is worth. Although freedom is priceless, if you are really asked to maintain freedom at any cost, you must not do it. Anyone wants to Do things economically, rather than doing something regardless of cost, right? "

When Meng Lang said these words, Zhang Ping was dumbfounded. How could Meng Lang know so much?After letting him talk for a long time, she really felt that Wei Tiancheng did not commit a crime, and before that, she was sure that Wei Tiancheng must have constituted a fraud.

"Meng Lang, tell me, is Wei Tiancheng's defense worth more than 800 million?" Zhang Ping thought for a while and asked.

After Meng Lang heard this, he laughed and said, "This is the problem of the public saying that the public is right, and the mother-in-law is right, but the investigative agency caught him fabricating facts and concealing the truth to determine that he was suspected of fraud. You are really bad." To argue this matter back, and compared to ordinary people's point of view, a case asks people to ask for 30 million, which is indeed high, right? Investigative agencies sometimes handle cases based on intuition, and this is also Wei Tiancheng's indiscretion , as a lawyer, in addition to understanding the law, you still have to abide by professional ethics. I received [-] yuan from someone. If you think it’s too little, you don’t have to act as an agent. There’s no need to change the way and ask someone for money. You ruined your job."

(End of this chapter)