As a Lawyer, You Sent the Judge In?
Chapter 403: No more judgment, just state the facts directly and make a judgment
Chapter 403: No more judgment. Directly state the facts and the verdict.
Faced with Su Bai's application for direct judgment, Chu Changhe was sitting on the trial bench.
Simply summarized and organized the existing situation.
at present.…
What both parties should express has basically been expressed.
How should this case be judged specifically, and how should the plaintiff’s claims be determined.
At the end of the day...
There is still a problem of division of responsibilities.
What he needs to determine is whether this responsibility needs to be divided between Chenggong Law Firm and the two lawyers Yu Cheng and Li Ming.
Of course, this point needs to be seen not only from the statement of the plaintiff Fang Su Bai.
It also needs to be confirmed from a legal perspective.
Yu Cheng and Li Ming had subjective malice in this matter.
Moreover, as lawyers, the two of them knew the law and broke the law. This is very obvious and they deliberately spread rumors and slander.
Although the two people refuted and explained this.
However, the two people’s rebuttals and explanations are particularly weak based on objective factual evidence.
Thinking of this, Chu Changhe was about to sound the hammer.
Yu Cheng and Li Ming, the two defendants, seemed a little anxious.
This is a direct judgment?
If they were judged directly like this, wouldn’t they be doomed? !
If it is really determined, then the plaintiff’s claims are likely to be implemented.
The following results are self-evident.…
They will have their lawyer qualifications revoked and their law firms suspended for several months.
They cannot afford this kind of consequences!
Think of this.
Li Ming immediately spoke:
“Presiding judge...we believe that specific liability issues, such as whether there is intentional rumors and defamation, exist.”
“This still needs to be discussed…”
Chu Changhe frowned slightly at the judgment seat:
“The evidence is now before the trial.”
“You just admitted that there was unfair competition.”
“The evidence shows that the parties involved, Yu Cheng and Li Ming, you two, carried out the initial act of spreading rumors.”
“Is there any specific issue of liability? Is there any intentional spreading of rumors and defamation? There is evidence for this. Is there anything else that needs to be discussed?”
Facing the presiding judge's questioning, Li Ming wanted to continue to express something, but was interrupted by the presiding judge waving his hand.
“If the defendant can produce any evidence, it can make a statement.”
“But if the defendant does not have any evidence and just wants to show subjectively that he does not have such malicious tendencies.”
“My suggestion is that the defendant does not need to make further statements. The collegial panel will make a corresponding judgment based on the existing objective evidence.”
“Based on the above, I would like to ask if the defendant can produce any substantive evidence?”
Li Ming was speechless. He really couldn’t produce any substantial evidence!
Facing the presiding judge’s question, Li Ming could only shake his head: “Presiding Judge.”
“We currently have no substantive evidence.”
"OK!"
Chu Changhe nodded: "Since there is no substantial evidence."
“So does the defendant have any objections to the above content of the defense?”
Hearing this question, Li Ming could only continue to shake his head: "No."
"Um!"
After questioning Li Ming, Chu Changhe then asked the lawyers appointed by the other three media outlets if they had any other objections to the trial.
After getting an unobjectionable answer.
Chu Changhe banged the gavel: "No party has any objection to the above reply."
“The collegial panel rejected the decision of the plaintiff’s application.”
“Reason for rejection: The judgment result is announced together with the trial result.”
“There will be no judgment on related issues for the time being.”
“Since all parties to the defense have no objections, the facts are clear, and the objective evidence is sufficient, the defense session is now over.”
“The following is a court statement.”
“Please invite the defendant, Western District Metropolis Media, to start the court statement.”
Face the presiding judge’s decision to reject the application, Su Bai had no objection.
Because it can be clearly seen from the current court trial situation...the presiding judge's judgment tendency.
The decision to reject the application does not mean to disagree with the decision.
But what?
Instead, it is planned to proceed directly to judgment and shorten the court hearing time.
This idea of the presiding judge can also be seen through direct court statements.
The court statement of West District Metropolis Media is very simple. In summary, it is -
Acknowledge your mistake sincerely and transfer the responsibility to the successful law firm.
And request the court to take into account the nature of its impact and reduce the public apology time.
After the court statement in the West District Metropolis Media.
The lawyers commissioned by West District Minsheng Media and Tianyu Media also made statements from these aspects and tried to avoid the penalty for them.
For these three media outlets, what matters is not other penalty results.
It is the time limit for a public apology.
If a media company publicly apologizes continuously for such a long time, the impact will be that the news published by the media and its credibility will be greatly compromised.
This is fatal for a media.
So the demands of the three media are basically the same.
The three media outlets concluded the court session. Chu Changhe, as the presiding judge, then asked the defendant Chenggong Law Firm to make a court statement.
This time the presentation stage was conducted by Yu Cheng.
For this court hearing, Yu Cheng’s original plan was to win the case.
Then it also plays a very positive role in the success of their law firms.
But what he didn't expect was that now they were about to lose the case.
It’s not just losing the case.…
And they can hardly afford the consequences of losing the lawsuit!
