You became a lawyer and sent the judge in
Chapter 402 Don’t say anything, just judge!
Chapter 402 Don’t say anything, just judge!
On the judgment stand.
As the presiding judge, Chu Changhe also believed that Yu Cheng directly refuted the other party's claims during the trial without any judgment, and believed that the other party's claims were unreasonable.
This bit...
There is indeed something inappropriate about it.
Because all the plaintiff’s claims are based on the determination of unfair competition.
Now, at the trial, the plaintiff only stated this situation and relevant evidence.
Stated the demands of this court hearing.
In fact, there has been no discussion as to whether the defendant committed unfair competition.
Even speaking...
It may also be determined to be fair competition.
In this case, the defendant directly rebuts the claim.
Very unreasonable.
So let’s look at this situation.
It is estimated that the defendants also knew very well that they were indeed involved in unfair competition.
There is no room for much rebuttal.
Let’s just start discussing the demands directly.
Clarify this relationship and sort out the relevant evidence.
Chu Changhe looked at the defendant's seat at Chenggong Law Firm and said:
"Defendant Chenggong Law Firm, currently, the evidence submitted by the plaintiff to accuse you of rumors and unfair competition includes——"
"The communication between Chenggong Law Firm, lawyers Yu Cheng and Li Ming and the media leaders involved intentional slander."
"And it shows that you have subjective and intentional thoughts of unfair competition."
"Do you have any objections to the above evidence?"
"Or do you admit that you have engaged in unfair competition?"
As a lawyer involved in this aspect, Li Ming responded when the presiding judge asked.
"We have no objection to the above evidence."
"We acknowledge that there was unfair competition."
Regarding the situation of unfair competition, Li Ming did not make much refutation.
He knew that there was no point in refuting, so he could only start from the appeal.
Li Ming continued: "But in terms of other aspects of identification, we have something we want to express and state."
"Is there anything you want to express?" Chu Changhe asked.
Li Ming looked down at the materials and continued: "In the evidence provided by the plaintiff."
"The evidence involved is all real evidence, and we cannot refute this."
"But in terms of unfair competition, we believe that we are not involved in serious unfair competition."
"Can you elaborate?"
"Yes, Judge."
Li Ming continued:
"When we contacted those media, we mainly wanted to enhance the reputation of our successful law firm."
"It did mention Bai Jun Law Firm, and also talked about some situations in the industry."
"But.…"
"We talked about the situation in the industry and mentioned Bai Jun Law Firm, which informed the media of the fact that they were spreading rumors."
"It's not as serious as what's spread online."
"The slander against Bai Jun Law Firm on the Internet is beyond our control."
"For example, I think Baijun Law Firm is a black-hearted law firm."
"Our law firm has never expressed this view."
"So from this aspect, we do not agree that serious unfair competition is involved."
"We believe that this kind of unfair competition is just an ordinary business method."
"It does not involve the lawyer personally, so it is included in the lawsuit claims put forward by the plaintiff."
“We do not agree with the view that the licenses of two lawyers from Chenggong Law Firm need to be revoked.”
After listening to Li Ming's statement, Chu Changhe organized his statement and then spoke:
"According to the statement of the lawyer appointed by the defendant."
"You believe that you did not think subjectively at the beginning and did not foresee such serious consequences."
“Subjectively at the beginning, I simply wanted to enhance the reputation of my law firm.”
"We roped in several media outlets and used Baijun Law Firm's reputation on short videos to make comparisons."
"Is this what you mean by improving the reputation of your law firm from this point of view?"
"Yes."
Li Ming nodded.
The presiding judge made the statement very well.
Just listen to Chu Changhe continue to ask: "Just now you took the initiative to admit that you are suspected of unfair competition."
"Is it right?"
"correct."
Li Ming nodded and admitted that there was unfair competition on his side.
After all, the evidence is now in front of us...
According to the conditions that constitute unfair competition, they indeed formed unfair competition.
Even if this was refuted in court, the presiding judge would not accept their opinions.
Just admit it directly.
Faced with Li Ming's direct admission, Chu Changhe continued to speak:
"Then can the lawyer entrusted by the defendant talk specifically about the situations that you think are not subjectively serious? What do you specifically refer to?"
Li Ming: "What I mean specifically is that Yu Cheng and I have certain subjective faults in this regard."
"But.…"
"The two of us were not involved in serious violations of lawyers' professional ethics and professional standards."
"and.…"
"While the media released the rumor-mongering video, we only greeted the media and talked about the relevant situation."
"For example, in the chat records, I hope the media will allow our law firm to compare with Bai Jun Law Firm."
"Go into the perspective of Bai Jun Law Firm from a certain aspect."
"And things like that."
"But the relevant content is the rumor-mongering content added by the people in charge of West District Metropolis Media, West District Minsheng Media, and Tianyu Media in order to achieve better traffic effects."
"It means that they have magnified the content of the rumors."
"It has caused the reputation of Baijun Law Firm and suffered serious damage."
"This has nothing to do with us."
"That's what we want to state."
"Okay, let me ask the defendant again. Does the defendant Chenggong Law Firm subjectively want to use Lata Baijun Law Firm to enhance its reputation?"
"Yes, Judge."
Facing Li Ming's response, Chu Changhe nodded and looked at the plaintiff's seat:
"Does the plaintiff have anything to say?"
"There is a presiding judge."
Su Bai nodded: "We do not agree with the other party's statement."
Su Bai completely disagreed with Li Ming's answer.
why?
Because Li Ming's answer completely distanced himself from the relationship and pointed the finger at the media. Is the media at fault?
Have!
But who informed the media in the first place?
It's Yu Cheng and Li Ming.
So from this point of view, the two of them have no relationship at all!
