i gave myself away

There was still half an hour before the trial time, Xie Jincheng and Shi Mo walked into the middle court side by side.

Entering the courtroom, the defendant was not there yet. Xie Jincheng helped Shi Mo take out the evidence and sat down on the seat below. Wu Lin, the legal representative of the plaintiff Eryu Company, arrived afterward. Ten minutes later, the defendant—the Li family and his family The two attorneys - also came.

Xie Jincheng narrowed his eyes. He recognized these two lawyers. They were among the top [-] barristers in Jintian Law Firm, and one of them had the ability to see through the opponent's psychology and set traps. Tian Law Firm is blacklisted, but if the Li family directly entrusts the lawyers of Jin Tian Law Firm through personal relationship, the law firm will not stop it.

It was not good for Shi Mo to meet such a difficult opponent for his first major case.During this period of time, Xie Jincheng didn't know how prepared Shi Mo had been and how he had improved. As far as he knew Shi Mo before, he was far from being a match for these two.

Shi Mo didn't know the origin of the opposing lawyer at all. Seeing that the opposing lawyer was dressed casually, looked ordinary, and had an ordinary temperament, he subconsciously thought that the Li family looked down on him and specially hired low-level lawyers to fight against him. A beautiful counterattack.

In a way, Shi Mo's unique ideas gave him an advantage.

"Isn't this Lawyer Xie? Why are you here?" Seeing Xie Jincheng, the Li family obsequiously went forward to shake Xie Jincheng's hand.

Xie Jincheng sat on Erlang's legs without moving, and did not shake Li's hand. He pointed to the plaintiff's seat with his chin: "Mr. Li, where is your handshake?"

Looking at the Li family, they saw a man with an extraordinary temperament and bright clothes flipping through the documents, his gestures were full of luxury, he didn't recognize Shi Mo, and even sneered complacently, the plaintiff changed his lawyer, it must be that The guy named Shi Mo was so frightened that he didn't have the guts to appear in court.Seeing that this lawyer has an extraordinary bearing, he must curry favor with him.

He walked over and extended his hand friendly: "Hello, what is the name of this lawyer?"

Shi Mo didn't raise his eyes, and lowered his head to sort out the materials: "Sir, one client can only entrust two lawyers."

The Li family's hand stopped in the air awkwardly, and he asked inexplicably, "What do you mean?"

"If you want to entrust me to be your attorney, please cancel the entrustment of your two lawyers. After all, my lawyer's fee is relatively high. If you only entrust me with one, it may save your expenses and pay you a few dollars. Prepare for a lawsuit. If you didn't entrust me," Shi Mo raised his head with a contemptuous smile, "I don't understand what you mean by that?"

The Li family's face turns green and turns pale, Shi Mo is insinuating that he is burdened with huge debts, entangled in lawsuits, and maliciously ridiculing his flattery.

The Li family lost all face, and even his attorney bowed his head in shame. There were more than a dozen people in the audience, and the Li family did not dare to get angry, so they could only snort viciously, and walked back to the defendant's seat with a cold face.

Shi Mo lowered his head and snickered, secretly gave Xie Jincheng an "ok" gesture, and Xie Jincheng nodded appreciatively.

Soon, the trial began.

The presiding judge tapped the gavel with a clear voice: "Next, check the identity information of all parties and litigation representatives. Plaintiff, please briefly describe your identity information."

Shi Mo deliberately gave the Li family a wink, and leveled the complaint with both hands. His voice was loud and powerful, which was heartening: "The plaintiff, Eryu Co., Ltd., domiciled... Wu Lin, the legal representative, is the chairman of the board. .Ad litem attorney Shi Mo, a lawyer from Zhong Yuan Law Firm, the authority of representation is a special authorization."

Click.Li's pen fell to the ground, what did he hear?Shi Mo, is that lawyer Shi Mo?It's been a while since I saw him, but he has changed so much that he didn't even recognize it!The Li family was dumbfounded, suddenly thinking of his flattery just now, he almost wanted to slap himself hard.

After the defendant briefed the identity information and other series of procedures, it came to the stage where both parties stated their appeal and defense opinions.

Shimo insisted on the request in the complaint, and there was no change, and the defendant also insisted on the defense submitted before the trial.

At the stage of cross-examination, the two sides issued cross-examination opinions on the evidence submitted by the other party. In short, they did not admit evidence that was unfavorable to each other.

At the court investigation stage, the host judge asked: "Plaintiff, when the three parties signed the guarantee contract, when exactly, who was present, and where was it signed?"

