Quick Wear: Everyone knows I am a good person
Chapter 1022: Lawyer Defending Evildoers 4
The reason why “failure of pursuit” is not mentioned is that the court does not protect emotional damages.
The mood of the parties involved is not mentioned because it is best to avoid emotional and subjective expressions in the indictment.
"Conditional gift" is because the parties can provide many chat records such as "marriage", "love" and so on to confirm the relationship, so the logic of filing the case is correct.
"Fraudulent gift" is because the defendant may have responded to the party in order to receive the gift or for other reasons.
such as:
"If you want to pursue me, a bouquet of flowers is not enough."
"I won't marry you if the bride price is less than 280,000..."
Chat records like this.
That's all evidence.
"My suggestion is to emphasize the client's current financial difficulties, preferably in detail."
Song Yu added: "It will help us gain more discretionary power for the judge."
Discretion means that when the facts are correctly determined, the judge has the power to make some biased judgments based on his or her own experience and attitude.
Simply put—
The judge feels sorry for you and will be biased towards you when making the ruling.
“Just file a case online.”
Song Yu said again.
"Ok."
Shu Jiao responded.
"Ms. Song's case will go to court on the 20th. Are you interested in going with me?"
Song Yu looked at Shu Jiao with admiration in his eyes.
It's rare to see a newcomer who can handle things so clearly and cleanly right after starting out. It shows that this kid is talented.
Take it to court and go through the procedures so that you won't be completely in the dark and know nothing.
"Of course!"
Shu Jiao nodded heavily, "Brother Song, please be sure to take me with you!"
The energetic state of working made Song Yu chuckle, "Okay."
As soon as Shu Jiao returned to her workstation, a pile of documents that needed to be filed were thrown at her.
From that day on, she had more work to do.
Until the 19th.
Song Yu found Shu Jiao in the morning.
"At 4:30, we have to meet with the client and prepare for tomorrow's court session."
Song Yu said.
Professional lawyers cannot let their clients rush into the “battlefield” without any knowledge.
Otherwise, what if, when you go to court and the judge asks you questions, you don’t know anything and say the wrong thing in a panic, which ultimately leads to you losing the case?
Therefore, in order to prevent such things from happening, Song Yu usually meets with the person involved one day in advance to discuss in detail.
This was also the original owner's habit.
"Could you please talk to the court clerk this afternoon to see if the court can open on time tomorrow?"
Song Yu glanced at Shu Jiao and continued, "When I first became independent, I handled a case in another city. The court session started at nine o'clock, and I went there a day early."
"At 7:30 the next morning, the clerk suddenly told me that the court session was postponed."
Sometimes, taking one more step can save you a lot of trouble.
But how can a newbie know these small details in the workplace that can only be accumulated through experience?
Although Song Yu was a bit long-winded, at least he was willing to remind.
Compared to some senior lawyers who only let trainee lawyers do odd jobs and hard work, never give them any advice, and never take them to court hearings, Song Yu is really much better.
Shu Jiao: "I understand. I will discuss all matters before the court session with the court clerk this afternoon."
"Ah."
Song Yu nodded slightly, "Then you go and get busy first."
After saying that, he lowered his head and typed on the keyboard.
Shu Jiao didn't see what he was writing, but she had a rough idea of it. It was probably some instructions for the parties involved and the information to be taken to court.
In a blink of an eye, it was 4:30 in the afternoon.
Shu Jiao met the person involved in this case, Ms. Song.
Ms. Song is 33 years old and has a six-year-old daughter with her husband.
The current chief complaint is -
Obtain custody of her daughter and force her cheating husband to leave the house.
"First, let's make sure,"
After exchanging a few pleasantries with Ms. Song, Song Yu solemnly asked, "Ms. Song, are you sure you don't want to accept mediation and have a private conversation with the defendant?"
Don't blame him for being cautious. It was true that when the court was about to start, he suddenly chose to settle the case privately.
"Yes! I don't accept it!"
Ms. Song was clearly very emotional. "Why should we settle it privately? He's obviously gay, but he tricked me into marriage. This is marriage fraud!"
"He even used his joint property to support a vixen. How shameless he is..."
"Legally speaking, he's gay, and marrying you doesn't constitute marriage fraud."
Song Yu said calmly: "Our focus should not fall here."
He first told Ms. Song the general process of going to court.
Then began detailed instructions.
"Your first request is to fight for the custody of the child."
"Then, when the court hearing begins tomorrow, wearing appropriate clothes and looking neat and tidy will give the judge a calm and reliable impression, which will be more conducive to our fight for custody."
"And the other party is likely to deliberately attack and provoke you."
"They're trying to make you break down, verbally abuse, or go crazy, so that the judge will think you're emotionally unstable and unfit to care for the child."
"So, for the sake of the children, hold on."
Ms. Song gritted her teeth and took a deep breath. "I understand. I'll endure it."
No matter how unbearable it is, you have to endure it.
She wants a daughter!
"Very good. Be sure to stay calm tomorrow."
Song Yu nodded slightly. "Don't interrupt anyone. If there are questions, answer them accordingly. If there are no questions, don't say anything. If you don't know, just say you don't know. Don't make it up."
"Don't tell me how much pain you're in."
"Tell the truth!"
"Your husband never picked up the children from school, never took care of a sick child. The court only looks at the evidence."
"Don't use the adjective 'vixen'. Just say his name..."
Song Yu explained everything in detail, from the name to the clothing, what to say and when to vent emotions.
It can be seen that he does have some strength.
Shu Jiao listened and didn't say anything.
This is not her home turf.
Or maybe it was her first time experiencing this kind of thing, so she needed to see it through first.
While Shu Jiao was thinking, Song Yu had already taken Ms. Song into the simulated court hearing practice session.
Song Yu challenged him, "Do you hate your husband so much that you're trying to fight him for custody?"
"I hate him, but this has nothing to do with me fighting for custody."
Ms. Song shook her head. "She's my daughter, so of course she has to live with me."
Song Yu: ...
So what I just said was in vain?
Shu Jiao raised her eyebrows slightly——
Obviously, this is not a "qualified" answer.
After two seconds of silence, Song Yu looked at Shu Jiao, "What's your answer?"
Hey?
And what about her?
Shu Jiao paused for a moment. "This issue has nothing to do with my relationship with my husband. I'm fighting for custody because I can provide a more stable, safe, and comfortable living environment for our daughter."
"Why?"
Song Yu asked, tilting his head to look at Ms. Song, obviously waiting for her answer.
"I have a stable job and can support my child. Besides, my child is still young and needs his mother's company."
"Besides, that bastard..."
Ms. Song blurted out, then changed her words when she thought of Song Yu's words, "My husband has never taken care of the children, and he even cheated on me. He is not worthy of being a father at all!"
——I regretted a bit when I started writing yesterday. This field is completely unfamiliar to me, so I can only try my best to research and write. O(╥﹏╥)o
If there are any major issues, please let me know from a professional. I'll do my best to fix them. (*?▽?*)
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