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Chapter 488 A man is a breath, a Buddha is a stick of incense!
Chapter 488 Man is a breath, Buddha is a stick of incense!
At first, Wang Chuan was afraid that Attorney Mu would find an excuse not to issue the Sanqing certificate, so he held him and Fatty Wan from transferring the firm, but now it seems that he was thinking too much.
It is more troublesome for the lawyers in Imperial City to go through the transfer procedures. First of all, they have to settle the financial affairs with the original law firm. The completed cases must be filed and handed over to the firm. The unfinished cases must be negotiated with the firm and signed a tripartite agreement. If it is transferred to other lawyers in the firm, there must be an explanation.
After everything is done, the law firm will issue a Sanqing certificate, which proves that the lawyer who is going to transfer to the original law firm has completed all the handover procedures and there is no dispute.
In the past, for various purposes, even if the case and the money were settled, some law firms would not issue a three-clearance certificate to the lawyer who was going to transfer to another firm, and would detain the lawyer and refuse to let him go.In the end, the lawyer filed a complaint with the Lawyers Association and the Judiciary Bureau, causing everyone to break up unhappy.
After [-], the judicial department of the imperial capital has simplified the procedures for transferring firms. It does not require the original law firm to issue a Sanqing certificate, and all operations can be performed online.You only need a lawyer to issue a letter of commitment to transfer.It makes switching lawyers a lot easier.
Now it seems that Mu Huaijin has already made up his mind, anyone who wants to leave is fine, and he will not artificially embarrass anyone.We are all lawyers, and it is not easy to earn a living, why should lawyers make things difficult for lawyers!
"Lawyer Mu, the two of us toast you with water and wine." After Wan Fatty finished speaking, he raised his glass with Wang Chuan to clink with Mu Huaijin, and drank it all in one gulp.
"Our two brothers are going to transfer to another firm to practice. During this time, we will bind and submit the closed cases." Fatty Wan said.
"Are you going to open an office, or just change platforms?" Mu Huaijin was not surprised at all.
"We're going to take over a law firm and do it ourselves. I'll ask you if there's anything I don't understand in the future!" Fatty Wan said with a smile.
"Congratulations, both of you! You have finally made this step. If you have anything to ask, I will tell you everything." Mu Huaijin said sincerely, feeling a little depressed: "Hey! Actually, I can't help you much, if I really have the ability, I can't help you." It won’t make the law firm like this! You can ask Director Niu more.”
As soon as Mu Huaijin's words came out, Wang Chuan and Wan Fatty felt a little sad.After all, they have worked together for several years, and people are not grass and trees. After a long time, Wang Chuan and Fatty Wan will always have some feelings for Mu Huaijin and Lao Niu, or for the law firm.
"Mulu, eat a la carte, don't be so sad. We'll set up the place later, if you want, you can come over, let's do it together." Fatty Wan said.
"Okay! I won't be able to get along by then, so I'll go find you." Mu Huaijin said slightly sadly.Maybe he has lost confidence in Zhengyang Law Firm, which is why he said this.
On the morning of October [-]th, Wang Chuan went to the No. [-] Intermediate People's Court with Fatty Wan with the case file. At [-] o'clock this morning, the second instance of the dispute over the real estate sales contract between him and Gao Wanhe and Zhang Xiuying opened.
"Appellant, state the claims, facts and reasons." After the gavel rang, the gray-haired male judge in his 50s who sat on it looked at Wang Chuan and Fatty Wan with burning eyes.
"The appeal of the appellant, first, revoke the (2010) Jing 0109 Minchu No. 105X civil judgment in accordance with the law; bear.
Facts and reasons: the appellant and appellee Gao Yu are located in Mentougou District..."
Fatty Wan was reading the petition, while Wang Chuan felt a little restless on the sidelines.
He was restless not because he sat in court to participate in the trial, but because he was worried that if he lost the case, the house he bought would be gone, and he was suddenly worried about gains and losses.
Although he felt that he was justified and that the real estate transaction was legally tenable, he still felt disturbed and aggrieved for no reason.
"The appellee defends." The gray-haired male judge turned his head to look at the appellee's attorney, a male lawyer with a three-to-three haircut.
"The appellees Gao Wanhe and Zhang Xiuying disagree with the appellant's claim.
The appellant and the appellee Gao Yu bought and sold the property they jointly owned with Gao Wan without the consent of the appellee Zhang Xiuying, which violated the appellee's rights and interests, and the appellee agreed with the first-instance judgment.
Request the court to dismiss the appellant's claim.The defense is over. " said the male lawyer with thirty-seven haircut.
"Court mediation is starting now. Do you agree to mediation, the appellant and the appellee?" asked the gray-haired male judge.
"The appellee agrees to the mediation and is willing to return some money to the appellant, but the real estate must be returned to the appellee." said the male lawyer with thirty-seven haircuts.
