"Lawyer Cao." Haruko came out and didn't see Sonny. He greeted him, took two more steps to see Sonny, and immediately said, "I'm sorry, Lawyer Cao, I don't know you're meeting guests."

"It's okay, the guest wants to leave, let's go."

"It's almost time for dinner." Sunny reminded that although he didn't plan to have a meal, Cao Yun's attitude made him unhappy.

Cao Yun asked, "You want to treat me?"

"When I didn't say it." Sunny had no choice but to stand up and walk towards the living room, greet Haruko, walked out of the living room, and drove away. For him, today's task had been completed.

"What's up?"

Haruko was a little embarrassed, and finally said: "Lawyer Lu hasn't come to work in the past two days. I contacted him and he said he was studying the case, and I was a little worried about him." Haruko liked Lu Yihang, but the flow was ruthless.

Cao Yun said: "The deputy general manager's house case has been settled, right? Let me ask."

"Thank you, Lawyer Cao."

Cao Yun asked with a smile: "Why thank me? We should all care about our colleagues."

Haruko didn't answer and ran away with a smile.

Love is so beautiful.

...

The reason why Lu Yihang stayed in the hotel apartment was that he encountered a very difficult case. The case was a small case, but the attention was not low. The reason for being paid attention was a collision between social morality and law.

Zhao lives in a community in the suburbs of the city and has a small car and purchased a parking space of 404. One morning, Zhao's wife and two children went downstairs. According to the normal life trajectory, Zhao sent two children to school, his wife to work, and went to the company to work. When he arrived at the parking space, he saw a black car parked in front of the 404 parking space, blocking his road.

Zhao hurriedly called the phone number left by the black car, but no one answered it. Ten minutes later, Zhao had no choice but to call the police. The police called the traffic police. The traffic police contacted the owner through the license plate registration number. The traffic police contacted Zhao and said that the other party moved the car immediately. Forty minutes passed, no one came to move the car. During this period, Zhao contacted the property, and the property management said that he would find a way for him.

Forty minutes later, with the help of the property phone number, the owner of the 403 parking space moved his car, and Zhao drove out. Because his wife and children must have been late, he was angry for a moment. Zhao used the key to write three words on the black car: Good parking.

About two hours later, the owner of the black car, Ms. Wang, who was in her forties, called the police. The community surveillance did not capture the scene of Zhao slashing the hood. At this time, Ms. Wang's daughter, the owner of the car, contacted Ms. Wang. Ms. Wang contacted the traffic police and learned that someone called the police to move the car.

The police contacted Zhao, and Zhao went to the police station and admitted that he had cut the hood. The police determined that he had cut the hood by himself. Ms. Wang asked for a total of 12,000 yuan for the whole vehicle to be painted. Zhao was angry, and Ms. Wang was very harsh and arrogant, and she quarreled with Ms. Wang. At Ms. Wang's request, the police had to file a case. Zhao was prosecuted for intentional destruction of public and private property. Because it exceeded 5,000 yuan, it could be filed. After the prosecutor did Zhao's ideological work, Zhao compensated Ms. Wang for repair fees of 12,000 yuan.

After Zhao was released, he posted his experience online, attracting support from a large number of netizens. With the support and encouragement of netizens, Zhao found Lu Yihang. Zhao's friend was once overturned by Lu Yihang because of the immortal's case and was eventually acquitted.

Cao Yun is a partner in a law firm and is quite senior lawyer. The commission point of the law firm is low, and the commission starts at 100,000 yuan. Lu Yihang is a special lawyer and has no requirement for the amount of the commission. However, Zhao received everyone's support in the automobile forum and paid 60,000 yuan in lawyer fees. Netizens in the automobile forum paid a lot of attention to this case.

According to official data, some city alarm platforms have more than 2,000 car requests for help every day, or even 4,000, which is already a relatively common social problem. The police usually make a call to contact the car owner and ask him to move the car.

According to the legal principle, the 404 parking space belongs to Zhao. If it is occupied, the police will inevitably accept it. Ms. Wang’s car parked outside the 404 parking space and does not belong to Zhao’s private property. If there is a scratch, the traffic police can intervene, and they will inevitably intervene. If it is just blocked, the police have no compulsory measures. Calling the police to call the trailer is an idea that some people think is feasible. According to the law (Gao Yan), the traffic police have no jurisdiction over the community roads and traffic order. The community property and street office are responsible for the jurisdiction.

