started to "black" the lawyer, and it was very "black".
After the judge sentenced one party to lose the case, the party directly questioned his attorney: Didn’t it be possible to handle the judge? The lawyer was also ashamed of himself on the spot.
The party involved was also very tough. He questioned the judge whether he would take money or not, and ran to the judge and said he wanted to complain. Of course, the judge was not afraid of his shadow slanting, so he directly informed his complaint department and office location. It is obvious that the public relations fee paid by the client was still "accepted" by the lawyer.
0 I heard before I watched this drama that this drama is not very friendly to the image of "lawyer". As a lawyer, I should have been used to it. Being misunderstood by the public is also considered the fate of the lawyer industry. A client once asked me in front of me: I heard that you lawyers are all the defendants after eating the plaintiff? I laughed and didn't answer. Because I think this sentence is about a lawyer, it means that this person has no ability to think independently. The plaintiff and the defendant are completely opposite parties. When the lawyer is the plaintiff's agent, if you are the defendant, will you still "send money" to the plaintiff's lawyer? How stupid that is! In fact, this rumor is just the second half of the sentence, and many people start to use their imagination after learning half of the sentence.
The second episode followed further analysis of Lei Xingyu's intentional injury case, mainly discussing whether the actual danger faced by Lei Xingyu and his mother was serious enough and whether the danger continued?
In fact, this issue has been mentioned in the previous article. This question seems to be an objective problem, but in fact it also contains many subjective factors. In the same situation, some people may feel that there is no personal danger or it is not enough to pose a life threat. But for some timid people, it may be enough to make him feel the threat of life. Judge Xiao Shen and Judge Song had a fierce debate on this issue. After the quarrel, when Judge Xiao Shen persuaded Judge Song, he mentioned Judge Xiao Shen's experience of living with his mother, so he prefers Lei Xingyu for this case. However, Judge Song believes that as a judicial judge, one must break out of personal emotions and look at the problem with rationality. Of course, Judge Song’s statement is not wrong. In judicial practice, judges will try to judge cases with absolute rationality and legal provisions, but judges are also flesh and blood individuals, and they will inevitably be unable to completely escape from human innate emotions.
I remember that in a book by a famous American javascript Dworkin , it was mentioned that every judge will have his own biased opinions on a thing due to factors such as his knowledge, experience, life, and historical concepts. Therefore, in the judgment, he will first decide the result of the case based on his biased opinions, and then find a legal basis to support his opinion. Therefore, there is nothing wrong with Judge Xiao Shen’s argument for the case based on his own life experience. On the contrary, in this case, judge Xiao Shen is a ruling who has had similar experiences with the parties involved. Because of the danger at that time, no one will truly feel it in an immersive way. This similar life experience has been greatly reduced.
Immediately afterwards, the plot turned to another Luo Youyou's sudden death case live.
During the case mediation process, President Fang told Luo Youyou's parents that his parents had forced their daughter to ask for money. The original words were "emotional blackmail". Although it was very literary, the judge would not say these four words in reality. They were too accusatory and would have conflicts regardless of whether they were accurate or not. But back to the case, although his parents forced his daughter to give him 200,000 yuan, which forced his daughter to work overtime to earn money, in the case, this did not stop the labor relationship and work death.
In addition, in this case, Judge Ye Xin has been seeking new breakthrough points. The primary reason is a case caused by an emerging industry, and we must have new ideas for new problems.As an old mediator, President Fang mainly relies on experience in handling cases and has a very honorary sense of his work. When Lawyer Xu said that President Fang’s mediation work was just a mess, President Fang immediately became anxious. Of course, in reality, lawyers dare not say this in front of the judge. They must be called out to the teacher one by one, with great respect. In fact, in practice, lawyers want to maintain a relatively good and benign relationship with the court staff, even the security checkers at the door, rather than the arrogant look of Lawyer Xu in the TV series.
Finally, in order to find out the working model of Luo Youyou's company, Judge Ye pretended that the interviewer went to Kaba Kaba Company to collect evidence. Even as a film and television drama, such a plot cannot be arranged in order to promote the positive image of the judge. As a judge, he pretends to be a job seeker and goes to the defendant company in the case that our court is handling to investigate and collect evidence. The legality of such evidence itself has procedural problems. Secondly, as a judge, doing so has lost its neutrality and is unfair to the defendant. When the case enters the trial stage, will the corresponding judges need to avoid it, and even does the entire court need to avoid it?
When I was handling a case in a court in Zhengzhou, I heard a party in the court consulting the judge how to sue for his own case and what evidence should be prepared. The judge looked at the evidence and said: I can only tell you that your evidence may not necessarily support your victory. As for what other evidence you need to prepare, I cannot tell you. I think this judge’s approach is very correct. Of course, this is not only from the perspective of neutrality, but also an important reason you can consider for yourself. If the judge tells the party what evidence they need to prepare, what will happen if they lose the case in the end?
So the judge is a "passive" role, and the work that judicial personnel can actively serve must not involve matters that may affect the outcome of the case. These tasks should be the work of the parties themselves and the lawyers. Unfortunately, Luo Youyou's parents did not have the help of lawyers. I suggest that when filming similar TV series in the future, you can arrange a legal aid lawyer for the weak party to help promote the positive image of the lawyer. After all, every year, lawyer colleagues across the country will do a large number of legal aid cases to give back to the society. In order to find out the truth of the case, the judge will not come to collect evidence in person, which is neither realistic nor legal. If there is too much publicity like this, it will be a troublesome thing for the judge. What should I do if all the parties involved cannot find evidence themselves in the future and let the judge look for it? If the judge said that he could not help him find evidence, he took out the TV series and said that Judge Ye Xin was pretending to be a job seeker and went to the defendant's company to find evidence. Why can't you go? This will only increase the judge's workload.
In the early years, our media had similar excessive publicity for the public security department, and finding the police became a catchphrase when something happened. As a result, if you lose your kitten and dog at home, you can’t find the key, you will find the police, which caused great trouble to the police and wasted judicial resources. As a result, some civil disputes should not be managed by the police. When the police explained to the masses, some people did not understand and blamed the police for shirking their own affairs, which made the social effect very poor.
As a lawyer, after we accept the entrustment of the parties, we naturally handle the case from a standpoint, and there will be more places where we can exert subjective initiative. We can learn some of the evidence collection methods and ideas in the play to better handle the cases of the parties.
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