At present, the only way to restore their subjective image as the defendant in the presiding judge's eyes is through court statements.
Therefore...let the judgment after losing the case not be so serious.
After all...the result of losing the case was that his and Li Ming's lawyer qualification certificates were directly cancelled. Also, the successful law firm was suspended for a few months.
This is equivalent to directly ruining their career prospects and career paths.
Thinking of this, Yu Cheng spoke, and this speech was an apology to Su Bai:
“Presiding judge, our court statement is very simple.”
“We know that our actions have had a great negative impact on the plaintiff. I would like to apologize to the plaintiff in advance.”
“We also know that our apology may not be able to make up for the losses suffered by Bai Jun Law Firm and the reputational damage caused to Mr. Su Bai.”
“We feel deeply guilty about this.”
"but.…"
“In this final court briefing, I would also like to state a few words about our successful law firm.”
“And the psychological journey before spreading rumors.”
“Our Chenggong Law Firm is not a big law firm in Beidu, because there are many very capable top law firms in Beidu.”
“Our law firm’s previous operating conditions were not very good either.”
“I and other partners have always wanted to change the status quo of the law firm, but we have never had the chance.”
"The reason why I went to spread rumors about Baijun Law Firm this time, or in other words, the reason why I went to Cibaijun Law Firm."
“The main thing I want to think about is that Baijun Law Firm is very famous in China, and its founder, Lawyer Su Bai, is even more famous on the Internet through short videos.”
“I want to pass Dong Guoguo’s case through my relationship with lawyer Su Bai, who is the defendant and the victim’s attorney respectively.”
“What we have done here can be said to be an act of hype.”
“But we did not expect that such a serious situation would occur and cause such serious losses to Bai Jun Law Firm.”
“A little more.”
“We can make a public apology to recover the losses of Baijun Law Firm.”
“Clarify to the media that these matters are all our actions and our mistakes.”
“Li Ming and I, as partners of Chenggong Law Firm, are also the defendants in this incident.”
“We are also very aware of our own problems.”
“We also want to ask the presiding judge to consider from many aspects whether we did it unintentionally and whether there are other objective conditions.”
“Use this to make a judgment.”
“Presiding judge, the above is our court statement.”
Yu Cheng’s court statement was more based on empathy.
Through statements, they want the presiding judge to bring them into their perspective and make a mitigating sentence.
But is this realistic?
It’s not realistic at all.
Because objective facts and objective conditions are already in front of us.
Let’s talk again.
The presiding judge may not be able to sympathize with their situation during the trial.
For Yu Cheng's statutory statement, Su Bai obtained the consent of the presiding judge to make a court statement.
There was no immediate rebuttal.
Instead, he asked a few questions.
“Presiding judge, our court statement is based on the defendant’s point of view.”
“Here, I would like to ask the defendant a few questions.”
"first.…"
“The defendant stated your psychological journey of spreading rumors. In the final analysis, isn’t it still for unfair competition?”
“Are rumors and unfair competition illegal?”
“Are you aware that this is illegal?”
“In the previous defense, the defendant has admitted that your behavior was unfair.”
“It can be inferred from this that the two lawyers of the defendant knew that what they were doing was illegal, but they continued to commit this illegal act.”
“For the above, it is an objective fact.”
"also."
“I can also understand that the development of law firms in Beidu needs to be slowly settled, and successful law firms want to seize any opportunity for development.”
“But why can’t we develop through legitimate channels and legitimate rights and interests, but use illegal means to develop?”
Yu Cheng was silent and did not answer.
Su Bai saw this and continued to speak:
“From this point of view, the arguments of Chenggong Law Firm and the two defense lawyers now sitting at the defendant’s table are simply untenable.”
"Why?"
“Because the objective facts already exist.”
“Objective evidence can already show their original subjective thoughts.”
“It doesn’t make any sense to state subjective ideas again.”
“Choose to break the law, spread rumors, and engage in unfair competition. This is in itself the idea of two partner lawyers of a successful law firm and the behavior of knowing the law and breaking the law.”
“Whether it is from a subjective point of view, an objective point of view, or from a legal fact point of view.”
“We do not agree with the practices and behavior of the defendant Chenggong Law Firm.”
“We also do not accept the apology from the defendant Chenggong Law Firm.”
….”
The statement is completed.
Su Bai raised his head and looked at the presiding judge's seat, waiting for the presiding judge's continued punishment.
Yu Cheng’s statement, to put it bluntly, is to make the presiding judge empathize with them and understand their approach to developing the law firm.
But what is the fact?
The fact is that their approach does not inspire empathy.
Why?
Because they are violating the law!
As a lawyer, don’t they know that doing this will cause legal problems?
I definitely know!
So why do they continue to do this?
The purpose of doing this is that Bai Jun Law Firm may not sue.
Or maybe you think you can’t catch them.
This is their original psychology...
As for the others, they are just excuses and reasons to evade legal sanctions.
.
….
PS: Please give me a monthly ticket~
(End of this chapter)
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