Fatty Wan looked at Wang Chuan and said in a low voice, "Do you want to mediate?"
"No mediation!"
How to adjust?Return the real estate to the other party according to the other party's statement, and ask for more money?The other party came rushing to the real estate, no matter how he transferred Wang Chuan, he would suffer!
In other words, even in the worst case, the second instance upholds the original judgment, the sales contract is invalid, and the real estate is returned to the other party, the other party has to return the purchase price.Compared with the result of mediation, it is nothing more than asking for more money or less money.
Man is one breath, Buddha is one stick of incense!If so, why mediate?It's better to give it a go. If the court acts impartially, Wang Chuan believes that he may not lose.
"The appellant does not agree to the mediation." Fatty Wan said loudly.
"Okay, let's continue the trial." The gray-haired male judge said, "Do you have any new evidence to submit? Appellant? Appellee?"
"There is no new evidence." Fatty Wan said.
"The appellee has no new evidence," said the male lawyer with a haircut of three to seven.
"Appellant, as a legal worker, have you checked the owner's information and reviewed the seller's agency authority when signing the real estate sales contract?" The gray-haired male judge looked at Wang Chuan Asked: "Please ask the appellant to answer this question himself."
"I've checked it. At that time, I checked the real estate certificate. The owner of the house was not the seller himself, but the seller's son. At that time, the power of attorney for selling the house was only signed by Gao Wanhe. To be on the safe side, I asked him to go back and find His mother Zhang Xiuying signed it." Wang Chuan said.
"How do you know that the owner's son is selling the house?" asked the gray-haired male judge.
"I asked Gao Yu, the seller, and he told me that this house was owned by his father when he was working in the mine. And when the property was transferred, he also saw the entrustment procedures." Wang Chuan said.
"Did you know Gao Yu before?" the gray-haired judge asked.
"I don't know him! At that time, lawyer Wan introduced me to him. There is a record in the first-instance case file." Wang Chuan said.
"Lawyer Wan? Is that the lawyer Wan next to you?" the gray-haired male judge asked.
"It's me! I represented Gao Yu's criminal case at the beginning, and we got to know each other later, but we didn't know each other very well.
Later, Gao Yu listed properties for sale in Lianjia and Jincheng Fuye, and also asked me if I wanted to buy a house.I didn't have that much money at the time, but I felt that although the location of the property was a bit off, the courtyard was pretty good, so I introduced the appellant to buy the property sold by Gao Yu. " Fatty Wan said.
(End of this chapter)
At first, Wang Chuan was afraid that Attorney Mu would find an excuse not to issue the Sanqing certificate, so he held him and Fatty Wan from transferring the firm, but now it seems that he was thinking too much.
It is more troublesome for the lawyers in Imperial City to go through the transfer procedures. First of all, they have to settle the financial affairs with the original law firm. The completed cases must be filed and handed over to the firm. The unfinished cases must be negotiated with the firm and signed a tripartite agreement. If it is transferred to other lawyers in the firm, there must be an explanation.
After everything is done, the law firm will issue a Sanqing certificate, which proves that the lawyer who is going to transfer to the original law firm has completed all the handover procedures and there is no dispute.
In the past, for various purposes, even if the case and the money were settled, some law firms would not issue a three-clearance certificate to the lawyer who was going to transfer to another firm, and would detain the lawyer and refuse to let him go.In the end, the lawyer filed a complaint with the Lawyers Association and the Judiciary Bureau, causing everyone to break up unhappy.
After [-], the judicial department of the imperial capital has simplified the procedures for transferring firms. It does not require the original law firm to issue a Sanqing certificate, and all operations can be performed online.You only need a lawyer to issue a letter of commitment to transfer.It makes switching lawyers a lot easier.
Now it seems that Mu Huaijin has already made up his mind, anyone who wants to leave is fine, and he will not artificially embarrass anyone.We are all lawyers, and it is not easy to earn a living, why should lawyers make things difficult for lawyers!
"Lawyer Mu, the two of us toast you with water and wine." After Wan Fatty finished speaking, he raised his glass with Wang Chuan to clink with Mu Huaijin, and drank it all in one gulp.
"Our two brothers are going to transfer to another firm to practice. During this time, we will bind and submit the closed cases." Fatty Wan said.
"Are you going to open an office, or just change platforms?" Mu Huaijin was not surprised at all.
"We're going to take over a law firm and do it ourselves. I'll ask you if there's anything I don't understand in the future!" Fatty Wan said with a smile.
"Congratulations, both of you! You have finally made this step. If you have anything to ask, I will tell you everything." Mu Huaijin said sincerely, feeling a little depressed: "Hey! Actually, I can't help you much, if I really have the ability, I can't help you." It won’t make the law firm like this! You can ask Director Niu more.”
