Becoming a lawyer starts with raising a Xiezhi

Chapter 521 This is just a flaw

The more Wei Tiancheng spoke, the more confident he became. The old lawyer was very satisfied, then looked at the judge and said, "I'm done asking."

After the old lawyer finished asking, the judge asked Meng Lang if he wanted to ask?Meng Lang thought about it for a while, and felt that there was no need for him to ask, and he had almost asked. He would talk about it when he presented evidence.

Meng Lang stopped asking, and the victim's representative began to ask, "You kept saying that the price you negotiated with my client was more than 800 million. Can you give me an accurate figure?"

"The exact number is not available, but at the time the agreement was at least 800 million."

"At least 800 million. Where did you calculate your case? According to which standard for lawyers' fees?"

"The lawyer's fee standard has long been outdated. Now, cases are discussed on a case-by-case basis. How can you strictly follow the lawyer's fee standard?"

"In other words, did you come up with the figure of 800 million yourself?"

"We came up with it through discussion."

"Has my client agreed?"

"accepted."

"If my client agrees, why only pay you 30?"

"The 30 is a deposit, and I'm taking care of them."

"My client has always had sufficient funds. If he is willing to pay you 800 million in legal fees, he will pay you on the spot without regretting not to pay you. You just said that it is because my client is unwilling to pay legal fees to you. You, you asked my client for money on the pretext of helping them find connections. Then I want to ask you, you have always been my client’s defense lawyer. How dare my client refuse to ask for money when the case is not concluded? Do you pay the attorney's fees? And if my client refuses to pay the attorney's fees, it is an act of rescinding the trust. You are even less qualified to ask for money from my client, and you are not qualified to continue to represent this case. In this case, You used deceptive means to ask for money from my clients, which is even more of a fraud. You fabricated the fact that you helped them find relationships. You never told them that this was attorney's fees. As a normal person, under normal circumstances, attorney's fees are There is no such charge, how do you explain this?"

"They didn't ask me to release the entrustment, so I have been providing them with legal services. I saw that they had been avoiding the issue of legal fees, so I thought of this idea and asked them for money."

"You mean, you didn't raise the issue of attorney fees to them, and they didn't talk about the issue of attorney fees. Are you reaching a tacit agreement?"

"Almost so."

"Neither of you mentioned the issue of follow-up legal fees, so how did you negotiate the legal fees? 800 million is far from 30 million. As you said, 700 is just a deposit, not to mention the legal fees. There is no deposit, but there is a deposit. There is a difference of more than [-] million between him and the final lawyer's fee, and in your subsequent case representation, neither party mentioned this matter? Do you think you can convince people by saying this? "

"As for the matter of 800 million, we didn't say too much in the early stage, but it is roughly such an amount. I adopted a somewhat vague strategy in order to close the case first. The parties involved knew this, so I proposed to help them When looking for a relationship, when I ask them for money, they will give it to me happily, otherwise, I just say to help them find a relationship, will they give me the money? In other words, the 800 million is within their expectations , and this expectation was generated during the previous negotiations."

"You mean to say that you only proposed 800 million to my client before, but my client didn't agree?"

"It's not that they didn't agree, but they didn't deny it, because their purpose is to get people, and money is not a problem."

"You didn't answer me directly, did my client agree to your request at the time?"

"What I mean is that the parties neither agreed nor denied it at the time. They just asked me to handle the case well. Then I think they agreed. This is the situation."

"After talking for a long time, you mean that you think they agreed. As a lawyer, you should know that the signing of a contract can only be established when the two parties reach an agreement, and the meaning can only be true and consistent. And you When the two parties do not reach an agreement, they think that the contract has been established, so the party concerned is unwilling to pay the lawyer's fee later, which is a breach of contract. That's why you think of a way to ask the party for money by deceptive means. This is not illegal possession. What is it? You clearly know that the contract does not exist, but you still ask the parties for money, and you use deceitful means, isn’t this fraud? What is it?”

The victim's representation was very high. Wei Tiancheng's scalp was sweating when he asked directly. Meng Lang saw it and admired him. Wei Tiancheng had met his opponent today.

"You can't say that. Subjectively, I have no intention of illegal possession. You must know that I provide legal services for them. I think my legal services are worth so much money. As for whether the parties agree or not, it's their business." , this is not a contract issue, but a criminal issue. Criminal issues depend on subjective intention. I have no subjective intention. For example, I think my thing is worth 100 million, but the other party is only willing to give 50. They said, my item has a history and is absolutely worth 100 million. The other party believed it and paid me 100 million. Is this a fraud?"

"You are contract fraud."

"Wrong, it is definitely not contract fraud, but a kind of civil fraud. It is difficult for you to determine whether this thing is worth 100 million yuan. How do you determine that he has the intention of illegal possession? If this thing is really worth 100 million yuan, is it still worth [-] million yuan?" Is it a fraud? My case is actually the same as this one. The violation does exist. I do not deny it. As a lawyer, I hereby apologize to the client, but it is absolutely unacceptable for me to say that I am a fraud. I am practicing There are flaws in the process, which are far from the level that needs to be adjusted by the criminal law. It is unfair for the investigative agency to convict me only by relying on the client's side. You are also a lawyer. Excuse me, when you deal with the client, you have not cheated The person involved? You must have been cheated, because in our industry, things are very complicated, and you need to change from time to time. It is impossible to do something honestly. If everything rises to the perspective of criminal adjustment, our work will be difficult. It can’t be carried out. For example, if the party asks you, how sure is this case? How much would you say? Would you say [-]%? [-]% The other party will definitely not seek you, and you might say [-]% to [-]% or even [-]% , but if you say this, you are deceiving the person involved, do you think you have cheated?"

(End of this chapter)