Shi Mo spoke slowly on purpose, and shifted his eyes to the Li family from time to time: "The legal representatives and secretaries of the plaintiff, the defendant, and the parties outside the case were all present. In a suite at Hotel A, the date of signing is the date on the contract. The meeting time is 3 p.m.."

"Nonsense!" The Li family vehemently denied it. "I wasn't there, someone else imitated my handwriting and signed randomly! That lawyer talked nonsense!"

The presiding judge tapped the hammer to remind: "Defendant, please pay attention to court order and refrain from making personal attacks."

Seeing Shi Mo's smile, the Li family snorted with an ugly face, and the female lawyer he entrusted added: "We submitted a copy of the newspaper during the cross-examination stage just now, proving that the official seal of Jia Luo Company was used before signing the contract. Because of the loss, it has been canceled in the newspaper, and the official seal on the contract is a fake official seal. Therefore, we submitted an application to the court in court, requesting the court to verify the authenticity of the signature and official seal on the guarantee contract.”

The presiding judge said: "Plaintiff, please express your opinion after reading the defendant's appraisal application."

Shi Mo took the appraisal application form from the presiding judge and glanced at it. His eyes were as sharp as a discerning judge, making all the lies invisible: "We believe that the defendant's appraisal application is meaningless. First, there were The legal representative of the party outside the case is present. If the court finds that our claim is not credible, the legal representative of the party outside the case may be required to testify in court, proving that the contract involved is the true intention of the three parties involved. The seals of the defendant company are all true. Originally, we should find witnesses to appear in court, but we believe that it will be more convincing if the court summons witnesses. Second, after the official seal of the defendant company was canceled in the newspaper, it still It is used to sign other guarantees and sales contracts. We have just submitted evidence to prove that the official seal is still used for normal transactions after cancellation. If the defendant insists that the official seal on the contract involved is fake, then The official seals on the other contracts are of course also fake. I have to be skeptical about this. How lax was the defendant in the management of the company that led to the signing of multiple contracts with forged official seals? Is the defendant not responsible for this? If the above-mentioned phenomenon of forging the official seal does not exist, then the defendant maliciously used the invalid official seal to shirk responsibility and harm the interests of the third party, and the court should hold the defendant accountable for this!"

The majestic, powerful aura runs through the entire trial court, which lifts people's spirits. The audience looked at each other and nodded appreciatively.

The defendant's two lawyers frowned. Regarding Shi Mo's first point of view, they originally planned to argue that it was the responsibility of the plaintiff when Shi Mo proposed that the court summon witnesses to appear in court. After the plaintiff found a witness to appear in court, the witness's testimony was not admissible on the grounds that the witness and the plaintiff had maliciously colluded and intentionally framed the case.

Who knew that Shi Mo had said it to the core, and did not give them the opportunity to attack the needles at all. If necessary, the court would summon witnesses. They did not take the blame. The plaintiff came, so how can we say that the witness colluded with the plaintiff?The back road was completely blocked by Shi Mo.

As for the second point of view, they didn't think of a countermeasure for a while, and they didn't expect Shi Mo to be so sharp and hit the nail on the head.

Xie Jincheng nodded with a smile, Shi Mo has grown up.

Seeing that the lawyer didn't respond, the Li family scolded anxiously: "What are you doing, refute him!"

The two lawyers looked at each other, the female lawyer thought about it, and when she was about to refute, the presiding judge continued to ask questions.

"Defendants Li's family and Jialuo company, what evidence and reasons do you think you are not liable for?"

"According to the fifth paragraph of Article [-] of the contract involved," the male lawyer read out the content of the clause, "We believe that this clause is an unclear agreement, and there is no clear agreement on the security deposit and liquidated damages that we should bear. You should be responsible." After finishing speaking, he raised his head and carefully observed Shi Mo's words and deeds, waiting to see Shi Mo's psychological state from it, figure out Shi Mo's thoughts, and take the next step.

However, Shi Mo disrupted the chessboard that the male lawyer had moved. He suddenly smiled, his eyes were loose, his movements were natural and casual, and he looked like he didn't take his opponent seriously: "The three parties have been friends for many years, and they have also been friends for many years." In the trade, the three parties believed that the amount of responsibility could be negotiated amicably, so the agreement was unclear. The point raised by the defendant can only show that the three parties’ contract was flawed, but it cannot deny the defendant’s responsibility. It means that the content is legal, the signatures and seals are true, and it is a valid contract. The defendant should bear the guarantee responsibility according to the contract. If you don’t need to bear the responsibility just because of the flaws in the contract, it will violate the principle of good faith and be detrimental to social stability.”

