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Chapter 953 I lost my lawyer's license for nothing!
Chapter 953 I lost my lawyer's license for nothing!
"Well, it's good. Who are you planning to arrange to work in the Shen Group?" Wang Chuan looked at Du Wenhui after finishing speaking.
"Lawyers Mei Tingting and Ma Mei are both senior lawyers. Lawyer Mei Tingting worked in the court before, and later worked in the company for several years. Now she is in the second group and is good at labor dispute cases.
Lawyer Ma Mei is good at daily legal services and has rich practical experience. He is a senior lawyer in our second department.
I think that with the two of them in charge, they should be able to solve 90.00% of the company's daily legal problems.If the Shen Group has special needs, the institute will support them professionally. "Du Wenhui said.
"Well, yes." Wang Chuan said, "By the way, what happened to Yue Shan's poet boyfriend? Has it been resolved?" He remembered the matter of the young literary man proposing to Yue Shan at the gate of the law firm.
"Don't mention it! Yue Shan has followed Cheng Lv to relocate the project to avoid him, and she probably won't be able to come back for a while. Anyway, the project needs manpower, so it's good if she goes." Du Wenhui said.
"Hey! This poet is really persistent! Let him wait slowly!" Wang Chuan shook his head and said.
At the beginning of July, Shen Qi brought good news to Wang Chuan. Although the old John of WL Law Firm failed to recruit a partner in the M&A business, he hired a lawyer who was an assistant to the partner.
Although he is an assistant, he has participated in no less than fifty merger and acquisition projects over the years, all of which were large-scale mergers and acquisitions.Last year, it also hosted two small M&A projects, both of which were successful.
Seeing that the assistant was about to be independent and responsible for the project alone, he was snatched away by the partner's son (also a lawyer) for an M&A project that was about to be signed. He followed that project for a long time and had no less than ten rounds of talks But now someone else picked the peaches, he was upset, coupled with old John's flickering, finally dug him to WL lawyer.
At present, WL Law Firm has developed a small merger and acquisition project by itself, and Old John handed it over to him.
Wang Chuan was in a good mood today. When he walked out of the office, he happened to see Zhao Song sitting at his desk with a depressed face and sulking.
"Lawyer Zhao, what's the matter?" Wang Chuan walked over with a smile.
"It's nothing, I received a client just now!" Zhao Song said.
"Did you get bullied?" Wang Chuan asked in a low voice with a smile.
Zhao Song hummed softly, this is not something glorious, he didn't want to make a fuss about it.
"Come on, sit in my office, have a cup of tea, let's talk!" Wang Chuan smiled and reached out to pat Zhao Song on the shoulder.
Zhao Song followed Wang Chuan into the office.
Wang Chuan still has a deep impression on Zhao Song. Not only did Zhao Song help him bring in Yan Yu and other five lawyers to support the framework of the second department and the second group, but more importantly, he learned quickly and began to lead The trainee lawyer received clients.
You must know that Yuanfang Law Firm still has high requirements for the professional ability of the lawyers who receive clients. The lawyers who can receive clients in the firm have been assessed by the directors of various departments. This is also for the sake of the reputation of the law firm.
"What's the situation with that client?" Wang Chuan sat across from Zhao Song with a smile.
"In the morning, Xiao Guo said that a personal client came to consult about labor issues, and arranged it in the conference room, and I took the trainee lawyer there.
The client looked like he was in his 60s, and he packed a large pile of materials in a cloth bag.According to the client's introduction, he was originally a policeman. Later, the public security department adjusted and transferred him to an old state-owned enterprise as an economic policeman.
Later, the old state-owned enterprise was reformed and split into two new companies. At that time, the old state-owned enterprise was not profitable and owed them wages. The customers felt that the work was boring and resigned before the old state-owned enterprise was split. They ran business all over the country. Started self-employment.
He reached the retirement age the year before last and applied for retirement, but he couldn't find his personnel file and couldn't go through the retirement procedures. " Zhao Song said.
"Didn't he go to the original unit to ask? Or go to the local talent to inquire? Maybe the unit transferred his file to the talent." Wang Chuan asked.
"Come on, in the state-owned enterprises back then, each unit kept their own personnel files. The old state-owned enterprises had their own file room, which could be transferred, and they didn't need to be stored outside. However, after checking around, they found that there was no file for him at all, and it might be in the public security system. It wasn't called out." Zhao Song said.
"That's a little troublesome. The judiciary doesn't care about the personal files managed by the public security department. These are all problems left over from history, so it's not easy to deal with." Wang Chuan thought for a while.