In terms of law, Zhao must have violated the law when placing a car. There is no doubt that the other party must compensate for the losses. The problem now is that the police gave a loss appraisal certificate of 5,000 yuan. Ms. Wang believed that the whole vehicle was painted and the 4s quotation was 12,000 yuan. Since the loss exceeded 5,000 yuan, Ms. Wang did not agree to the compensation of 5,000 yuan. According to this, the case would be turned into a criminal case. Zhao forced her to agree to the compensation of 12,000 yuan.

After Zhao asked Lu Yihang to explain the situation, he also explained his requirements. The first basic requirement is to get 7,000 yuan back. This basic requirement is to get 10,000 yuan in risk. The second basic requirement is to get 12,000 yuan back. This basic requirement is to get 50,000 yuan in risk. The third basic requirement is Ms. Wang apologized, and the basic requirement is to get 10,000 yuan in risk.

In the best case, Ms. Wang apologized and got back 12,000 yuan, so that Lu Yihang could get 60,000 yuan in lawyer fees.

Lu Yihang explained that he was looking forward to seeing Cao Yun later. He understood Cao Yun, so he explained the whole thing in detail. It took twenty minutes. Cao Yun did not answer immediately and stood up and walked to the desk. Seven or eight legal books, and the whiteboard next to the table was full of words. Cao Yun picked up one of the books: Emergency avoidance. Lu Yihang was forced into a desperate situation.

Cao Yun covered the book and sat on the chair to look at Lu Yihang: "The whole thing is very clear, the facts are clear, and the police, Zhao, and Ms. Wang have no doubts?"

Lu Yihang nodded: "Except for the loss appraisal issued by the police, which does not match Ms. Wang's requirements."

Cao Yun said: "I can read this case, but you can't read it... It's not because of your ability, there are some technical problems in it."

"I don't understand."

Cao Yun said: "Yihang, I have been paying attention to you. The lawyer route you are taking is relatively just and upright. For example, what is this?"

Cao Yun took out the lighter.

Lu Yihang wondered, but replied: "Lighter."

Cao Yun asked: "Or what?"

Lu Yihang was stunned: "Or...plastic?"

Cao Yun said: "In my understanding, it is not only a lighter, but also an explosive and dangerous product. At the same time, it is a toxic product, and the butane contained in it is harmful to the human body. Is it a lighter, a explosive or a poisonous product? It is not what it is, but what you want to do. We are lawyers. If a lawyer only explains the facts, he is an upright lawyer. But it is definitely not the lawyer needed by the market."

Cao Yun: "Ms. Gao is good at reviewing business contracts. She has the capital to be an honest lawyer because the contract is written very clearly in black and white. Back to the case, if Zhao's son suddenly vomits blood, Zhao considers that calling an ambulance will take time to go back and forth, so Zhao hugged his son and prepared to drive to the hospital by himself, which can save a lot of time. At this time, Zhao's car was blocked, and Zhao had no choice but to call the ambulance again. Due to the delay in time, his son's death. In order to vent his anger, he engraved words on the hood of Ms. Wang's car, what would happen?"

Lu Yihang replied carefully after a long time: "It seems that he still has to lose money."

"Yes, what's the reason? There are many possibilities for the death of his son. Unless it can be confirmed that Ms. Wang's car was parked at will directly lead to the death of Zhao's son, Ms. Wang will be held responsible." Cao Yun said: "This is the first defense method in this case, bite back. Under normal circumstances, you can't bite, unless you can debate the lighter into an explosive substance."

"for example?"

Cao Yun said: "For example, Zhao's wife was fired by the company because she was late many times. This can ask the company's personnel department to testify to prove that Zhao's wife was fired many times sooner or later, including that morning. Because Ms. Wang's car blocked Zhao's car's way, it directly led to Zhao's wife being fired. This loss can be calculated."

Cao Yun said: "This method is not to eliminate 10,000 yuan in compensation, but to ask Ms. Wang to compensate Zhao for the losses due to fault. First of all, we must establish a point, is Ms. Wang at fault? Yes, surely, first, the property has clear regulations that cars must be parked in a parking space. Ms. Wang's behavior can be held accountable through the property. Second, civil dialectics. In civil litigation, the dialectics of subjective right and wrong do not require complete evidence, also known as analogy rules. For example, if you put a bag of wood chips in a public aisle, a fire broke out, your garbage has a ignition effect. Your neighbor's house is on fire. The legal determination of the garbage you placed in the public aisle has a ignition effect. You are responsible for the fire loss of the neighbor. Ms. Wang's car blocked Zhao's car and caused Zhao's wife to be fired. This can be proved by analogy rules that Ms. Wang is responsible for Zhao's wife's dismissal."

