Grassroots lawyers also have spring
Chapter 483
Chapter 483
"Well, whether the 15 is given in the name of New Year's money or birthday, it should be considered a gift. As long as the money enters the child's bank account, the gift is complete. The money in the bank account belongs to the child.
The guardian of the child has the right to manage the child's savings on his behalf, but the guardian shall not arbitrarily dispose of the child's bank deposits except for the benefit of the child (such as paying tuition and miscellaneous fees for school, insurance premiums, and necessary medical expenses, etc.).
The actions of your ex-mother-in-law clearly violated the rights of the children.So I think you, as the guardian, have the right to sue your ex-mother-in-law and ask her to return the 15 yuan to your son.
However, if the bank account is not your ex-mother-in-law's, it is possible that the court will dismiss the lawsuit, or we will withdraw the lawsuit and re sue.This is also the risk in this case.
Think again, have you ever transferred money to your ex-mother-in-law before? Is the receiving account the same as the bank account that receives the money in the child's bank account? ! "Wang Chuan said.
"Well... I really remembered when you said that. At the beginning of last year, I actually transferred a sum of money to the old lady. The sum was not much, a total of 5000 yuan.
At that time, I was attending a meeting out of town, and my wife was in a rush, so I paid the old lady by bank transfer.
Just a moment, I'll check it out! "Speaking, Manager Gao sat down in front of the computer and looked it up. After more than five minutes, the senior manager excitedly said: "I found it.This is the account, ICBC's, with the same end number.I noted the payee's name at the time. "
"You take a screenshot and use it as evidence later," Wang Chuan suggested.
"Well, you also know that I'm busy at work every day and don't have time to deal with this matter. Can you help me represent this case? Of course I won't let you work in vain. You can tell me how much the lawyer's fee is." Manager Gao said.
"Where does your mother-in-law live?" Wang Chuan asked after thinking about it.
"Live in Fengtai. She asked me to help buy insurance before, and I kept a copy of her ID card." Manager Gao said.
"Manager Gao, last time you introduced Alan's case to me, I haven't thanked you yet. I will represent this case to you for free. You don't need to pay any more." Wang Chuan smiled.
The Golden Retriever case was introduced by Manager Gao. It is reasonable to give him a rebate (introduction fee), but recently the efficiency of the law firm has been getting lower and lower, and the lawyer’s fee has not been raised. Talk about it.
Besides, the senior manager is in charge of the hotel, and there will inevitably be lawsuits in the hotel in the future, and the free case for him is also to build relationships.
"Don't! Don't! This is not good. I introduce you to Alan's case because you are good at labor cases, and I am helping myself by helping you.
You helped Alan settle the previous matter, and he can work in the hotel with more peace of mind. I have no other purpose in introducing the case to you, it is purely because of your professional skills, so don't think too much about it.
I have also contacted many lawyers in these years. I know that your lawyers will give me kickbacks for introducing business, but I have never received kickbacks in these years.
Our foreign-funded hotels attach great importance to the professional ethics of managers and commercial bribery. I have worked abroad for nearly ten years, and I have formed a habit long ago.If you still regard me as a friend, don't mention any free representation or kickbacks.
I only have one standard for doing things, it depends on ability!You are capable enough, I will try my best to help you.Still the same sentence, helping you is helping myself. Manager Gao said with a serious face.
Hearing Manager Gao's words, Wang Chuan immediately felt hot on his face. There are too few such people in China: "Alright then. I won't say too much, and I will take your case on behalf of you. The lawyer's fee is 5000 yuan."
Manager Gao looked a little displeased. He has been an executive for so many years and has been involved in so many cases. He still has a rough idea of how much attorney fees should be charged for a case with a bid of 15.He didn't want someone to report to the boss that he was using his power for personal gain!
He was about to speak when Wang Chuan stopped him.
"After listening to me, you are judging whether the lawyer's fee I mentioned is appropriate.
First of all, judging from the target amount, the total is 15. It should be normal for a lawyer like me who has practiced for four years to charge around [-] to [-].
Secondly, your case is relatively simple, and the simpler the case, the less room for lawyers to play, so my workload can be seen.