As soon as Mu Huaijin's words came out, Wang Chuan and Wan Fatty felt a little sad.After all, they have worked together for several years, and people are not grass and trees. After a long time, Wang Chuan and Fatty Wan will always have some feelings for Mu Huaijin and Lao Niu, or for the law firm.
"Mulu, eat a la carte, don't be so sad. We'll set up the place later, if you want, you can come over, let's do it together." Fatty Wan said.
"Okay! I won't be able to get along by then, so I'll go find you." Mu Huaijin said slightly sadly.Maybe he has lost confidence in Zhengyang Law Firm, which is why he said this.
On the morning of October [-]th, Wang Chuan went to the No. [-] Intermediate People's Court with Fatty Wan with the case file. At [-] o'clock this morning, the second instance of the dispute over the real estate sales contract between him and Gao Wanhe and Zhang Xiuying opened.
"Appellant, state the claims, facts and reasons." After the gavel rang, the gray-haired male judge in his 50s who sat on it looked at Wang Chuan and Fatty Wan with burning eyes.
"The appeal of the appellant, first, revoke the (2010) Jing 0109 Minchu No. 105X civil judgment in accordance with the law; bear.
Facts and reasons: the appellant and appellee Gao Yu are located in Mentougou District..."
Fatty Wan was reading the petition, while Wang Chuan felt a little restless on the sidelines.
He was restless not because he sat in court to participate in the trial, but because he was worried that if he lost the case, the house he bought would be gone, and he was suddenly worried about gains and losses.
Although he felt that he was justified and that the real estate transaction was legally tenable, he still felt disturbed and aggrieved for no reason.
"The appellee defends." The gray-haired male judge turned his head to look at the appellee's attorney, a male lawyer with a three-to-three haircut.
"The appellees Gao Wanhe and Zhang Xiuying disagree with the appellant's claim.
The appellant and the appellee Gao Yu bought and sold the property they jointly owned with Gao Wan without the consent of the appellee Zhang Xiuying, which violated the appellee's rights and interests, and the appellee agreed with the first-instance judgment.
Request the court to dismiss the appellant's claim.The defense is over. " said the male lawyer with thirty-seven haircut.
"Court mediation is starting now. Do you agree to mediation, the appellant and the appellee?" asked the gray-haired male judge.
"The appellee agrees to the mediation and is willing to return some money to the appellant, but the real estate must be returned to the appellee." said the male lawyer with thirty-seven haircuts.
Fatty Wan looked at Wang Chuan and said in a low voice, "Do you want to mediate?"
"No mediation!"
How to adjust?Return the real estate to the other party according to the other party's statement, and ask for more money?The other party came rushing to the real estate, no matter how he transferred Wang Chuan, he would suffer!
In other words, even in the worst case, the second instance upholds the original judgment, the sales contract is invalid, and the real estate is returned to the other party, the other party has to return the purchase price.Compared with the result of mediation, it is nothing more than asking for more money or less money.
Man is one breath, Buddha is one stick of incense!If so, why mediate?It's better to give it a go. If the court acts impartially, Wang Chuan believes that he may not lose.
"The appellant does not agree to the mediation." Fatty Wan said loudly.
"Okay, let's continue the trial." The gray-haired male judge said, "Do you have any new evidence to submit? Appellant? Appellee?"
"There is no new evidence." Fatty Wan said.
"The appellee has no new evidence," said the male lawyer with a haircut of three to seven.
"Appellant, as a legal worker, have you checked the owner's information and reviewed the seller's agency authority when signing the real estate sales contract?" The gray-haired male judge looked at Wang Chuan Asked: "Please ask the appellant to answer this question himself."
"I've checked it. At that time, I checked the real estate certificate. The owner of the house was not the seller himself, but the seller's son. At that time, the power of attorney for selling the house was only signed by Gao Wanhe. To be on the safe side, I asked him to go back and find His mother Zhang Xiuying signed it." Wang Chuan said.
"How do you know that the owner's son is selling the house?" asked the gray-haired male judge.
"I asked Gao Yu, the seller, and he told me that this house was owned by his father when he was working in the mine. And when the property was transferred, he also saw the entrustment procedures." Wang Chuan said.
"Did you know Gao Yu before?" the gray-haired judge asked.
"I don't know him! At that time, lawyer Wan introduced me to him. There is a record in the first-instance case file." Wang Chuan said.
"Lawyer Wan? Is that the lawyer Wan next to you?" the gray-haired male judge asked.
"It's me! I represented Gao Yu's criminal case at the beginning, and we got to know each other later, but we didn't know each other very well.
Later, Gao Yu listed properties for sale in Lianjia and Jincheng Fuye, and also asked me if I wanted to buy a house.I didn't have that much money at the time, but I felt that although the location of the property was a bit off, the courtyard was pretty good, so I introduced the appellant to buy the property sold by Gao Yu. " Fatty Wan said.
(End of this chapter)
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