The male lawyer clenched his pen tightly. He has been in the legal profession for many years. He believes that he has seen all kinds of situations in the world with his eyes and read countless characters. The human heart is like a transparent mirror in front of him. If you fall into a trap, you can say caring words according to your friend's thoughts, but a person like him can't see through Shimo. Shimo is like a sword drawn from its sheath one second, sharp and compelling, but the next second is like a frivolous person , carelessly, with a casual attitude, completely confusing his true temperament.

The host judge asked, "What does the defendant have to say about the plaintiff's argument?"

The male lawyer paused every word, slowed down his speech, and stared closely at Shi Mo's expression, hoping to see the clues from the details: "We do not approve the plaintiff's statement. First, when signing the contract, the Li family None of the employees of Jialuo Company were present. Second, the signatures and seals on the contract were false."

Shi Mo laughed again, as if the defendant had said some particularly funny joke, his smile was very natural and innocent, without any trace of sarcasm or sarcasm, but the male lawyer just couldn't understand what he was laughing at.

The back of the male lawyer's hand was stretched out. Shi Mo was too casual, but his words were surprisingly sharp. If he didn't have a well-thought-out plan and a little ink in his chest, who would have such a free and unrestrained attitude?In Shi Mo's eyes, it seems that this is not a game, but a game with a certain chance of winning.

Compared to his own nervousness, the male lawyer felt like a clown who was not taken seriously by Shi Mo at all.

The male lawyer was upset, and as the trial entered the stage of intense debate, he became even more upset.Trials are also a game of lawyers' psychology. If you have a firm mind, you will be able to overwhelm your opponent. Otherwise, you will be led by the nose.

It took nearly half an hour from the court investigation stage to the debate stage. However, the male lawyer failed to set a trap for Shi Mo once as he wished, and was surprised by Shi Mo's clear thinking and logical analysis ability.

"The next step is to enter the court debate stage. All parties are invited to express their opinions. First of all, the plaintiff is invited to express their opinions."

"Dear presiding judge and judge, Shi Mo, a lawyer of Zhongyuan Law Firm, accepted the entrustment of the plaintiff, Eryu Co., Ltd. to represent this case. The modern attorney, based on the facts of this case and relevant laws and regulations, issued the following agency opinions for the collegial panel to review the case Shi Mo folded his hands on the table, with a smile on his face, his eyes focused on the three defendants for a moment, and he spoke clearly and logically, "First, the contract involved is the true meaning of both parties. He stated that the signatures and seals on the contract are true and the content is legal, and the three parties involved were present at the time of signing, so the contract should be deemed valid..." Similar debates had already been published during the investigation stage of the trial, and Shimo just Expand and further process on the original basis to make it more convincing.

The defendant became more and more restless, and Shi Mo was able to make his sentences fluent, concise, focused, and eloquent when he was out of the script. It seems to be able to peel off the hypocritical appearance and reveal the weakness of the heart. If he is an actor, then his whole body is full of penetrating drama.

The male lawyer felt that he had suffered a crushing defeat. It was the first time he encountered such an elusive opponent, so when he expressed his opinion, he was a little weaker: "Based on the facts of this case and relevant laws and regulations, we express the following opinions: First, when the contract involved in the case was signed, , our party and the company personnel were not present... To take a step back, even if the seal of Jialuo Company is real, the company is not a qualified defendant. According to the official seal on the contract involved, the official seal is signed by the guarantor Below, it is not stamped in the column of "guarantor", so the company is only a witness in the contract, not a guarantor. As for why the company stamped it, it involves the situation of signing the contract at that time. Before signing the contract, the plaintiff Wu Lin, the representative of Fading, contacted the Li family by phone..."

The long-winded opinion lasted for 15 minutes, and Shi Mo felt like yawning. The other party’s point of view was clear and impeccable, but the facts stated were too many and complicated, which weakened the point of view and reasons. This is a novice’s mistake. mistake.

For the court, the cause and effect of signing the contract and the process are basically irrelevant. The court looks at evidence, not human feelings. No matter how pitiful or innocent the facts are, it will not affect the court's judgment. It is of no use except to prolong the court session.

