Lawyer

Chapter 320 Chapter 327 Chapter 328 (Merged Chapters) It is his luck not to lose all his underwear

About 10 minutes later, Director Wan sent a contract to Engineer Chen. Engineer Chen skillfully operated the software, imported a contract of more than 20 pages into the software, and began to review it.

"Please wait a moment, this contract is a bit big, it will take about 10 minutes." Engineer Chen said confidently.

Wan Kefa smiled and said nothing.Sitting next to the director, Fang Yi found that the director's smile seemed to be very meaningful.

"Mr. Zhou, has your team been in contact with the legal industry before? Before making this product?" Fang Yi asked seeing that everyone was silent and the atmosphere seemed a little bored.

"No, although what we did before was also software, we have never been in contact with the legal industry." Mr. Zhou said.

"What is the size of the companies currently using your company's products? What industries are they in?" Fang Yi then asked.

"So far, hundreds of companies are using our software. Many of them are production-oriented companies, especially in the Yangtze River Delta region." Mr. Zhou said.

"Are there any companies in the investment and financing field or large financial companies among the clients?" Wan Kefa asked.

"This...not yet, but we are researching the needs of such companies." Mr. Zhou said.

Ten minutes later, Engineer Chen forwarded the exported and reviewed contract to Director Wan.

"Lawyer Wan, this is the legal document after our software review, please have a look." Mr. Chen smiled.In his opinion, such a document of more than 20 pages can be completed in 10 minutes, which can greatly improve the office efficiency of the law firm.

Wan Kefa turned on the computer, looked at it and said, "The speed is still quite fast."

"You can see that our software indicates that there are 21 risk points in this contract. The efficiency is quite high!" Engineer Chen seems to be very satisfied with the results of the software review.

"Well, your software is quite efficient, but the quality of the review is worrying!" After a while, Wan Kefa said and pushed the computer in front of Fang Yi.

There are many annotations on the contract on the computer, but in Fang Yi's view, they are all innocuous annotations, not a big problem, and although some annotations are reminders in accordance with the provisions of the contract law, they are meaningless in practice.

"Oh? What do you mean?" President Zhou was a little surprised and puzzled.

Engineer Chen on the side also looked at Wan Kefa with doubts and even displeasure.

"You will understand after listening to me." Wan Kefa said with a faint smile: "This contract was drafted by our client's partner with a lawyer, and according to the risks indicated by your software, there is no need to make major changes to this contract.

But from the perspective of our lawyers, this is not the case, because many clauses in the contract are unreasonable, and a big trap is implicitly dug.As long as the lawyer puts a little effort into it, it's easy to find out. "

"Lawyer Wan, can you point it out? As laymen, we really can't see it." Mr. Zhou was a little unconvinced.

"Let me list one of the most obvious problems in the contract. Look at the second clause of the contract No. 30 and the eighth clause of the 110th clause. These two clauses are not problematic on their own, but after you read them twice, you will find out by comparing them. These two are contradictory and cannot be implemented at all.

Once it enters the litigation process, if the public says that the public is right and the woman is right, the judge will most likely not be able to ascertain the true meaning of both parties, because the contract has been revised repeatedly by both parties and is not a standard contract.In the end, the judge can only decide the case according to the industry custom, which is very unfavorable to our clients.

In addition, regarding the mortgage clause in the contract, your software reminds that according to Article 180 of the Property Law (which has been replaced by the Civil Code), the mortgagee shall not agree with the mortgagor that the debtor will not perform the due debt before the debt performance period expires. The mortgaged property shall belong to the creditor at that time.

The bail clause is risky, don't lawyers know it?The client also knows that the waiver clause is risky, and the lawyer also knows it, but why do they still write it like this?

The essence of a contract is to meet the needs of both parties. Although some clauses are unreasonable, there is no loss for the customer. There are only benefits, but the benefits are not certain. So what if it is illegal, why can’t it be written?What if it comes true?Anything can happen in reality, which is [-] times more exciting than textbooks, and the risk is also [-] times greater.The more people who know the law, the less they care, because they know how big the risk is.

I just give two simple examples. As for the pitfalls behind the contract, only experienced lawyers can analyze them with the help of trading habits.

