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What's wrong with this lawyer?!-Chapter 914 - 295: Lawyer Tang’s Everyday Leisure Life
Chapter 914: Chapter 295: Lawyer Tang’s Everyday Leisure Life
Going directly to the middleman for money might seem like a common thought to many, but the reasoning behind requesting the money, especially after the person handling the affair has been convicted of fraud and sentenced, becomes a problem.
Seeing Secretary Tian appearing agitated, Old Tang still said, “However, the court might not support this argument.”
Hearing this, the excitement faded from Secretary Tian’s face: “Ah, why not?”
Old Tang smiled and said, “Why? I can come up with several reasons to refute it right off the bat.”
“For example, the simplest one, illegal lobbying goes against the mandatory provisions of laws and regulations, violates public order and good customs, and thus the disputes arising from it are not civil legal disputes and not within the scope of acceptance by the People’s Court.”
“If that sounds too general, I can be more specific. This constitutes unjust enrichment of a payment type, according to Civil Code Article 985, payments made for unlawful reasons should not be reclaimed by the victim.”
Secretary Tian was stunned once again and hesitantly asked: “Then… does that mean there’s completely no hope?”
“Who said that?” Old Tang continued, “If unjust enrichment doesn’t work, take another route. The Civil Code has 1260 articles, 140,000 characters, you can always find a more appropriate civil legal relationship to construct with it.”
“For instance, whether these two individuals’ actions constitute a commission relationship, if so, then a commission contract is established. Now, since the contract is deemed invalid due to being unlawful, according to Civil Code Article 157, any property gained from an invalid civil legal act, if revoked or determined not to have taken effect, shall be returned.”
Secretary Tian… Secretary Tian had lost the ability to think. Another thought popped into her mind, could it be that Mr. Tang is just toying with me!
“So, in the end, is there a way or not?” Secretary Tian finally asked.
“I’ve said it before, there’s only hope, as to whether it will be supported, that depends on the court. Alright Secretary Tian, shall I take my leave now?”
After finishing, Old Tang headed home, grinning like a fox.
And he wanted Secretary Tian to know the struggles of a law student, to not always assume that litigating is easy. He would indeed help the residents of the complex, but that doesn’t mean he would help unconditionally.
And this was also one of the reasons he disliked civil matters, there are just too many ways to phrase the same thing.
It could fit into this or that category; the uncertainty is too high. Handling even a slightly complex civil case, the brain cells that would die are much more than in criminal cases.
Criminal cases are simple and straightforward, the defense strategy is particularly singular, either innocent, guilty with reduced sentence, plea bargaining, confession and merit, and so on, so much simpler.
He had initially planned to use this case as a guiding case for Old Zhou, but after the trip to Hanxi Province, he felt he might have oversimplified things.
So, it’s better to wait and see, if there’s time, giving it a try wouldn’t hurt.
On the other hand, Secretary Tian hesitated for a long time and finally made the call.
In the living room of a unit at Yuefu Residential Complex, Ma Shanliang was arguing with his wife again, this time more fiercely, and even Old Tang was brought into it.
“My friend already said, don’t call the police at the beginning, maybe we could have gotten the money back. Now that you’ve called the police, they would definitely give up, preferring to go to jail than give you the money!”
“All day long, Tang Fangjing, Tang Fangjing, now look, where is Tang Fangjing? Why isn’t he helping the family get the money?” Dong Yuhui pointed at Ma Shanliang across her and shouted.
Ma Shanliang felt hopeless and said, “Lawyer Tang is such a powerful lawyer, it’s already great that he could give us a suggestion for free. Why should he help us? You’re being a bit too much.”
Had he not spoken, Dong Yuhui across him would have been less angry, she screamed, “Now you are even speaking for outsiders? Why should he? Tang Fangjing always acts so righteous in the complex, what is he pretending for now!”
“He was away on a business trip earlier, handling that big case in Hanxi Province…”
“And now that he’s back, why hasn’t he even made a phone call? We’ve even left our number at the law firm before, and here you are still speaking for him. He doesn’t take you seriously at all, I must have been blind to marry such a useless man like you!”
Dong Yuhui kept ranting until Ma Shanliang finally looked up and said, “You think you married wrong, don’t you? Fine, let’s get a divorce.”
His tone was as casual as if he were talking about something trivial.
Dong Yuhui was stunned, immediately responded, “You’re feeling capable now, is that it? Divorce, then? Fine, whoever backs out is a loser!”
The two spouses went about their own business. After a while, Ma Shanliang’s phone rang. He looked at it and answered, “Hello Secretary Tian, Lawyer Tang has given another suggestion, has he? Oh, I have other matters here, let’s leave it at that for now.”
Hanging up the phone, Dong Yuhui leaned over and asked, “Secretary Tian called? Was it about Lawyer Tang’s advice? What did he suggest?”
“I didn’t ask, what’s the point? After all, we’re about to get divorced.” Ma Shanliang said indifferently.
“What are you up to, then…”
However, before Dong Yuhui could finish, Ma Shanliang immediately said, “I told you, we’re getting a divorce.”
After saying that, Ma Shanliang left, pushing open the door and leaving Dong Yuhui standing there stunned.
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…
Old Tang went home and had a good sleep, then leisurely went to the law firm in the afternoon.
He naturally didn’t know about the neighbor couple’s quarrel, and even if he did, it wouldn’t matter. Often you have to let go of the compulsion to help others, respecting other people’s fate.