Grassroots lawyers also have spring
Chapter 356
Chapter 356
"You! The practice time is still short and you have no experience! First of all, you have to figure out who paid you to go to court. It's a client, right!" Sister Wang said seriously.
"That's right, it's impossible for the other party to give me money! The court only collects money. When did it ever give money to the lawyer!" Wang Chuan said.
"That's the end of it! You just need to serve the client well, and you don't need to worry about the judge. As long as your representation is not against the judge, the judge won't bother to care about you." Sister Wang said.
"Sister Wang is right. Do you know who is your enemy after accepting the client's entrustment?" Fatty Wan also came over.
At this moment, all the young lawyers in the law firm cheered up, waiting for Fatty Wan to speak the second half of the sentence.
"Is there no client in the meeting room?" Fatty Wan asked in a low voice.
"No, today's clients are all sent away. Tell me!" Hao Renyuan ran to the door of the meeting room, looked at it and said.
"You young lawyers must remember that when you accept the commission, your biggest enemy is not the other party, nor the judge, but your client." Fatty Wan said.
"Ah?! Why?" Du Wenhui's eyes were full of confusion.The others were similar to her, and they all looked confused.
"Think about it! Regardless of whether the case is won or won, who is most likely to complain to you?" Fatty Wan said, scanning everyone's faces.
"High! It's really high! Lawyer Wan's words are simply wise!" Hao Renyuan slapped his thigh suddenly and said, "Just take me for example. In the case I worked on a while ago, because the judge didn't arrange a trial for a long time, the client actually complained to the firm. Sue me, say I don't care about his case.
The conscience of heaven and earth, I call the court every month to inquire about the progress of the case, and then tell him that he actually said that I don't care.I really want to grab him and give him two big slaps. "
"I feel the same way! In a case I worked on before, I won the case. As a result, the client complained to the Lawyers Association, saying that I did not fulfill my responsibilities.
The director went to the Lawyers Association and found out that although the case was won, the amount of compensation awarded by the judge did not meet the client's expectations.If the customer is not satisfied, ask for a refund!
The key is that when I took the case, I told the client that the amount of the verdict might not be optimistic, and I made a record, and the client signed it, but the client was lucky.
In the end, the director submitted the transcript of the case to the Lawyers Association, and that was the end of the matter. "Sister Wang complained.
"So! Wang Chuan, I suggest you write something that can make the customer vent their anger, and let him vent his anger. Don't think too much." Fatty Wan said.
"Okay! Listen to people's advice to eat enough. I'll think about it again." Wang Chuan scratched his head and said.
On Monday morning, Wang Chuan sat in the plaintiff's seat, and Mr. Hu sat beside Wang Chuan.
The case of Hu's head office is an administrative lawsuit, which is the so-called civil lawsuit against the official. The man sitting in the dock is a male employee of the Labor Bureau. He is in his forties, with a three- to seven-point hairstyle, some white hair, and looks a little thin. .
"The plaintiff confirms your claim, is there any change?" A thin male judge asked.
"No change! The plaintiff thinks..." Wang Chuan was interrupted in the middle of his sentence.
"Okay, no need for the plaintiff, I will give you time to express my agency opinion later." After finishing speaking, the thin male judge turned his head to look at the defendant and said, "The defendant is defending against the plaintiff's lawsuit."
Wang Chuan was speechless for a while!Hu always felt that the judge was unfair to his side, but Wang Chuan pressed him down when he was about to speak.
"Don't talk, look first before you talk." Wang Chuan whispered in Mr. Hu's ear.
Mr. Hu is not afraid of the judge, but Wang Chuan doesn't want him to quarrel with the judge in court. If he really wants to argue, it will be harmful to himself and not beneficial. If the judge has an opinion on the plaintiff, the case will not be easy to fight. In fact, the judge had no idea that this case was not easy to fight.
"The defendant disagrees with the plaintiff's request to revoke the work-related injury determination.
After investigation by the defendant, the employee of the plaintiff jumped off the stands from the guardrail and fell down due to the urgency to urinate at the sports meeting organized by the company.
Among the evidence submitted by the plaintiff, there is a statement about the employee's injury process, which just proves this point.The statement clearly stated that the employee jumped over the guardrail and fell due to urgency, indicating that the plaintiff agreed with the content of the defendant's investigation, and it also reflected the actual situation when the situation occurred.
The plaintiff wrote in the complaint that it took about 10 minutes to go down from the stands to the bathroom, but under the circumstances at that time, the employees were already very uncomfortable, and it was impossible to endure another 10 minutes to go to the bathroom. It can't be solved anywhere, so I choose a shortcut, and it's convenient to look at the side of the stage.
In addition, the injured employee is a man, and men and women have different choices on how to solve the problem of urination, and men often choose a more convenient way to solve the problem of urination.
According to our on-the-spot investigation, the actual distance from the actual distance to the ground where the employees jumped is less than 1.5 meters. Most people will not be injured when they jump, mainly because the employees are too fat and overconfident in their physical fitness, which leads to injuries.
