Fine for slandering legal workers at will?
In a street office of Licheng Court in Jinan City, the plaintiff Hu sued the defendant for administrative house demolition and administrative compensation. Hu refused to accept the trial result and shouted loudly that the judge and his entrusted agent were bought during the trial, and the judge immediately questioned him.
However, Hu can neither give a reasonable explanation nor submit evidence to prove it, and claims that he is just talking casually and has no purpose.
Plaintiff Hu obviously didn't realize that it was irresponsible to "speak casually" in court. After the judge warned him, he still did not converge and continued to talk nonsense. He paid the price for his "casual talk" on the spot:
The court decided to impose a fine of 5,000 yuan on Hu, and the suspected agent also cancelled the agency contract with Hu on the spot.
Mastering the evidence is the key!
The purpose of hiring a lawyer is to assist us in litigation, help us sort out legal relations and evidence, and win the lawsuit. As a result, the client thinks that the attorney has been bought by the other party. What should we do at this time?
First of all, make sure this is your guess or there is evidence to prove it. If this is just your guess, then you should be careful what you say and do. Before there is definite evidence, you can't just assume that your attorney has been bought by the other party on your own suspicion. This is not only a disrespect for the attorney's personality, but also a distrust of both parties, which will lead to you not telling all the relevant information of the case to the attorney and directly affect the outcome of the case.
If you don't trust the lawyer you hired, you can negotiate with the agent to terminate the agency contract.
If you have evidence that your attorney acted as the "spy" of the other party, then you can completely terminate the contract unilaterally according to the agreement in the agency contract. At the same time, you can also complain to the local authorities about the behavior of the attorney.
Article 49 of the People's Republic of China (PRC) Lawyers Law stipulates:
If a lawyer commits one of the following acts, the judicial administrative department of the people's government of a city divided into districts or a municipality directly under the Central Government shall impose a penalty of not less than six months but not more than one year, and may also impose a fine of not more than 50,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate; If the case constitutes a crime, criminal responsibility shall be investigated according to law; Accepting property or other benefits from the other party, maliciously colluding with the other party or a third party, and infringing on the rights and interests of the client.
Lawyers have an obligation to be loyal to their clients. If you hire a lawyer who has improper contact with the other party, it obviously violates the lawyer's professional ethics. At this time, you can bravely take up legal weapons and defend your legitimate rights and interests.
Be careful when choosing an attorney!
No matter what kind of litigation, the parties should handle the choice of lawyers carefully.
In addition, for the principal-agent agreement signed by both parties, it should be clear that the parties have the right to unilaterally terminate and investigate the agent's liability for breach of contract; For the agency fee of the case, it is best to agree with the other party to pay in batches to arouse the enthusiasm of the attorney, and not to pay all the fees in advance; In the case of an attorney's "internal cooperation", the parties should fix the relevant evidence in time and then complain to the relevant departments.
For daily legal consultation, we should consult professional lawyers for help in time, recommend enterprises to join the legal protection network, establish a special legal department as soon as possible, prevent and control risks in advance under the guidance of professional legal affairs, avoid unnecessary losses, and safeguard legitimate rights and interests in time!