The strongest lawyer's road to wealth, rebirth to buy a house and a car
Chapter 231: As a lawyer, the most important thing is to protect yourself!
Lu Mingjun nodded, took out his phone and sent a message to Yan Xiang, and replied: "I see, if there is nothing else, I will go and get busy first!"
"The Chinese New Year is just a few days away. You should sort out your thoughts before the New Year. It will be a bit tiring to deal with this after the New Year!" Jiang Xinxin said and waved her hand, indicating that Lu Mingjun could go back.
Not long after, Yan Xiang came over, said hello to Jiang Xinxin, and walked out with the materials.
Even though only two days had passed, he already had a lot to say to his sister!
When the two walked out the door, Wang Lulu had already put on her coat and was holding a bag in her hand, and it seemed that she was going out with Jiang Xinxin.
The three of them nodded as a greeting.
Lu Mingjun, who had just returned to the office and had not had time to take a sip of tea, saw Yan Xiang, who had just returned, standing at the door with a pile of materials: "Sister, this case has been heard in court, and the verdict will probably be made in the next two days."
Lu Mingjun took the materials, looked at them, and then asked him, "What do you feel about it?"
Yan Xiang nodded and said, "Sister, I finally understand what you meant when you said that good lawyers don't talk much!"
Hearing this, Lu Mingjun looked up at Yan Xiang in surprise. He didn't expect that this guy would have feelings after just handling a case.
She was also very curious, so she encouraged him to continue with her eyes.
"We are from the continental legal system, which is different from the Anglo-American legal system in the United States. Our main task is to convince the judge of the facts we advocate, accept our legal logic, and make a ruling in our favor based on our thinking and the legal basis we have found." Yan Xiang said while paying attention to Lu Mingjun's expression, "So, in fact, in our trial procedures, the confrontation between lawyers does not need to be as fierce as those lawyers in the Anglo-American legal system."
Lu Mingjun nodded, then motioned for Yan Xiang to continue.
"So, when the court is in session, there is no need to argue with each other. I have seen that many lawyers will smoke and chat with each other after the court session. It is very harmonious! Moreover, I also found that those good lawyers who have done their job well will communicate the case with the judge long before the court session. Therefore, there is no need to say much during the court session. Only those lawyers who have not done their job well will choose to speak all this messy nonsense in front of the parties." When Yan Xiang said this, his eyes clearly revealed contempt, as if he was thinking of something bad.
Indeed, this expression aroused Lu Mingjun's interest.
She flipped through the case files and was shocked to find that the other party's attorney was Liu Kai from the Lize Law Firm, who had been harassing her before but had disappeared in recent times.
"What kind of trouble did this guy cause during the trial?" Lu Mingjun asked.
"Yes, he even asked me why I didn't go. I could tell he had bad intentions!" Yan Xiang pouted in disgust and continued, "It was clearly a case of infringement liability. The facts were monitored, so there was no way to make a fuss about it. Unexpectedly, this lawyer didn't want to work on the causal relationship and try to change the applicable law of this case. Instead, he came up with a unique way of preaching morality in court!"
With the guidance of Deputy Prosecutor General Yan, Yan Xiang ran to the court several times before the trial and communicated with the judge for a long time.
The effect of this kind of communication is that when the trial begins, the judge already has a basic logic in his mind that was formed when discussing the case with Yan Xiang.
This logic will certainly be beneficial to Yan Xiang’s client!
As for Liu Kai's client, unless the lawyer Liu Kai's professional ability is strong enough, so strong that he can find the fatal flaw in this logic in court, otherwise, their chances of winning this case are slim!
In fact, Liu Kai not only lacks the professional ability, but also resorts to moral kidnapping in court...
Tsk tsk tsk, he wouldn't think that all these judges' logic courses were in vain, right?
Of course, Yan Xiang’s complaint now still attracted Lu Mingjun’s attention.
Lu Mingjun, who was reborn, knew very well that not long after, with the rise of the self-media industry, many unsuccessful lawyers in reality began to gradually choose to take business online.
Of course, lawyers are also human beings and need to eat. They just change the platform to take cases. There is nothing wrong with this behavior in itself.
But the problem is that some lawyers, in order to attract traffic and popularity, have chosen to abandon what they have learned for many years, disregarding facts and legal provisions, and specifically working on moral kidnapping in order to resonate with netizens and win the support of public opinion.
Therefore, Liu Kai’s tricks may not be enough to affect the trial of the case now, but it is hard to say what will happen in the future.
"Lawyer Yan, we have no power to interfere with what others do, but the only thing we can do is to ensure our professionalism!" Lu Mingjun also hates people who play moral kidnapping. "In addition, you have already started working on the case. I believe that Prosecutor Yan will also tell you that the most important thing for a lawyer is to protect yourself! The most important thing here is to stick to two bottom lines: first, never collect evidence by yourself; second, do not contact your clients and witnesses alone in private!"
Upon hearing this, Yan Xiang's eyes widened instantly, and he exclaimed in disbelief: "My God, sister, that's what my father told me!"
Lu Mingjun nodded. Given Prosecutor Yan’s cautious personality, he would definitely take care of his precious son!
The two talked for a while before Lu Mingjun began to seriously look at the case he had just received.
The cause of action for this case is bankruptcy creditor's rights objection lawsuit.
Tianji Coffee was ordered by the court to be bankrupt and liquidated in accordance with the law. China Commercial Bank declared a specific property mortgage claim of 130 million yuan to the administrator. At the same time, the park’s State Taxation Bureau also declared a tax claim of 9.7 million yuan to the bankruptcy administrator.
The current dispute mainly lies in the fact that Tianji Coffee's tax arrears occurred first and the mortgage loan occurred later.
According to the provisions of the Tax Collection and Administration Law, if the tax is owed first and the mortgage is made later, the tax debt shall be paid off before the secured debt; however, according to the provisions of the Enterprise Bankruptcy Law, the mortgage debt of specific property shall absolutely take precedence over the tax debt.
At first, the manager was optimistic that the property could be sold at a high price, enough to cover the taxes and mortgages. Therefore, the manager chose to keep the dispute under wraps.
Later, the manager organized an auction of Tianji Coffee's assets. Unexpectedly, the real estate was auctioned for only 140 million yuan. After deducting the turnover tax generated by the transaction, the total cash assets were only more than 120 million yuan.
At this point, no matter how unwilling the manager is, he has to face the difficulties.
Later, they decided to follow the principle of priority of public law, apply the provisions of the Tax Collection and Administration Law, and give priority to repaying tax debts.
As the mortgagee of the specific property, China Merchants Bank only received more than 110 million yuan and lost more than 20 million yuan.
Now, China Merchants Bank was not happy with this. They filed a lawsuit directly and took the administrator to court. The IRS became the third party with an independent request.
When the IRS received the subpoena, it knew very well that the administrator didn’t care who the money was distributed to!
Therefore, whether the IRS can get the money or not depends on yourself!
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