According to Article [-] of the Opinions of the Imperial Higher People's Court on Several Issues Concerning the Adjudication of Work-related Injuries (Trial), "the accidental injury suffered by an employee when fulfilling the necessary physiological needs due to work, and the employee's compensation for the employer's Accidental injuries suffered by interests in activities dealing with major and emergency situations, or in work-related activities organized or arranged by the employer, may be regarded as work-related reasons.”
To sum up, the defendant has sufficient factual basis for making the Work Injury Determination Letter to the employee in accordance with legal provisions and other relevant regulations, and the evidence is conclusive, the application of the work injury determination letter is correct, and the procedures are legal and compliant.
Request the court to dismiss the plaintiff's claim in accordance with the law.The defense is over! "The male employee of the Labor Bureau replied.
"Plaintiff and defendant, do you have any new evidence to submit?" the thin male judge asked.
"No." Wang Chuan said.At the same time, the accused male employee also stated that there was no new evidence.
"Okay, let's start presenting evidence now. The plaintiff presents evidence." said the thin male judge.
"The first piece of evidence is the explanation of the employee's injury and the testimony of the plaintiff's employee. It proves that the injured employee caused the injury due to his own reasons and has nothing to do with the plaintiff.
The second piece of evidence, the photos from the scene, shows that the stand is nearly 1.5 meters from the ground, and jumping from such a height can easily cause personal injury.It proves that the employee did it knowingly that he would be injured and did it on purpose.It should not be considered a work injury. "Wang Chuan bit the bullet and said.
"The defendant cross-examines evidence." The thin male judge said to the Labor Bureau employee with a half-cut hairstyle.
"The first piece of evidence is acceptable, but the proof purpose of this piece of evidence is not. This piece of evidence fully proves that the employee was injured when he went to participate in the collective activities organized by the plaintiff.
The second piece of evidence is admitted, but not for the purpose of proving the evidence.This evidence does not prove that the employee knew that the jump would result in injury.
Cross-examination is complete. " said the labor bureau employee.
……
(End of this chapter)
"You! The practice time is still short and you have no experience! First of all, you have to figure out who paid you to go to court. It's a client, right!" Sister Wang said seriously.
"That's right, it's impossible for the other party to give me money! The court only collects money. When did it ever give money to the lawyer!" Wang Chuan said.
"That's the end of it! You just need to serve the client well, and you don't need to worry about the judge. As long as your representation is not against the judge, the judge won't bother to care about you." Sister Wang said.
"Sister Wang is right. Do you know who is your enemy after accepting the client's entrustment?" Fatty Wan also came over.
At this moment, all the young lawyers in the law firm cheered up, waiting for Fatty Wan to speak the second half of the sentence.
"Is there no client in the meeting room?" Fatty Wan asked in a low voice.
"No, today's clients are all sent away. Tell me!" Hao Renyuan ran to the door of the meeting room, looked at it and said.
"You young lawyers must remember that when you accept the commission, your biggest enemy is not the other party, nor the judge, but your client." Fatty Wan said.
"Ah?! Why?" Du Wenhui's eyes were full of confusion.The others were similar to her, and they all looked confused.
"Think about it! Regardless of whether the case is won or won, who is most likely to complain to you?" Fatty Wan said, scanning everyone's faces.
"High! It's really high! Lawyer Wan's words are simply wise!" Hao Renyuan slapped his thigh suddenly and said, "Just take me for example. In the case I worked on a while ago, because the judge didn't arrange a trial for a long time, the client actually complained to the firm. Sue me, say I don't care about his case.
The conscience of heaven and earth, I call the court every month to inquire about the progress of the case, and then tell him that he actually said that I don't care.I really want to grab him and give him two big slaps. "
"I feel the same way! In a case I worked on before, I won the case. As a result, the client complained to the Lawyers Association, saying that I did not fulfill my responsibilities.
The director went to the Lawyers Association and found out that although the case was won, the amount of compensation awarded by the judge did not meet the client's expectations.If the customer is not satisfied, ask for a refund!
The key is that when I took the case, I told the client that the amount of the verdict might not be optimistic, and I made a record, and the client signed it, but the client was lucky.
In the end, the director submitted the transcript of the case to the Lawyers Association, and that was the end of the matter. "Sister Wang complained.
"So! Wang Chuan, I suggest you write something that can make the customer vent their anger, and let him vent his anger. Don't think too much." Fatty Wan said.
"Okay! Listen to people's advice to eat enough. I'll think about it again." Wang Chuan scratched his head and said.
On Monday morning, Wang Chuan sat in the plaintiff's seat, and Mr. Hu sat beside Wang Chuan.
The case of Hu's head office is an administrative lawsuit, which is the so-called civil lawsuit against the official. The man sitting in the dock is a male employee of the Labor Bureau. He is in his forties, with a three- to seven-point hairstyle, some white hair, and looks a little thin. .
"The plaintiff confirms your claim, is there any change?" A thin male judge asked.
"No change! The plaintiff thinks..." Wang Chuan was interrupted in the middle of his sentence.
