My Wife is a Counsel

Chapter 68: Economic disputes

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It is really comfortable to sleep in the soft moon-shaped bed.

But no matter if there was anything to do or not, they had to get up early in the morning and report to the Jinshun Hotel where the "prosecution team" was located.

It was good to listen to these prosecutors discussing the various entry points for their tactics. In addition, there is good news. The lucky boy who is being treated in the hospital is getting better and better, and it may be possible to obtain a complete testimony. As for whether he can testify in court, that is another matter. The prosecution, of course, hopes to obtain the court's recognition that the confession is valid without the boy having to testify in court.

At noon, after treating his follower Wang Xiaohu to a delicious meal, Lu Ming returned to Room 408 of the Wendebao Club for a nap. Unexpectedly, an unexpected visitor came. It was Wei Baozeng, the executive director of Baoyin Bank, who was accompanied by Councillor Meng Dezhuo. However, after Meng Dezhuo introduced the two to each other, he made an excuse to leave.

Wei Baozeng, who is in his early fifties, looks extremely calm and steady. According to Meng Dezhu, Wei Baozeng is the whip of the Grand Public Party's Beiguan branch and one of the 11 members of the Qing faction.

The Grand Duke Party is completely different from a small political party like Meng Dezhu. Even its small branch in Beiguan is well-equipped and has a strict hierarchy.

There is the party leader, Qing Lao, and there is also the party minister, who is the second-in-command, and the party whip Wei Baozeng, who is the third-in-command. Under them, there are three permanent committees that are also in place during non-election periods, namely the Urban Policy Forum Committee, the Rural Policy Forum Committee and the Political Donations Management Committee. Of course, these three committees together have only a dozen permanent staff members.

Party ministers do not usually run for parliament, but are important figures in the day-to-day management of the entire party.

Party whip Wei Baozeng, as the name suggests, is responsible for managing party discipline. In addition, he also carries out tasks assigned by the party leader, etc.

Now that the number three figure came to visit in person, Lu Ming was secretly a little surprised, but he didn't show it on his face.

Although Wei Baozeng is over fifty years old, his muscles seem to be more developed than his own. It is obvious that he exercises regularly and his temperament is extremely stable. However, his haggard appearance and gray hair are somewhat inconsistent with his temperament.

"Lawyer Lu, this is the promise of our Beiguan Party Branch if you are willing to join the Grand Gong Party!" Wei Baozeng took out a piece of paper and placed it in front of Lu Ming. He was actually very puzzled. He didn't know why Elder Qing valued this young man so much. The conditions he proposed were simply fantastic. However, Elder Qing was a god-like existence in the Beiguan branch. Even if he and others disagreed, in the end, he still had to implement the decision made by the party leader.

Lu Ming picked up the paper and looked at it, and was also slightly stunned.

The Beiguan branch of the Grand Kung Pao Party made the following commitment to me: I would serve as the deputy chairman of the Rural Policy Committee, and the Beiguan Grand Kung Pao Party would fully support me in the election for the councillor of the Beiguan 49th constituency at the end of this year.

"Lawyer Lu, have you read it?" Wei Baozeng stretched out his hand, and Lu Ming understood and handed over the paper.

Wei Baozeng took a match, lit the paper, threw it into the ashtray, waited until the whole piece of paper turned into ashes, and poured some water on it.

"Lawyer Lu, our party has another condition. The premise of these promises is that the prosecution wins the lawsuit against the Japanese, or the lawsuit is not concluded before the end of the year."

Lu Ming smiled. This condition couldn't even be written on paper and could only be stated verbally.

It is conceivable that the actions of this lawsuit itself will become the focus of the Grand Ecumenical Party's propaganda.

It’s easy to talk about if you win the lawsuit, and it’s okay if it’s not over yet, you can still find your own publicity points, but if you lose, then the loser has nothing to promote.

Therefore, if I lose the lawsuit before the end of the year, all the current promises of the Grand Duchy will be treated as if they never happened.

