Grassroots lawyers also have spring
Chapter 486
Chapter 486
After Wan Fatty finished speaking, he leaned back in his chair and thought for a while: "I have never been a legal consultant for their family, but according to my understanding, most of their company's contracts are standard contracts, and occasionally some contracts need to be drafted and reviewed separately. It is estimated that the two companies will not exceed fifty copies a year.
So I am going to communicate with them, the review and drafting of contracts is limited to [-] contracts a year, the consultation is free, and [-] litigation cases are done for free every year. These [-] cases are calculated according to the dispute, not according to the trial level (that is A plaintiff and a defendant, no matter how many procedures they have gone through, are only one case).
Five times a year, such as accompanying the negotiation, the travel expenses shall be borne by the company.All service content is cleared every year, and the next year will be calculated separately, not accumulated.Businesses such as investment mergers and acquisitions are charged separately. "
"Well, it's good if it can be quantified. After all, they gave us an office area of [-] square meters for free. This workload should be enough." Sister Wang thought for a while.
"It's more than that! They left us all the office equipment. But we need to buy the printing paper and office computers ourselves. It's equivalent to changing the office address with the annual legal consultant's fee." Fatty Wan laughed.
"By the way, Wanlu, where is the law firm you mentioned located?" Wang Chuan asked suddenly.
"In Haidian District, I will relocate the law firm to Shijingshan District in the later stage. The procedural matters are easy to handle, and Lawyer Cao will cooperate with us." Fatty Wan said.
"Should the law firm have a new name?" Sister Wang asked.
"Well, we must change the name. Think about the new name first, and then we can talk about it after we take over the law firm." Fatty Wan said firmly.
After the three of them discussed at Fatty Wan's house, they had a meal together, and the first meeting of partners ended successfully.
On October [-], [-], the first working day after returning from the National Day holiday, Wang Chuan took the case files of the labor dispute between Mr. Gu and Yang Xinghua to the Fifth Tribunal of the Imperial Capital No. [-] Intermediate People's Court.
Wang Chuan took out his mobile phone to check. It was only a quarter past ten, a quarter of an hour before the agreed time for the conversation.He sat down not far from the trial court, thinking about how to tell the judge about the case.
At about [-]:[-], the door of the fifth trial court opened, and people came out one after another. The last court session should have finished.
Wang Chuan picked up the bag and walked over.
"Okay, let's leave this case as it is. I'll give you half a month. If you reach an agreement with the other party, let me know. Otherwise, I won't wait and will make a verdict." A young female judge He said to the defendant who was signing the transcript with a righteous face.
Wang Chuan glanced at the two people in the dock, no doubt they must be lawyers (don’t ask why! Suit and leather shoes, meticulous, and a professional atmosphere, not a lawyer!), they nodded their heads neither humble nor overbearing after listening to the judge’s words.
"Are you okay?" The young female judge looked sharply at Wang Chuan who appeared at the door.
Wang Chuan felt uncomfortable being watched by a large bird of prey.
"I am Gu Cong and Yang Xinghua's second instance labor dispute trial, Gu Cong's attorney, Wang Chuan. Before the festival, the court notified me to come and talk to Judge Wu." Wang Chuan said.
"Oh, sit down first! Wait for me for a while." After the young female judge finished speaking, she lowered her head and wrote two strokes before closing the case file.
Five minutes later, only Wang Chuan, the clerk, and the young female judge were left in the courtroom.
"Lawyer Wang, do you have any new evidence for the case of Gu Cong and Yang Xinghua?" The young female judge looked at Wang Chuan with softer eyes.
"There is no new evidence. The other party is completely Pengci. I once applied to the court to inquire about the cases Yang Xinghua participated in through the court's internal system, but the judgment did not show other case information, only some cases we submitted in court.
I think that Yang Xinghua tampered with important evidence and made false statements in the lawsuit, and he did have frequent and short-term labor relations with different employers in Hebei Province, Tianjin City, and Imperial Capital, and then forced the company to terminate him with various reasons. Labor relations, and then use his legal knowledge to seek benefits through litigation.
This is enough to show that Yang Xinghua is a professional laborer, and he premeditatedly obtained huge benefits through false litigation through his legal knowledge. "Wang Chuan said.
"Well, I noticed what you said when I read the file. I'll check it out again.
Do you have anything to add on the establishment time of the labor relationship between the appellant and the appellee? ’ asked the young female judge.
"At that time, the appellee asked the appellant to sign the labor relationship, but the appellant did not sign it. Later, both parties signed a "Piece Wage Confirmation Form".
Later, the appellant often asked for leave and worked for seven days without making a desk. Later, the relationship between the two parties deteriorated. The appellee called the appellant, but the appellant disappeared.
On October [-]th of last year, the appellee called the appellant again, and the two sides began to scold the grandma because they couldn't reach an agreement.The appellant told him to get out and not come to work, and the appellant never came again.
