Becoming a lawyer starts with raising a Xiezhi

Chapter 519 I Have No Intention of Illegal Possession
The public prosecutor was very dissatisfied with Wei Tiancheng's attitude, but Wei Tiancheng was determined not to plead guilty, why was he so determined not to plead guilty?Because as a lawyer, he knows that if he is convicted, he will be unable to work as a lawyer, and if he pleads guilty, the sentence will be longer. Therefore, only if he does not plead guilty can he have a chance.

After hearing what the public prosecutor said, Wei Tiancheng said proudly: "I only said on the phone that I would help them find a relationship, but to appease the client's emotions, because the client is eager to get his father out of the detention center. In this case, I told him that to help find a relationship is just a strategy to serve the client, not that I want to deceive them, as a lawyer, I have provided legal services for the client, and charging their fees is a matter of course."

What Wei Tiancheng said was high-sounding and very confusing, but the public prosecutor directly questioned him: "You can appease the emotions of the parties, but why do you ask the parties for money with this reason? You are taking advantage of their weak position and fabricating your own related facts, and then use it to scam them out of money, don't you?"

"This is not the case. The money received was negotiated before, but the parties later regretted it, and they asked me to help find a relationship, then I told them that there is a fee for finding a relationship, and asked them to pay the fee according to the previous agreement." Hand it over to me, that’s the purpose.”

Wei Tianguo is really a barrister. When answering the prosecutor's questions, he went round and round, giving the prosecutor a headache.

The public prosecutor thought for a while and said, "You keep saying that the 800 million yuan is something that was negotiated before, so the public prosecutor asks you, where is your evidence?"

"The public prosecution agency accused a crime. It is you, not me, who need evidence to prove the facts of the crime, but I can also provide evidence to you. I have signed a lawyer's fee contract to prove my point of view."

"Okay, it's not yet time to present evidence and cross-examination. What I can tell you now is that the client denies having reached a contract with you for more than 800 million in legal fees. And speaking of common sense, for an ordinary criminal case, 800 will be charged. Do you think this is normal for tens of thousands of dollars in legal fees?”

"Why is it abnormal? Lawyers' services are hard to measure in terms of money. Foreign barristers charge hundreds of millions of dollars for a single lawyer fee. Barristers in Hong Kong Island charge more than 2 million yuan for a case. This is also the case. You guys You can find out."

Looking at Wei Tiancheng, the public prosecutor was silent for a moment, and asked: "Since you have reached a fee contract of more than 800 million yuan with the client, why didn't you sign a lawyer's service contract at that time? According to the evidence on file, you only signed a lawyer with a fee of 30 yuan. The service contract, and the subsequent contracts were all signed by you, how do you explain it?"

"At that time, we only reached an 800 million fee contract verbally. We signed a formal contract when it was actually implemented. We divided a contract into several parts to sign. This is something that often happens in our work. There is nothing puzzling about it. ."

"Defendant, you are a lawyer. What you say must be fully convincing. Except for the 30 yuan, the rest of your money has not entered the account of the law firm at all. According to the provisions of the Lawyer Law, you collect the case The agency fee must be in the name of the law firm, not in your own name, if the more than 800 million yuan is your legal income as a lawyer, why didn't you pay it to the law firm?"

"I admit that I'm not good enough in this area, but this is also a common phenomenon. After handing it over to the law firm, I need to pay a part of the fee to the law firm. Therefore, I only pay a small part, and most of it is not handed over to the law firm. Not only I did this alone, and many lawyers did the same, which does not prove that I had criminal intent, but I just broke the rules and violated the provisions of the Lawyers Law."

"It's not just a matter of violation. The prosecutor asked you, what did you say when you asked the client for money?"

“They asked me if I could find someone to help with the bail issue for this case, and I told them that I could find a solution, but it would cost money, and they agreed.”

"You clearly told them on the phone that this case needs to be paid for. The client asked you how much it would cost, and you said it would cost several million. Then, you proposed a figure, and the client gave you the money, isn't that right? ?”

"They brought it up before that. The recordings they made were not comprehensive. And as I said just now, they agreed to pay more than 800 million yuan, but they didn't want to give it back. Just as they raised this issue, I took the opportunity to talk to you about it." They said it, and it was fulfillment of their previous promise.”

"People are unwilling to pay you high lawyer fees, and you just want to ask them for money by deception. Isn't this fraud?"

Wei Tiancheng said: "This is not a fraud, at most it is a civil fraud. I use fraud to protect my rights and interests. I have no intention of illegal possession."

"Civil fraud can also constitute the crime of fraud. You said that you did not have the intention of illegal possession, so what is your intention?"

"My intention was to protect my legal rights and interests, because they had previously promised to pay me more than 800 million in legal fees."

"Defendant, you are a lawyer's service contract. According to the Lawyer Law and the Criminal Procedure Law, the client can terminate the client-defense relationship with the lawyer at any time, not to mention that you didn't have such an agreement before, even if there is such an agreement , they don’t want to hire you as a lawyer anymore, and you can’t ask them for legal fees by deception, which just proves that you have the intention of illegal possession.”

"First, they did not terminate the legal service contract with me in this case. Second, I paid for my labor and they were unwilling to pay me legal fees. I could adopt some small strategies to achieve the purpose of fulfilling the contract. I did not illegally possess It was intentional, it was because they felt that the lawyer’s fees were high afterwards, and they reported it to the police because they wanted to go back on their word, this was their retaliation against me, I did not commit a crime.”

"The prosecutor asked you, what labor did you pay in this case, so that you had to resort to fraudulent means to claim these fees from them?"

"I have done a lot of work. I have communicated with the case-handling agency many times, met with the parties, and provided legal advice. As a lawyer, I have to do a lot of work, so I won't list them here."

Wei Tiancheng has back and forth, and his momentum is not weaker than the public prosecutor at all. In this case, he can directly defend himself without hiring a lawyer. Of course, if someone defends him, the effect may be better. He The old lawyer who defended him only heard these words, and laughed secretly.

(End of this chapter)