A perfect contract is not a contract that is [-]% in compliance with the law, but a contract that can satisfy the transaction! "Wan Kefa said.

Mr. Zhou and Engineer Chen were silent for a moment, and then exchanged opinions.

"Well, what you said makes sense. When we designed the underlying logic, we only considered the issue of legal provisions and did not consider deeper issues.

But so far, our customers are quite satisfied. "Mr. Zhou said in order to save face.

After listening to Mr. Zhou, Wan Kefa shook his head lightly. He didn't intend to show any face to Mr. Zhou in front of him, because he didn't think it was necessary.

"Mr. Zhou, as you said just now, most of your current customers are manufacturing enterprises. These enterprises have a characteristic, that is, the contracts are relatively simple, and the transactions are simple and frequent. This type of contract is very suitable for your software products. But If complex transactions are involved, the underlying logic of your software design will be useless.

Do you know why your products are not easy to promote in the field of finance and investment and financing?

Because many business contracts in these two fields are non-standard, even the standard contracts have been continuously improved for many years. illegal.So your product can't be used. "Wan Kefa said.

Director Wan is clearly telling the other party that what you are doing, the AI ​​intelligence can only review some small contracts, simple contracts, and slightly more complicated transactions. It was his luck that he lost all his pants.

After hearing Director Wan's words, Mr. Zhou was better, but Engineer Chen's face turned green and pale for a while, which was very ugly.

Fang Yi saw that the other party was a little bit embarrassed, and hurriedly said: "Actually, contract review is a job that seems easy, but is actually very hard work. It requires reviewers to be very familiar with the industry the client is in, and know where the risks are.

Every industry has its own risks. Even senior lawyers who have been working for several years dare not say that all contracts can be reviewed (except for some big fraud lawyers of course), so use a standard system to measure all companies. Only some common risks can be found in the contract, and the deep-seated risks are difficult to dig out.

In fact, it is not only your company's software, but also the software on the market. In addition, there is another reason that the law is lagging behind. This is an indisputable fact. There are many unclear catch-up clauses in the legal clauses. Sometimes you feel that the terms of the contract are unreasonable, but you can’t find the corresponding legal provisions to follow, but the contract agreement is indeed against public order and good customs. This risk may not be found out by the software of that company.

Let’s take a recent criminal case I did as an example. According to the law, if the circumstances of selling wild animals protected by the state are serious, you should be sentenced to more than five years in prison. However, the judge in the case I worked on combined various factors and finally sentenced the defendant. people on probation.

Of course, your software is for contracts, not for criminal cases, but the principle is the same, and you must not follow the rules mechanically. "

Although Fang Yi's words were also denying the other party's software, they sounded more pleasing to the ear. Mr. Zhou looked at Fang Yi and said, "Lawyer Fang, you just mentioned criminal cases. Do you need to search for many legal clauses when you are doing criminal cases?"

"It's more than just legal terms. We search for more cases, similar and identical cases." Fang Yidao.

"Could you tell me about the search case in detail?" President Zhou stared at Fang Yi with bright eyes.

Engineer Chen at the side seemed to have noticed something, and looked at Fang Yi as well.

"To put it simply, after we get a case, if it is not a criminal case in a field we are familiar with, in addition to inquiring about relevant laws and regulations, we also need to inquire about similar cases. The first choice is the judgment of the same type of case issued by the same court in the last year, and then Cases of the same district court, and then continue to expand to the cases of the province. Finally, you can check the similar cases of the Supreme Court." Fang Yidao.

"Why do you want to check in this way? Isn't it simpler and more authoritative to directly check the cases of the Supreme Court?" Engineer Chen asked with a puzzled expression.

"There is a saying that the county magistrate is not as good as the current one. The cases tried by the provinces may not be consistent with the Supreme Court's judgments, but the judgments of the same court in the past year have a high probability of determining the direction of the same or similar cases." Fang Yidao .

"What about the cases in the same area? Will the courts rule like this?" Engineer Chen asked.