Cao Yun said: "But this is not the case. To win a lawsuit through this means, you need to forge evidence. There are many types of forgery evidence. I absolutely do not agree with lawyers who directly forge evidence. But perjury can be obtained through implied methods. After Zhao's wife understood the meaning, she created perjury. The lawyer believed her, but it was exposed. The lawyer was not responsible for the lawyer. Civil perjury will not have much impact on Zhao's wife. This is a strategy of small cost and big rewards. I will use it, and I believe you won't use it."

Lu Yihang nodded helplessly: "I remember Lawyer Cao, you once said, don't deny the facts."

Cao Yun said: "Don't deny the facts means that some technical treatment can be carried out based on the recognition of the facts."

Lu Yihang thought for a while and asked, "Lawyer Cao, is there another way?"

Cao Yun said: "The second method is to bet. Zhao can overturn the confession and not admit that he had scratched Ms. Wang's car. The most deadly thing in this case was that Zhao himself admitted it, but the police obviously had some negligence. Zhao admitted that he had scratched the hood of the car, but did not explain what he had scratched. As long as he knocked out this testimony, there would be basically no problem. Although it was not without a chance, it was too difficult to knock out this testimony. Judging from Ms. Wang's car, her lawyer will not be very bad, and the chance is not great."

"As it really impossible to win?"

Cao Yun said: "I can't think of a solution based on the risk commission signed by you and Zhao. However, I have an idea that it has nothing to do with the three basic points of risk commission."

"for example?"

"Surrender Ms. Wang to blackmail." Cao Yun said: "The disadvantage of Zhao in this case is that the police's loss appraisal certificate reached 5,000 yuan, and he was at risk of being accused. This is Zhao's advantage. Ms. Wang blackmailed Zhao through this. Not only that, now our advantage is great. The loss issued by the police is 5,000. Ms. Wang asked for full spray painting, but she did not apply for administrative reconsideration. That is to say, the losses admitted by the police so far are only 5,000. The 12,000 issued by Ms. Wang may make sense, but there is no evidence. In this case, if we call the police to file a case, we have a great chance of winning, but it has nothing to do with the money."

Blackmail is a criminal case of private prosecution, where the people do not sue, and the officials do not establish a case. The biggest difference between it and a civil case is that civil cases require money and criminal cases require jail. Because it is a private prosecution, the plaintiff can revoke the accusation.

So does Ms. Wang’s behavior constitute extortion in this case?

In Cao Yun's opinion, the blackmail has a great chance of winning. At the same time, lawyers need to play in court debates. In essence, Ms. Wang knew the principle of 5,000 jail for 5,000 losses, so she ignored the police's loss appraisal and offered a price of 12,000. Subjectively, it meets the price of spraying the whole vehicle, but objective evidence does not support it. In other words, in the legal provisions, there is no provision to compensate the spraying of the whole vehicle after scratches.

Without the law, Ms. Wang offered 12,000 compensation, and finally received 12,000, because Ms. Wang asked for a case to be filed and sued Zhao. Zhao agreed to 12,000 compensation if she could go to jail.

Cao Yun said: "The key point is that blackmail is the subjective intention. Does Ms. Wang have a similar statement: I don't care, I want 12,000 yuan, spray paint all the cars, and let her go to jail without paying money. If she says so, she will die. If Ms. Wang keeps arguing with the police about the difference between 12,000 yuan and 5,000 yuan, and finally the police or the prosecutor communicates with Zhao and Zhao compromises, this is not blackmail."

Cao Yun said: "If it is the former, you will continue to be a Sunshine lawyer. What if it is the latter? Will you hint Zhao to make testimony that is unfavorable to Ms. Wang? Zhao's testimony will be used as reference evidence, and the court will likely consider Zhao's situation at that time. You ask the police officer in charge of the case to appear in court to show that Ms. Wang does not accept the police appraisal. In this case, the court may mediate both parties. There is almost no loss in our defeat, and Ms. Wang's loss is likely to be in jail. The car that Ms. Wang drives a good car. Do you think Ms. Wang will risk going to jail with you?"
Chapter completed!