"Okay, no need for the plaintiff, I will give you time to express my agency opinion later." After finishing speaking, the thin male judge turned his head to look at the defendant and said, "The defendant is defending against the plaintiff's lawsuit."
Wang Chuan was speechless for a while!Hu always felt that the judge was unfair to his side, but Wang Chuan pressed him down when he was about to speak.
"Don't talk, look first before you talk." Wang Chuan whispered in Mr. Hu's ear.
Mr. Hu is not afraid of the judge, but Wang Chuan doesn't want him to quarrel with the judge in court. If he really wants to argue, it will be harmful to himself and not beneficial. If the judge has an opinion on the plaintiff, the case will not be easy to fight. In fact, the judge had no idea that this case was not easy to fight.
"The defendant disagrees with the plaintiff's request to revoke the work-related injury determination.
After investigation by the defendant, the employee of the plaintiff jumped off the stands from the guardrail and fell down due to the urgency to urinate at the sports meeting organized by the company.
Among the evidence submitted by the plaintiff, there is a statement about the employee's injury process, which just proves this point.The statement clearly stated that the employee jumped over the guardrail and fell due to urgency, indicating that the plaintiff agreed with the content of the defendant's investigation, and it also reflected the actual situation when the situation occurred.
The plaintiff wrote in the complaint that it took about 10 minutes to go down from the stands to the bathroom, but under the circumstances at that time, the employees were already very uncomfortable, and it was impossible to endure another 10 minutes to go to the bathroom. It can't be solved anywhere, so I choose a shortcut, and it's convenient to look at the side of the stage.
In addition, the injured employee is a man, and men and women have different choices on how to solve the problem of urination, and men often choose a more convenient way to solve the problem of urination.
According to our on-the-spot investigation, the actual distance from the actual distance to the ground where the employees jumped is less than 1.5 meters. Most people will not be injured when they jump, mainly because the employees are too fat and overconfident in their physical fitness, which leads to injuries.
According to Article [-] of the Opinions of the Imperial Higher People's Court on Several Issues Concerning the Adjudication of Work-related Injuries (Trial), "the accidental injury suffered by an employee when fulfilling the necessary physiological needs due to work, and the employee's compensation for the employer's Accidental injuries suffered by interests in activities dealing with major and emergency situations, or in work-related activities organized or arranged by the employer, may be regarded as work-related reasons.”
To sum up, the defendant has sufficient factual basis for making the Work Injury Determination Letter to the employee in accordance with legal provisions and other relevant regulations, and the evidence is conclusive, the application of the work injury determination letter is correct, and the procedures are legal and compliant.
Request the court to dismiss the plaintiff's claim in accordance with the law.The defense is over! "The male employee of the Labor Bureau replied.
"Plaintiff and defendant, do you have any new evidence to submit?" the thin male judge asked.
"No." Wang Chuan said.At the same time, the accused male employee also stated that there was no new evidence.
"Okay, let's start presenting evidence now. The plaintiff presents evidence." said the thin male judge.
"The first piece of evidence is the explanation of the employee's injury and the testimony of the plaintiff's employee. It proves that the injured employee caused the injury due to his own reasons and has nothing to do with the plaintiff.
The second piece of evidence, the photos from the scene, shows that the stand is nearly 1.5 meters from the ground, and jumping from such a height can easily cause personal injury.It proves that the employee did it knowingly that he would be injured and did it on purpose.It should not be considered a work injury. "Wang Chuan bit the bullet and said.
"The defendant cross-examines evidence." The thin male judge said to the Labor Bureau employee with a half-cut hairstyle.
"The first piece of evidence is acceptable, but the proof purpose of this piece of evidence is not. This piece of evidence fully proves that the employee was injured when he went to participate in the collective activities organized by the plaintiff.
The second piece of evidence is admitted, but not for the purpose of proving the evidence.This evidence does not prove that the employee knew that the jump would result in injury.
Cross-examination is complete. " said the labor bureau employee.
……
(End of this chapter)
You'll Also Like
-
You said you were good at archaeology, but your tattoo of the Nine Dragons pulling the coffin has be
Chapter 1767 18 hours ago -
Starting from traveling through Naruto, who says archers are weak
Chapter 203 18 hours ago -
I was imprisoned by the Empress at the beginning, and I was secretly invincible
Chapter 716 18 hours ago -
Pirates: Get the telekinesis fruit at the start!
Chapter 145 18 hours ago -
Hong Kong Film: The Positive Energy System of the Hongxing Boss
Chapter 592 18 hours ago -
Naruto: I am immortal and can open the eight gates infinitely
Chapter 183 18 hours ago -
Naruto: Reborn as Uchiha Itachi and kill Danzo first
Chapter 88 18 hours ago -
The Peerless Fisherman: The Counterattack Started from Accidentally Entering a Fishing Village
Chapter 245 18 hours ago -
The ghost knocked on the door, luckily I was able to read the save file!
Chapter 105 18 hours ago -
I asked you to teach the worst class, but you made it the best in the school?
Chapter 229 18 hours ago