Su Bai continued to state:
"first.…"
"The defendant's argument is that they are not involved in serious unfair competition."
"What is serious unfair competition, and what is non-involved serious unfair competition?"
"I'm sorry, I can't understand the arguments of the lawyer appointed by the defendant."
"But it's clear from the explanation."
"They believe that the media acted on their own initiative to smear it, causing greater damage to the image of Baijun Law Firm."
"But actually?"
"Really, it depends on the subjective approach at the beginning."
"The presiding judge has also asked just now that the defendant did have the subjective intention to deliberately suppress Baijun Law Firm in order to engage in unfair competition."
"That shows that Yu Cheng and Li Ming, as two partner lawyers of Chenggong Law Firm, had thoughts of unfair competition from the very beginning."
"So all media outlets were notified."
"The fact that the media engaged in dissemination and disinformation."
"If Yu Cheng and Li Ming had not informed the media, they would have informed the media through personal friendship and relationships."
“Will the reputation of Baijun Law Firm be damaged?”
"will not!"
"In short, in this case, the reputation of Baijun Law Firm has been seriously damaged."
"The main point is..."
"Two lawyers, Yu Cheng and Li Ming, from Chenggong Law Firm know the law and break it."
"As a lawyer, you know that it is illegal to spread rumors to others or to other subjects, causing damage to personal reputation or goodwill."
"Still instigating or spreading rumors and spreading rumors through his personal relationships."
"We believe this behavior is serious."
"So we believe that there is nothing excessive in the claims we have made, and there is nothing excessive or inconsistent with it."
Su Bai's statement focused on the serious mistakes made by Li Ming and Yu Cheng of Chenggong Law Firm.
Su Bai had carefully considered the litigation claims involved in this case.
There is no doubt about compensation and a public apology.
Chenggong Law Firm must compensate and publicly apologize to Bai Jun Law Firm.
The remaining two - revoking the law licenses of Yu Cheng and Li Ming, and requiring Cheng Cheng Law Firm to suspend operations for several months.
This... is the most unacceptable thing for Yu Cheng and Li Ming.
So back to that.
How is this determined?
This depends on the consequences and subjective severity involved.
This is the issue just discussed by Su Bai as the plaintiff and Li Ming as the defendant.
In response to Su Bai's statement, Li Ming spoke again:
"We still disagree with the plaintiff's statement."
"We emphasize again."
"We did engage in unfair competition in this case."
"However, we do not have such serious malicious intent subjectively, and we did not expect such consequences."
Su Bai smiled. Didn't he expect such consequences?
How could you not have expected it?
in other words.
At that time, Yu Cheng and Li Ming hoped that there would be more serious consequences.
Because the greater the damage to the reputation of Bai Jun Law Firm, the more beneficial it will be for them to succeed as a law firm.
Therefore, it is simply impossible and unrealistic to say that such consequences were not expected.
On the other hand...
Will the court and the presiding judge accept this argument?
Nor will it!
Su Bai smiled and retorted: "I would like to ask, what does the defendant's lawyer mean when he says there is no serious malice?"
"Can you state it more clearly?"
Li Ming: "Yes, what we stated was not that serious of malice. What I mean is that we did not expect that it would have such huge consequences."
"Because Chenggong Law Firm is a small law firm, in Dong Guoguo's case, after the second instance verdict was changed, the first thing I thought about was to improve my reputation."
"There's nothing wrong with that."
"In addition, the victim appointed a lawyer from Bai Jun Law Firm."
"We want to improve our reputation, and adding Baijun Law Firm will definitely have a positive effect on the reputation of successful law firms."
"but.…"
"We did not expect that the comments about Bai Jun Law Firm would cause such a big loss. We apologize for this and are willing to compensate."
Typical I'm wrong, I'm right?
I didn't want things to turn out like this, but it happened to turn out like this. Can this be my fault?
What kind of strange statement is this?
Su Bai did not pick up the topic of Li Ming's willingness to compensate, but instead asked:
"What the defendant's lawyer entrusted to state was that he did not expect such a large and serious consequence."
"Then I would like to ask the lawyer appointed by the defendant."
"During the entire process of rumors and reputation being infringed upon at Baijun Law Firm, didn't you realize that the impact was too great?"
"Why wasn't there any stoppage?"
"Or.…"
"Why do you continue to choose to enhance your reputation when Bai Jun Law Firm has suffered such a huge loss?"
"You know, when Bai Jun Law Firm suffered the most crisis of reputation."
“Many media are comparing Baijun Law Firm with Chenggong Law Firm.”
"The evidence shows that this is tacitly accepted by successful law firms."
"The defendant said that you did not expect such a big consequence. Where did this point of view come from?"
"The evidence clearly shows that Cheng Cheng Law Firm added fuel to the fire. The defendant also stated that you did not expect such serious consequences."
"Who believes it?!"
"I would like to ask the defense attorney to stop deceiving themselves."
"You are subjectively conducting a malicious smear campaign."
"The videos spreading rumors about Bai Jun Law Firm have a total of tens of millions of views and reposts."
"Successful law firms bear the primary responsibility for this."
"Two lawyers, Yu Cheng and Li Ming from Cheng Cheng Law Firm, are also primarily responsible!"
"Based on the above, I would like to ask the presiding judge to make relevant judgments on liability issues based on the existing evidence!"
At present, all the expressions have been completed.
The evidence that should be presented has also been presented.
What point does the defendant want to express?
The point I want to express is that they don't have that much responsibility, it's all the media's fault.
But just now, Su Bai had already explained this situation in detail.
The defendant could not come up with any other strong defense content.
Continuing to defend on this topic has no great meaning.
Simply.…
Direct judgment!
.
....
PS: Please give me a monthly ticket~
(End of this chapter)
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