The Li family was also very impatient, and their calves kept shaking. After finally waiting for the male lawyer to finish speaking, Shi Mo made a second round of opinions on one of the points. Sudden sharpness: "As for the question of whether Jialuo Company is eligible for the defendant, we will make the following defenses: First, the collegiate panel should pay attention to the position of the company's seal, which is about one centimeter below the signature of the 'guarantor', and The column of 'Guarantor' is very similar, if the company is a witness as the defendant said, why should it be included here? It can be placed in the middle or corner of the contract, and the defendant's statement is obviously unreasonable!"

Wu Lin couldn't help shouting "Okay!" in his heart.

Shi Mo strikes while the iron is hot and is aggressive: "Secondly, Jialuo Company is controlled by the Li family. As an adult with full civil capacity, the Li family should know what legal consequences will be caused by the company's seal and what kind of responsibility will be borne. Responsibility! Then, knowing the situation, he still stamped the 'guarantor', which obviously recognized the company's guarantee behavior. Since the legal representative of Jialuo Company has recognized it, it is not inappropriate for the company to bear the guarantee responsibility. Third, the other side claims that the signature and seal on the contract are not true, but conversely assumes that even if the official seal is true, the company does not need to take responsibility. After the debate opinions have been published, other opinions shall be subject to the written proxy statement submitted after the court session.”

The Li family couldn't understand the legal terms Shi Mo said, and respected his attorney more, and was much quieter, but the male lawyer couldn't help it. He couldn't see through his opponent's frustration, which was oppressing his nerves. Sweating profusely, he interrupted the female lawyer who was about to speak, and said in a panic: "First, the company's stamp under the column of 'guarantor' is to witness the behavior of the Li family's guarantee as a witness. The company should not Second, the law does not stipulate that we cannot make hypothetical claims, and our hypothetical claims are well-founded and do not contradict the original claims."

The female lawyer frowned. The male lawyer's point of view just now was illogical and empty. How could it be justified and not contradictory? How could it convince the court?

In fact, she did not agree to put forward a hypothetical point of view at the beginning, which was too risky, but the male lawyer believed that one more point of view was one more hope, and if she insisted on raising it, she could only accommodate.But because of the biased concept, the female lawyer did not prepare the corresponding arguments, and all of them were prepared by the male lawyers. Therefore, she could not find a suitable point of view to correct when she was unprepared and repelled in her heart.

After the presiding judge asked the female lawyer if she had any additional opinions, the female lawyer bit the bullet and said: "The opinions expressed by our lawyer just now all have a hypothetical premise, that is, the court believes that the official seal is true, so I will add this." a little."

The male lawyer realized that he was out of order, and regretfully wanted to add another opinion. When he looked up, he saw Shi Mo casually turning his pen, as if he didn't take his opponent seriously. He was anxious and angry, and rushed to his mouth He suddenly forgot all his opinions, he hesitated and hawed nothing, so he could only give up his supplementary opinions regrettably.

The presiding judge said: "The court debate is over, and all parties are invited to make final statements."

Shi Mo put down his pen and began to pack up the materials: "Insist on our appeal."

The female lawyer saw that the male lawyer had been staring at Shi Mo and had no sign of speaking, so she said, "The court should make a judgment in accordance with the law."

"Are the parties willing to mediate?"

After asking Wu Lin's opinion in a low voice, Shi Mo said, "We agree to mediate, the defendant pays the principal, and the liquidated damages can be appropriately reduced."

"Where's the defendant?"

The Li family yelled loudly: "I don't agree! I don't owe money, I haven't signed a contract, and I won't give you a cent!"

The Li family wanted to say more, but the presiding judge cut off his words first: "Since the two parties cannot reach a mediation agreement, this court will no longer organize mediation between the two parties. If the parties have a mediation plan, please reply to me within a week." Now the court is adjourned." The presiding judge struck the gavel, and the clerk called everyone to stand up. After the collegial panel withdrew, the three-hour trial finally came to an end.

Wu Lin gave Shi Mo a thumbs up, and laughed loudly: "Lawyer Shi, what you said is really good! Before the trial, I was worried that you would not be able to control it, but I didn't expect you to argue so well. I really saw the right person." He suddenly lowered his voice, looked at the Li family's face secretly and said, "You didn't even see it. The Li family didn't dare to make things difficult for his lawyer, so they could only endure it. I was relieved to see that ugly face. You It was a beautiful battle!"

Shi Mo wiped off his sweat and said humbly, "Thank you, Mr. Wu thinks highly of me and asks me to act as my agent so that I have a chance to fight back. I'll read the transcript first, and I'll talk about it later." He took it from the clerk with a smile Just as I was about to take a closer look at the transcript, a familiar pen was suddenly handed over with one hand.