You want to!After scolding so much, is it possible for the appellant to go to work?It's not in line with common sense. It's fine to meet or not to fight. "Wang Chuan said.
……
The judge asked questions while listening, and the conversation ended after more than half an hour.
After Wang Chuan walked out of the gate of the No. [-] Intermediate Court, he called Mr. Gu and told him about the conversation. It is estimated that the second trial will not be held.
On the afternoon of October [-], Wang Chuan's plane landed at Baiyun Airport.He stayed at the four-star hotel, and Alan, the big golden retriever, was very reliable.
Early the next morning, Wang Chuan rushed to the court. As soon as the gate of the court opened, Wang Chuan entered Court No.12 through the security check.
Sitting on it was a handsome female judge with a determined face.The female clerk was busy checking the information of the plaintiff and the defendant.
"Plaintiff, please confirm the claim and state the facts and reasons of the case." The handsome female judge looked at Wang Chuan and said.
The Mandarin spoken in Guangdong Province is indeed extraordinary. Although the pronunciation is not very standard, you can still understand it if you listen carefully.
"I request the court to order: 12. The defendant pays 30 yuan in compensation for the plaintiff's illegal termination of the labor relationship; [-]. The litigation costs of this case shall be borne by the defendant.
Facts and reasons: The plaintiff joined the Harbor Restaurant on March [-], [-], and the two parties signed a labor contract. As of March [-], [-], the plaintiff has worked for the defendant for five years.
In March 18, the plaintiff received the notice of termination of the labor relationship issued by the defendant. The defendant cited Article [-] of the labor contract signed by the two parties, regarding the termination clause of the labor contract: 'Either party may terminate this contract, but it must be terminated one month in advance. Notify the other party in writing every month, or compensate the other party for one month's wages. 'The agreement terminated the labor relationship between the two parties.
The plaintiff believed that the defendant's unreasonable termination of the labor contract constituted an illegal termination of the labor relationship, and the defendant should pay the plaintiff compensation for the illegal termination of the labor relationship.
As of the day when the labor relationship was illegally terminated, the average monthly salary of the plaintiff in the 5000 months before leaving the job was 1 yuan. After working for five years, the social average salary in Guangdong Province was [-] yuan, which was [-]% of the social average salary. The double is [-] yuan.
The total amount of compensation for the illegal termination of the labor relationship is 1 yuan multiplied by five years and then multiplied by two, and the total is 12 yuan.
complete! "Wang Chuan said.
(End of this chapter)
After Wan Fatty finished speaking, he leaned back in his chair and thought for a while: "I have never been a legal consultant for their family, but according to my understanding, most of their company's contracts are standard contracts, and occasionally some contracts need to be drafted and reviewed separately. It is estimated that the two companies will not exceed fifty copies a year.
So I am going to communicate with them, the review and drafting of contracts is limited to [-] contracts a year, the consultation is free, and [-] litigation cases are done for free every year. These [-] cases are calculated according to the dispute, not according to the trial level (that is A plaintiff and a defendant, no matter how many procedures they have gone through, are only one case).
Five times a year, such as accompanying the negotiation, the travel expenses shall be borne by the company.All service content is cleared every year, and the next year will be calculated separately, not accumulated.Businesses such as investment mergers and acquisitions are charged separately. "
"Well, it's good if it can be quantified. After all, they gave us an office area of [-] square meters for free. This workload should be enough." Sister Wang thought for a while.
"It's more than that! They left us all the office equipment. But we need to buy the printing paper and office computers ourselves. It's equivalent to changing the office address with the annual legal consultant's fee." Fatty Wan laughed.
"By the way, Wanlu, where is the law firm you mentioned located?" Wang Chuan asked suddenly.
"In Haidian District, I will relocate the law firm to Shijingshan District in the later stage. The procedural matters are easy to handle, and Lawyer Cao will cooperate with us." Fatty Wan said.
"Should the law firm have a new name?" Sister Wang asked.
"Well, we must change the name. Think about the new name first, and then we can talk about it after we take over the law firm." Fatty Wan said firmly.
After the three of them discussed at Fatty Wan's house, they had a meal together, and the first meeting of partners ended successfully.
On October [-], [-], the first working day after returning from the National Day holiday, Wang Chuan took the case files of the labor dispute between Mr. Gu and Yang Xinghua to the Fifth Tribunal of the Imperial Capital No. [-] Intermediate People's Court.
Wang Chuan took out his mobile phone to check. It was only a quarter past ten, a quarter of an hour before the agreed time for the conversation.He sat down not far from the trial court, thinking about how to tell the judge about the case.
At about [-]:[-], the door of the fifth trial court opened, and people came out one after another. The last court session should have finished.
Wang Chuan picked up the bag and walked over.
"Okay, let's leave this case as it is. I'll give you half a month. If you reach an agreement with the other party, let me know. Otherwise, I won't wait and will make a verdict." A young female judge He said to the defendant who was signing the transcript with a righteous face.