Furthermore, I am only representing you in the first trial, not all the way until the payment is returned, so I think it is more appropriate to charge 5000 yuan for the lawyer's fee. "Wang Chuan said.
It's not that Wang Chuan doesn't want to charge more lawyer fees, but that he can't, and he will cooperate with others in the future!If you quote a high price or a price that looks normal this time, other lawyers will know about it and use it as an excuse. Manager Gao will not say anything in the future, but it may not be certain what he thinks in his heart. People's words are awesome!
So Wang Chuan found a reason and reduced the lawyer's fee to 5000 yuan.If it wasn't for long-term cooperation, Wang Chuan would have to charge at least 1 yuan for the lawyer fee of this case for a client with a position like Manager Gao.
In fact, there is no fixed standard for the collection of attorney fees. Lawyers generally judge the amount of attorney fees from three aspects: one is to look at the subject matter of the case; the other is to look at the difficulty of the case (that is, the workload); the third is to look at the client's payment Ability, that is, "seeing people order dishes".
The third of these three aspects is the most important. No matter how simple or complex the case is, how high or low the bid is, the most important factor in deciding whether the client entrusts is the client's ability to bear.
The so-called affordability includes the ability to bear the risks of the case and the ability to bear the attorney's fees.In other words, for the same case, if the client is an ordinary person, the lawyer's fee may only be 5000 yuan, but if the client is not short of money, the lawyer's fee will be tens of thousands!
Of course, the price difference mainly lies in how the lawyers explain it. For example, whether a junior lawyer represents a case or a senior partner represents the case, the difference in cost may be dozens of times or even more.If the client is not short of money, guess who he will choose to represent his case!
Each customer's case is a non-standard service, which means the difference in fees and service personnel.Therefore, it is impossible to have a fixed price for legal fees.
"Thank you!" Manager Gao said with a smile: If there is an electronic version of the entrustment procedure, I can print it out and sign it now. "
"Thank you, no need! I have spare entrustment procedures here." Wang Chuan took out a set of entrustment procedures for natural persons from his bag and handed it over.
After signing, Wang Chuan put away the agency contract and prepared to take it back for stamping, and then asked Manager Gao to prepare relevant evidence and copies of certificates.
(End of this chapter)
"Well, whether the 15 is given in the name of New Year's money or birthday, it should be considered a gift. As long as the money enters the child's bank account, the gift is complete. The money in the bank account belongs to the child.
The guardian of the child has the right to manage the child's savings on his behalf, but the guardian shall not arbitrarily dispose of the child's bank deposits except for the benefit of the child (such as paying tuition and miscellaneous fees for school, insurance premiums, and necessary medical expenses, etc.).
The actions of your ex-mother-in-law clearly violated the rights of the children.So I think you, as the guardian, have the right to sue your ex-mother-in-law and ask her to return the 15 yuan to your son.
However, if the bank account is not your ex-mother-in-law's, it is possible that the court will dismiss the lawsuit, or we will withdraw the lawsuit and re sue.This is also the risk in this case.
Think again, have you ever transferred money to your ex-mother-in-law before? Is the receiving account the same as the bank account that receives the money in the child's bank account? ! "Wang Chuan said.
"Well... I really remembered when you said that. At the beginning of last year, I actually transferred a sum of money to the old lady. The sum was not much, a total of 5000 yuan.
At that time, I was attending a meeting out of town, and my wife was in a rush, so I paid the old lady by bank transfer.
Just a moment, I'll check it out! "Speaking, Manager Gao sat down in front of the computer and looked it up. After more than five minutes, the senior manager excitedly said: "I found it.This is the account, ICBC's, with the same end number.I noted the payee's name at the time. "
"You take a screenshot and use it as evidence later," Wang Chuan suggested.
"Well, you also know that I'm busy at work every day and don't have time to deal with this matter. Can you help me represent this case? Of course I won't let you work in vain. You can tell me how much the lawyer's fee is." Manager Gao said.
"Where does your mother-in-law live?" Wang Chuan asked after thinking about it.
"Live in Fengtai. She asked me to help buy insurance before, and I kept a copy of her ID card." Manager Gao said.
"Manager Gao, last time you introduced Alan's case to me, I haven't thanked you yet. I will represent this case to you for free. You don't need to pay any more." Wang Chuan smiled.