"This is not necessarily the case. A colleague of mine went to the Shanghai Stock Exchange to hold a court session last year and provided the court with the precedents of the same case. The judge told him that if it is the precedent of this court, he can refer to it. If it is the precedent of other courts, he will not refer to it at all. Submitting is useless," Fang Yi said.

Engineer Chen looked at Mr. Zhou, and there seemed to be deep meaning in their eyes.

"Lawyer Fang, if there is such a software that allows lawyers to more easily retrieve judgments in similar cases, would you use it?" Mr. Zhou asked.

"Well, as long as I can find the required judgment, I will probably use it. It mainly depends on the effect." Fang Yi said.

"Mr. Zhou, do you want to develop a case retrieval software?
In fact, the court system is also doing this. The Judgment Documents website that was launched before is quite good, but this website is for the publicity of judgments, and it is very laborious to search.

If you can develop a software that facilitates lawyers to search for the same or similar cases for lawyers, it will be more practical than what contract review software you have.

Now there are too many cases across the country with different judgments. Different places have sentenced different places. The predictability of the law has been destroyed. cut. "Wan Kefa said.

"Well, what you said makes sense. Lawyer Wan, we suffered from unprofessional product development before. If we decide to do this project, can you give us professional support?" Mr. Zhou said.

"No problem, but since it's cooperation, we can't support it in vain." Wan Kefa said with a smile.

"That's natural. We'll go back and discuss the details, and then we'll talk to you in detail." Mr. Zhou smiled.

After seeing off Mr. Zhou and Engineer Chen, Fang Yi followed Director Wan back to the office.

"Lawyer Fang, this dress is nice, and looks like a barrister. Lawyers should pay attention to their image, it's very good, keep it!" Wan Kefa said in a good mood, looking Fang Yi up and down.

"This suit was custom-made at the suggestion of a friend. From what you said, the money was not wasted." Fang Yi grinned.

At this moment, Fang Yi's cell phone rang, and it was Li Mingbo calling.After Fang Yi greeted Director Wan, he walked out of the office and walked to the smoking room next to the tea room.

The environment of the office area is relatively closed. Not only the team of Wanke Law has people who smoke, but also many lawyers who are addicted to cigarettes in other teams.Wanhua United Law Firm transformed the room next to the tea room into a smoking room in order to purify the environment and make it easier for lawyers to smoke.

"Lawyer Fang, are you not at Jinshi Law Firm?" Li Mingbo's voice came from the phone.

"Well, I transferred to Wanhua United Law Firm after the Chinese New Year. How are you? Are you still in Zhengyi Law Firm?" Fang Yi asked.

"Well, I'm still at Director Sun's place. I came to the city and just finished the court session. I thought I hadn't seen you for a long time. I went to Jinshi Law Firm to meet you, but the front desk told me that you had changed firms." Li Mingbo said .

"I'm at Wanhua United Law Firm, not far from Jinshi Law Firm. It's noon soon. Let's get together. Where are you, don't move. I'll go find you right away." After speaking, Fang Yi put away his phone, I went back to my work station and packed up, went downstairs to pick up my car and headed for Jinshi Law Firm.

Fang Yi parked the car on the side of the road and waved to Li Mingbo who was staring at the bus station not far away. The latter was taken aback, then trotted to the front, got on the bus, and followed Fang Yi to the restaurant.

How can I say that Li Mingbo is also Fang Yi's old colleague, and the relationship is good. Since he came to the city, he called him specially. , I asked for a single room.

Seeing that after Fang Yi transferred to the big law firm in the city, he also had a car, changed his clothes, and wore a very impressive Rolex on his wrist. It's time for me to move, to develop into the city.

After the food and drinks were served, Fang Yi and Li Mingbo ate and chatted. Because they had to go to work in the afternoon, they didn't drink.

"Lawyer Li, how is Zhengyi Law Firm doing?" Fang Yi put down his chopsticks, refilled him with some tea, and asked.

"It's still the same, a little behind your time, but overall it's passable.

By the way, you know what?Gu Qingping, the director of Fair Law Firm, was arrested for a false lawsuit and was released just last month. "Li Mingbo stopped his chopsticks and said.

　A big chapter for everyone today!Please support us a lot!

　　
　
(End of this chapter)