Wang Chuan glanced at the two people in the dock, no doubt they must be lawyers (don’t ask why! Suit and leather shoes, meticulous, and a professional atmosphere, not a lawyer!), they nodded their heads neither humble nor overbearing after listening to the judge’s words.
"Are you okay?" The young female judge looked sharply at Wang Chuan who appeared at the door.
Wang Chuan felt uncomfortable being watched by a large bird of prey.
"I am Gu Cong and Yang Xinghua's second instance labor dispute trial, Gu Cong's attorney, Wang Chuan. Before the festival, the court notified me to come and talk to Judge Wu." Wang Chuan said.
"Oh, sit down first! Wait for me for a while." After the young female judge finished speaking, she lowered her head and wrote two strokes before closing the case file.
Five minutes later, only Wang Chuan, the clerk, and the young female judge were left in the courtroom.
"Lawyer Wang, do you have any new evidence for the case of Gu Cong and Yang Xinghua?" The young female judge looked at Wang Chuan with softer eyes.
"There is no new evidence. The other party is completely Pengci. I once applied to the court to inquire about the cases Yang Xinghua participated in through the court's internal system, but the judgment did not show other case information, only some cases we submitted in court.
I think that Yang Xinghua tampered with important evidence and made false statements in the lawsuit, and he did have frequent and short-term labor relations with different employers in Hebei Province, Tianjin City, and Imperial Capital, and then forced the company to terminate him with various reasons. Labor relations, and then use his legal knowledge to seek benefits through litigation.
This is enough to show that Yang Xinghua is a professional laborer, and he premeditatedly obtained huge benefits through false litigation through his legal knowledge. "Wang Chuan said.
"Well, I noticed what you said when I read the file. I'll check it out again.
Do you have anything to add on the establishment time of the labor relationship between the appellant and the appellee? ’ asked the young female judge.
"At that time, the appellee asked the appellant to sign the labor relationship, but the appellant did not sign it. Later, both parties signed a "Piece Wage Confirmation Form".
Later, the appellant often asked for leave and worked for seven days without making a desk. Later, the relationship between the two parties deteriorated. The appellee called the appellant, but the appellant disappeared.
On October [-]th of last year, the appellee called the appellant again, and the two sides began to scold the grandma because they couldn't reach an agreement.The appellant told him to get out and not come to work, and the appellant never came again.
You want to!After scolding so much, is it possible for the appellant to go to work?It's not in line with common sense. It's fine to meet or not to fight. "Wang Chuan said.
……
The judge asked questions while listening, and the conversation ended after more than half an hour.
After Wang Chuan walked out of the gate of the No. [-] Intermediate Court, he called Mr. Gu and told him about the conversation. It is estimated that the second trial will not be held.
On the afternoon of October [-], Wang Chuan's plane landed at Baiyun Airport.He stayed at the four-star hotel, and Alan, the big golden retriever, was very reliable.
Early the next morning, Wang Chuan rushed to the court. As soon as the gate of the court opened, Wang Chuan entered Court No.12 through the security check.
Sitting on it was a handsome female judge with a determined face.The female clerk was busy checking the information of the plaintiff and the defendant.
"Plaintiff, please confirm the claim and state the facts and reasons of the case." The handsome female judge looked at Wang Chuan and said.
The Mandarin spoken in Guangdong Province is indeed extraordinary. Although the pronunciation is not very standard, you can still understand it if you listen carefully.
"I request the court to order: 12. The defendant pays 30 yuan in compensation for the plaintiff's illegal termination of the labor relationship; [-]. The litigation costs of this case shall be borne by the defendant.
Facts and reasons: The plaintiff joined the Harbor Restaurant on March [-], [-], and the two parties signed a labor contract. As of March [-], [-], the plaintiff has worked for the defendant for five years.
In March 18, the plaintiff received the notice of termination of the labor relationship issued by the defendant. The defendant cited Article [-] of the labor contract signed by the two parties, regarding the termination clause of the labor contract: 'Either party may terminate this contract, but it must be terminated one month in advance. Notify the other party in writing every month, or compensate the other party for one month's wages. 'The agreement terminated the labor relationship between the two parties.
The plaintiff believed that the defendant's unreasonable termination of the labor contract constituted an illegal termination of the labor relationship, and the defendant should pay the plaintiff compensation for the illegal termination of the labor relationship.
As of the day when the labor relationship was illegally terminated, the average monthly salary of the plaintiff in the 5000 months before leaving the job was 1 yuan. After working for five years, the social average salary in Guangdong Province was [-] yuan, which was [-]% of the social average salary. The double is [-] yuan.
The total amount of compensation for the illegal termination of the labor relationship is 1 yuan multiplied by five years and then multiplied by two, and the total is 12 yuan.
complete! "Wang Chuan said.
(End of this chapter)
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