"Well, the customer went to the public security department later, and the public security department reported that the file had been transferred out, and showed him the transfer certificate. So the customer went back to find the company, but the current company has undergone many adjustments. Either retired or climbed the chimney, coupled with poor file management, the file room was once flooded, and the client's file could not be found at all.
The client insisted on making troubles every day, and finally the restructured state-owned enterprise (renamed XX Co., Ltd.) saw that he was really difficult to deal with, so they issued him a certificate: This is to prove that the client transferred from a certain factory in [-] Worked in the old state-owned enterprise XX factory (predecessor of the current Imperial Capital XX Co., Ltd.) until [-]. Due to the poor management of the unit, the file was lost. I hereby certify.
后来客户以改制后的国企为被告向法院提起诉讼,进行索赔,要求:1、为原告补建档案;2、赔偿原告经济损失19万九千六百元和精神损害抚慰金1万元,共计20万零九千六百元元;3、诉讼费用由被告承担。
The court of first instance held that, based on the evidence provided by the client and the ascertained facts, it could not prove that there was a labor relationship between the plaintiff and the defendant.
At the same time, because the establishment method of the defendant unit is a general new establishment, the statement on the "predecessor of the current Imperial City XX Co., Ltd." in the certificate issued by the defendant unit cannot prove that the old state-owned enterprise and the defendant in this case have an inheritance relationship, nor can it prove that the defendant is obliged to take over and kept the plaintiff's files, and the plaintiff failed to provide evidence to prove that the defendant's file was lost, so it should bear the legal consequences of not being able to prove it.The court of first instance did not support the plaintiff's claim.
After the judgment of the first instance was pronounced, the client refused to accept it and filed an appeal. The court of the second instance rejected the appeal and upheld the original judgment in accordance with the law.
The client was dissatisfied, and later went to petition, but nothing happened.Over the years, he has been studying the legal issues involved in the case, and he has also obtained a lot of so-called evidence. He talked to me in the conference room for more than an hour. I analyzed it for him and said that his evidence could not prove what he wanted to prove. As a result, he became anxious with me.
What are you talking about? My professional ability is not good enough, and I lost my lawyer certificate in vain. Anyway, I said a lot of ugly things.Why!I am really speechless! " Zhao Song said helplessly.
(End of this chapter)
"Well, it's good. Who are you planning to arrange to work in the Shen Group?" Wang Chuan looked at Du Wenhui after finishing speaking.
"Lawyers Mei Tingting and Ma Mei are both senior lawyers. Lawyer Mei Tingting worked in the court before, and later worked in the company for several years. Now she is in the second group and is good at labor dispute cases.
Lawyer Ma Mei is good at daily legal services and has rich practical experience. He is a senior lawyer in our second department.
I think that with the two of them in charge, they should be able to solve 90.00% of the company's daily legal problems.If the Shen Group has special needs, the institute will support them professionally. "Du Wenhui said.
"Well, yes." Wang Chuan said, "By the way, what happened to Yue Shan's poet boyfriend? Has it been resolved?" He remembered the matter of the young literary man proposing to Yue Shan at the gate of the law firm.
"Don't mention it! Yue Shan has followed Cheng Lv to relocate the project to avoid him, and she probably won't be able to come back for a while. Anyway, the project needs manpower, so it's good if she goes." Du Wenhui said.
"Hey! This poet is really persistent! Let him wait slowly!" Wang Chuan shook his head and said.
At the beginning of July, Shen Qi brought good news to Wang Chuan. Although the old John of WL Law Firm failed to recruit a partner in the M&A business, he hired a lawyer who was an assistant to the partner.
Although he is an assistant, he has participated in no less than fifty merger and acquisition projects over the years, all of which were large-scale mergers and acquisitions.Last year, it also hosted two small M&A projects, both of which were successful.
Seeing that the assistant was about to be independent and responsible for the project alone, he was snatched away by the partner's son (also a lawyer) for an M&A project that was about to be signed. He followed that project for a long time and had no less than ten rounds of talks But now someone else picked the peaches, he was upset, coupled with old John's flickering, finally dug him to WL lawyer.
At present, WL Law Firm has developed a small merger and acquisition project by itself, and Old John handed it over to him.
Wang Chuan was in a good mood today. When he walked out of the office, he happened to see Zhao Song sitting at his desk with a depressed face and sulking.
"Lawyer Zhao, what's the matter?" Wang Chuan walked over with a smile.
"It's nothing, I received a client just now!" Zhao Song said.
