My Wife is a Counsel Chapter 79: First experience of a small black room (Part 2)
www.lnmao.org, the fastest update to the latest chapter of My Wife is an Archon!
Getting off the witness stand, Chairman Wei sat next to Lu Ming.
The look Christine looked at Lu Ming was even more unkind.
Chairman Wei's testimony in court was more like a show, a business practice to promote his bank.
Lawyer Smith remained silent and very graceful. When Chairman Wei finished his "testimony", he stood up and said: "Your Honor, I request that the witness's testimony be invalid and the court adjourn temporarily."
"The testimony is ruled invalid!" Christine looked at Lu Ming, "Follow me!"
"The plaintiff requests to participate!" Smith stood up again.
Christine nodded.
Lu Ming looked at Christine's face and said in Wei Baozeng's ear: "The plan continues. You go out and make a statement. You don't have to wait for me. I will probably be locked up in a small dark room." Small dark room, of course. He joked that the environment in the court's temporary prison cell was quite good.
As for whether the "testimony" is valid or invalid in court, it does not affect the effect of this show.
But Judge Christine, looked annoyed.
……
"Bailiff, lock him up! 24 hours." After entering the office, Christine made a gesture.
The bailiff in black uniform who was called in by Christine's gesture in the corridor was stunned and walked over helplessly, "Lawyer Lu, please."
Lu Ming smiled at him as if he understood.
This is the prerogative of the judge. Contempt of court can directly imprison a person with a minor punishment or a major punishment. Of course, it will not exceed 24 hours. It is considered a minor offense and there will be no criminal record.
Moreover, the crime of contempt of court can be serious or minor, and judges are particularly flexible in sentencing. For example, in my previous life, a former president of a Western country was sentenced to contempt of court because he refused to provide relevant documents as the court said. Before the corresponding documents were submitted, he was sentenced to 10,000 yuan per day. A fine of RMB 10,000 is required, but the person does not need to go to jail.
This is just the initial stage of contempt of court.
Over there, Smith looked at the results and nodded with satisfaction.
Lu Ming thought for a while and said: "Your honor, before I am imprisoned, I have a few words to say."
Judge Christine waved her hand, and the bailiff temporarily stood aside.
"Regarding the Baoyin Bank case, first of all, I think it is worth debating whether Mr. Wei and Mr. Bi Hanting have a legal relationship and whether the neighbor principle applies here."
Smith immediately said: "Inquiring bank account statements is a professional act. Although Mr. Wei and Mr. Bi Hanting are friends and have not signed a terms of service, it is precisely because of their relationship as friends that the legal distance between the two is blurred. In fact, according to the moth in the soda can case, Mr. Wei and Mr. Bi Hanting formed a legal relationship by default! ”
The opponent stopped showing off, and Smith counterattacked very quickly.
Lu Ming nodded, "The neighbor principle is naturally an important principle in our economic relations. However, it is inappropriate to equate legal distance with foreseeable harm. The economic relationship between the two parties cannot be maintained without a contract. Under such circumstances, as long as one party causes harm to the other party, the two are considered to have a legal relationship, which will harm our public order and good customs.”
"For example, in this case, Mr. Wei was originally helping a friend, but in the end, he got into trouble and may even go bankrupt. How will this shape the values of our society?"
"The neighbor principle, in fact, should have three parallel test criteria. First, is the economic loss caused to the plaintiff reasonably foreseeable? Second, does the legal distance between the parties create a legal relationship? Third, is the economic loss caused to the plaintiff reasonably foreseeable? , is it fair, just and reasonable for the defendant to bear legal responsibility? "
“Only when the answer to these three points is yes at the same time, I think the neighbor principle is a reasonable decision.”
"In this case, we can reluctantly recognize Article 2 because my client runs a bank. It can be considered that although he helped his friend with inquiries, he also had a legal relationship with his friend."
"But the first point is that my client never expected that this investigation would bring any economic losses to the plaintiff; the third point is that allowing my client to bear legal responsibility will seriously damage our social values. , if a person who kindly helps a friend without harming the interests of others is severely punished in the legal sense, it is definitely a judicial injustice! ”
"Are you done?" Kristine asked lightly.
Smith looked at Lu Ming with a bit of surprise, and began to think seriously.
Lu Ming nodded to Christine.
Kristine made a gesture, and the bailiff reluctantly came over. Lu Ming didn't make it difficult for him, and followed him outside.
……
After being locked up for more than half an hour, Lu Ming was released. In the corridor, Wei Baozeng was waiting for him with a wry smile.
"When issuing a statement, were there many media outlets?" Lu Ming asked.
Wei Baozeng nodded.
Lu Ming pondered and said: "It still depends on the follow-up. This statement will not have much effect on ordinary depositors. When bank assets are unblocked, they will come to run or there will be a run. We must be prepared. But It’s not a bad idea to take the opportunity to promote Baoyin’s new concept.”
Wei Baozeng wanted to say something, but stopped.
Lu Ming shook his head: "To tell you the truth, originally I said I had a 60% winning rate, but now, it's only about 40% to 50%. I can only leave it to fate."
This chief judge is really difficult to deal with, especially if he sees himself as someone who wants to pursue her dependent daughter.
In her opinion, she is naturally full of shortcomings.
Judges are also human beings with emotions and cannot always remain fair and impartial.
Moreover, the three-point test criterion of the neighbor principle was originally a product of the 1960s and 1970s, and was formally established in the late 1980s. Now, it is a little ahead of its time.
After thinking for a while, "Bi Hanting seemed different when he saw Chairman Wei and when he saw you."
Wei Baozeng smiled bitterly: "The two of them used to be very good friends, but Uncle Bi suffered too many losses and became a laughing stock..."
Just as Lu Ming was about to say something, Wei Baozeng said: "Lawyer Lu, do you think this will work? I'll talk to Uncle Bi. Our Baoyin Bank will take over Nadu Pictures. Although the copyrights of Nadu's previous films are all It was sold and became an empty shell, but there are still some studios and contracted artists, so it may not be possible to make a comeback, especially with you as a partner.”
"As long as Uncle Bi agrees to settle, although Baoyin Bank will be saddled with heavy debts, I am now confident that we can tide over the difficulties."
Lu Ming originally had other ideas. After listening to Wei Baozeng's words, he thought about it and said, "Well, we can talk about it and see what the other party's conditions are." His original idea was a bit harsh, and he really couldn't talk about it anymore.
Nadu, once famous, but now the film industry is different from that of later generations. Today, running a film company is like a roller coaster. It can be said that one movie can make a company prosper, and one movie can also cause the company to decline quickly. Go down.
Nadu, mainly because a film he made with a huge investment of 500,000 yuan suffered a huge loss and started to go downhill.
A few years ago, when Nadu invested 500,000 yuan in the filming of this record-breaking investment in the history of film, it was still at its peak.
As for Wei Baozeng's change, it seems that when his father made a statement, the feedback was good, so he regained confidence and dared to make movies.
"Let's see what Chairman Bi says first." Lu Ming pondered, "Also, this case is not that pessimistic, so when negotiating, you should consider whether the normal investment is worth it, rather than compensating him. Psychology."
Wei Baozeng smiled slightly: "I understand, and you have to come with me. Not only are you my legal representative, we are partners, right?"