The Golden Retriever case was introduced by Manager Gao. It is reasonable to give him a rebate (introduction fee), but recently the efficiency of the law firm has been getting lower and lower, and the lawyer’s fee has not been raised. Talk about it.
Besides, the senior manager is in charge of the hotel, and there will inevitably be lawsuits in the hotel in the future, and the free case for him is also to build relationships.
"Don't! Don't! This is not good. I introduce you to Alan's case because you are good at labor cases, and I am helping myself by helping you.
You helped Alan settle the previous matter, and he can work in the hotel with more peace of mind. I have no other purpose in introducing the case to you, it is purely because of your professional skills, so don't think too much about it.
I have also contacted many lawyers in these years. I know that your lawyers will give me kickbacks for introducing business, but I have never received kickbacks in these years.
Our foreign-funded hotels attach great importance to the professional ethics of managers and commercial bribery. I have worked abroad for nearly ten years, and I have formed a habit long ago.If you still regard me as a friend, don't mention any free representation or kickbacks.
I only have one standard for doing things, it depends on ability!You are capable enough, I will try my best to help you.Still the same sentence, helping you is helping myself. Manager Gao said with a serious face.
Hearing Manager Gao's words, Wang Chuan immediately felt hot on his face. There are too few such people in China: "Alright then. I won't say too much, and I will take your case on behalf of you. The lawyer's fee is 5000 yuan."
Manager Gao looked a little displeased. He has been an executive for so many years and has been involved in so many cases. He still has a rough idea of how much attorney fees should be charged for a case with a bid of 15.He didn't want someone to report to the boss that he was using his power for personal gain!
He was about to speak when Wang Chuan stopped him.
"After listening to me, you are judging whether the lawyer's fee I mentioned is appropriate.
First of all, judging from the target amount, the total is 15. It should be normal for a lawyer like me who has practiced for four years to charge around [-] to [-].
Secondly, your case is relatively simple, and the simpler the case, the less room for lawyers to play, so my workload can be seen.
Furthermore, I am only representing you in the first trial, not all the way until the payment is returned, so I think it is more appropriate to charge 5000 yuan for the lawyer's fee. "Wang Chuan said.
It's not that Wang Chuan doesn't want to charge more lawyer fees, but that he can't, and he will cooperate with others in the future!If you quote a high price or a price that looks normal this time, other lawyers will know about it and use it as an excuse. Manager Gao will not say anything in the future, but it may not be certain what he thinks in his heart. People's words are awesome!
So Wang Chuan found a reason and reduced the lawyer's fee to 5000 yuan.If it wasn't for long-term cooperation, Wang Chuan would have to charge at least 1 yuan for the lawyer fee of this case for a client with a position like Manager Gao.
In fact, there is no fixed standard for the collection of attorney fees. Lawyers generally judge the amount of attorney fees from three aspects: one is to look at the subject matter of the case; the other is to look at the difficulty of the case (that is, the workload); the third is to look at the client's payment Ability, that is, "seeing people order dishes".
The third of these three aspects is the most important. No matter how simple or complex the case is, how high or low the bid is, the most important factor in deciding whether the client entrusts is the client's ability to bear.
The so-called affordability includes the ability to bear the risks of the case and the ability to bear the attorney's fees.In other words, for the same case, if the client is an ordinary person, the lawyer's fee may only be 5000 yuan, but if the client is not short of money, the lawyer's fee will be tens of thousands!
Of course, the price difference mainly lies in how the lawyers explain it. For example, whether a junior lawyer represents a case or a senior partner represents the case, the difference in cost may be dozens of times or even more.If the client is not short of money, guess who he will choose to represent his case!
Each customer's case is a non-standard service, which means the difference in fees and service personnel.Therefore, it is impossible to have a fixed price for legal fees.
"Thank you!" Manager Gao said with a smile: If there is an electronic version of the entrustment procedure, I can print it out and sign it now. "
"Thank you, no need! I have spare entrustment procedures here." Wang Chuan took out a set of entrustment procedures for natural persons from his bag and handed it over.
After signing, Wang Chuan put away the agency contract and prepared to take it back for stamping, and then asked Manager Gao to prepare relevant evidence and copies of certificates.
(End of this chapter)
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