Even before I entered the political circle, I could already feel its hypocrisy and filthiness.

"Mr. Qing, I really hope that our Grand Ecumenical Party will have its first local councillor under the age of 20. Of course, this also requires your efforts."

Lu Ming smiled and asked, "Where is the 49th District?"

Wei Baozeng took out a map from his briefcase and spread it on the coffee table.

This is the distribution map of Beiguan councillor constituencies. There are 57 constituencies in total. Each constituency will produce a councillor when the term changes.

Most of the constituencies, in the Beiguan urban area, have only become rural constituencies since the 1940s.

The map is colorful, and it seems that the territories of the Grand Ducal Party and the Alliance members are all painted red. There are eleven constituencies painted red.

The 49th constituency is very remote, near the bay. It is painted green with a name on it, Wang Zili, and "Justice Party" marked in brackets. Looking at the green area, there seem to be six or seven villages. There is a number "5672", which should be the population of this constituency. The 81% marked at the end probably means the support rate of Councillor Wang or the vote rate he got in the last election.

Lu Ming's eyes focused and he realized that these villages were the fishing towns in Wolong Bay, very close to the land he bought from Wen Liangyu.

Qing Laozi knew very well that his company had entered Wolong Bay.

"If Lawyer Lu is interested in joining our Grand Gong Party, I have detailed information about Councillor Wang Zili here." Wei Baozeng patted the briefcase at his feet.

Lu Ming smiled. Mr. Qing was indeed a good planner. The support rate of the member of the opposing party was 81 points. In other words, this constituency was the iron-clad constituency of that party. If the word green was used to describe that party, then this constituency was definitely the darkest green among the dark green.

This also shows that Councillor Wang Zili is extremely popular in this constituency.

If you try to run for election and tap into other people's base, then you will be surprised if you win and calm if you lose.

As for the fact that I am not from this constituency, it doesn’t matter.

In the federal parliament, members of parliament must have lived in the state or province they represent for a full year to be eligible to run for election.

The East Coast Metropolitan District Council also has residence requirements for its constituency councillors.

However, there is no such requirement for the division of small constituencies for town councilors. As long as the voters in the constituency approve it, anyone from Beiguan can run for election in any constituency.

However, especially in rural constituencies, if you are not from that area and do not have the support of your clan, it is basically a fantasy to want to run for senator.

Looking at the constituency map, the largest village and central village in the 49th constituency can be said to be a fishing town, called Wangdian. It is conceivable that Councillor Wang Zili is naturally a native of that place.

Lu Ming hesitated for a moment and held out his hand, "I want to see the information of Councillor Wang Zili."

Wei Baozeng stared at Lu Ming for a few seconds, without saying much, took out a folder from his briefcase and handed it to Lu Ming.

He extended his hand again, "Lawyer Lu, welcome to join the Grand Public Party family. You can take your time to read this information. Don't let it affect your lawsuit. You are still a long way from the election. When you are free in a few days, I will introduce you to my colleagues in the party. Please fill out this form! I will take it away now." He took out a form from his briefcase, which was naturally an application to join the party. He also took out a pen and an ink pad, a red ink pad, which was naturally used for fingerprints.

Lu Ming nodded and glanced at Wei Baozeng. "Mr. Wei, don't worry, I'll ask you for advice on opening an account later."

Wei Baozeng was startled when he heard this, and smiled bitterly: "Mr. Qing did say that you might come to me to open an account, but wait, there are some problems in the bank recently."

"Oh, why?" Lu Ming was slightly stunned.

Wei Baozeng hesitated for a moment and sighed, "Okay, Lawyer Lu, this is what happened..." After thinking for a while, he took out a pile of documents from his briefcase and said, "I'm about to go to the Reed Law Firm in the East District. This matter is quite troublesome. Can you take a look?"

Reed Law Firm is well-known in the Donghai region. With a team mainly composed of Western lawyers, it is one of the top law firms in the Donghai region.

If people from Beiguan want to hire the Reed Law Firm to sue someone, then the trouble will definitely be huge.