"Did you get bullied?" Wang Chuan asked in a low voice with a smile.
Zhao Song hummed softly, this is not something glorious, he didn't want to make a fuss about it.
"Come on, sit in my office, have a cup of tea, let's talk!" Wang Chuan smiled and reached out to pat Zhao Song on the shoulder.
Zhao Song followed Wang Chuan into the office.
Wang Chuan still has a deep impression on Zhao Song. Not only did Zhao Song help him bring in Yan Yu and other five lawyers to support the framework of the second department and the second group, but more importantly, he learned quickly and began to lead The trainee lawyer received clients.
You must know that Yuanfang Law Firm still has high requirements for the professional ability of the lawyers who receive clients. The lawyers who can receive clients in the firm have been assessed by the directors of various departments. This is also for the sake of the reputation of the law firm.
"What's the situation with that client?" Wang Chuan sat across from Zhao Song with a smile.
"In the morning, Xiao Guo said that a personal client came to consult about labor issues, and arranged it in the conference room, and I took the trainee lawyer there.
The client looked like he was in his 60s, and he packed a large pile of materials in a cloth bag.According to the client's introduction, he was originally a policeman. Later, the public security department adjusted and transferred him to an old state-owned enterprise as an economic policeman.
Later, the old state-owned enterprise was reformed and split into two new companies. At that time, the old state-owned enterprise was not profitable and owed them wages. The customers felt that the work was boring and resigned before the old state-owned enterprise was split. They ran business all over the country. Started self-employment.
He reached the retirement age the year before last and applied for retirement, but he couldn't find his personnel file and couldn't go through the retirement procedures. " Zhao Song said.
"Didn't he go to the original unit to ask? Or go to the local talent to inquire? Maybe the unit transferred his file to the talent." Wang Chuan asked.
"Come on, in the state-owned enterprises back then, each unit kept their own personnel files. The old state-owned enterprises had their own file room, which could be transferred, and they didn't need to be stored outside. However, after checking around, they found that there was no file for him at all, and it might be in the public security system. It wasn't called out." Zhao Song said.
"That's a little troublesome. The judiciary doesn't care about the personal files managed by the public security department. These are all problems left over from history, so it's not easy to deal with." Wang Chuan thought for a while.
"Well, the customer went to the public security department later, and the public security department reported that the file had been transferred out, and showed him the transfer certificate. So the customer went back to find the company, but the current company has undergone many adjustments. Either retired or climbed the chimney, coupled with poor file management, the file room was once flooded, and the client's file could not be found at all.
The client insisted on making troubles every day, and finally the restructured state-owned enterprise (renamed XX Co., Ltd.) saw that he was really difficult to deal with, so they issued him a certificate: This is to prove that the client transferred from a certain factory in [-] Worked in the old state-owned enterprise XX factory (predecessor of the current Imperial Capital XX Co., Ltd.) until [-]. Due to the poor management of the unit, the file was lost. I hereby certify.
后来客户以改制后的国企为被告向法院提起诉讼,进行索赔,要求:1、为原告补建档案;2、赔偿原告经济损失19万九千六百元和精神损害抚慰金1万元,共计20万零九千六百元元;3、诉讼费用由被告承担。
The court of first instance held that, based on the evidence provided by the client and the ascertained facts, it could not prove that there was a labor relationship between the plaintiff and the defendant.
At the same time, because the establishment method of the defendant unit is a general new establishment, the statement on the "predecessor of the current Imperial City XX Co., Ltd." in the certificate issued by the defendant unit cannot prove that the old state-owned enterprise and the defendant in this case have an inheritance relationship, nor can it prove that the defendant is obliged to take over and kept the plaintiff's files, and the plaintiff failed to provide evidence to prove that the defendant's file was lost, so it should bear the legal consequences of not being able to prove it.The court of first instance did not support the plaintiff's claim.
After the judgment of the first instance was pronounced, the client refused to accept it and filed an appeal. The court of the second instance rejected the appeal and upheld the original judgment in accordance with the law.
The client was dissatisfied, and later went to petition, but nothing happened.Over the years, he has been studying the legal issues involved in the case, and he has also obtained a lot of so-called evidence. He talked to me in the conference room for more than an hour. I analyzed it for him and said that his evidence could not prove what he wanted to prove. As a result, he became anxious with me.
What are you talking about? My professional ability is not good enough, and I lost my lawyer certificate in vain. Anyway, I said a lot of ugly things.Why!I am really speechless! " Zhao Song said helplessly.
(End of this chapter)
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