Lu Ming took the pile of documents and looked through them slowly. The more he looked, the more surprised he became.

Unexpectedly, Baoyin Bank was on the verge of bankruptcy, involved in a very troublesome lawsuit, and even suffered a bank run. Its situation was extremely precarious.

No wonder Wei Baozeng, who used to be a handsome middle-aged man, looks so haggard now.

Baoyin Bank is a local private bank in Donghai. It is a centuries-old brand that developed from the earliest Wei Family Silver Bank.

Although the Wei family has an extremely conservative management style and has never opened branches outside Donghai, it has not kept up with the pace of capital development. Today, it seems to be insignificant in front of those financial giants, but in the eyes of local people in Beiguan and even Donghai, it has always had an excellent reputation. It is the most trusted bank by the local older generation. There was a local proverb that said, "The greedy put money into the crocodile's mouth, and the kind people give their wallets to the Wei family for safekeeping."

This may also be the publicity strategy of Wei Ji Silver Bank in its early years, describing those banks that attract deposits with high interest rates as crocodiles that will eventually devour the money of the "greedy". Many of the banks that used high interest rates to attract savings did go bankrupt during the financial crisis thirty years ago. Although the interest rate of Wei Jia Silver Bank or Baoyin Bank was not high, it safely passed through one crisis after another and had an excellent reputation.

But now, this publicity strategy is obviously outdated. It is obvious that we have entered a period of great development of capital. Baoyin Bank has been complacent and has been struggling to make progress. What's more, it has been involved in a very troublesome legal dispute.

It was Wei Baozeng's father, Chairman Wei. An old friend of his wanted to acquire a film and television company, which had an account opened at Baoyin Bank. So the friend asked Chairman Wei for help and wanted to see the cash flow and account transactions of the film and television company. Chairman Wei was unsympathetic and asked the bank staff to check for the friend.

However, this bank clerk was very smart and took the initiative to find the person in charge of the film and television company. The two parties colluded and forged a lot of transactions.

Chairman Wei's old friend bought the company at a high price and suffered heavy losses, while the head of the film and television company absconded with the money.

In anger, Chairman Wei's old friend took Baoyin Bank, Chairman Wei and the employee to court.

Then, perhaps it was Baoyin Bank's competitors who began to spread rumors, which caused a bank run.

Baoyin Bank's cash reserves could not meet the sudden large-scale withdrawal demand from depositors. The loans it had extended were subject to contractual constraints and could not be recovered for the time being. Even companies whose loans were about to expire were delaying repayment under various pretexts.

The court then temporarily froze all accounts and properties of Baoyin Bank.

The lawsuit has been going on for several months.

Lu Ming shook his head. It seemed that the people around Qing Lao basically only reported good news to him and not bad news. If he wanted to investigate himself, he could find out everything clearly, but no one would take the initiative to tell him about the unexpected changes he had not expected, so as to avoid him from adding to his worries.

Therefore, he also suggested that he deposit his money into Baoyin.

Hmm? Turning to the end, two pages of paper fell on the table. Lu Ming looked at them and saw that one of them was a check for 10,000 yuan, and the payee's account was Reed Law Firm.

The paper at the bottom was actually an agreement. Lu Ming picked it up and looked at it. Wei Baozeng originally stretched out his hand to take it back, but after thinking about it, he sighed and did not stop him.

This agreement is an agency agreement signed between Reed Law Firm and Wei Baozeng's father, Chairman Wei.

It clearly states that the total legal fees for these three months is 36,700 yuan, and the remaining balance of 10,000 yuan needs to be paid by Baoyin Bank before the following agreement will take effect.

In view of the predicament of Baoyin Bank, Reed Law Firm, in line with the principle of client first, will no longer charge additional legal fees from now on. However, at the end of the lawsuit, if the court rules in favor of the bank, 20% of the shares of Baoyin Bank will belong to Reed Law Firm and be used to offset the legal fees. If the court rules in favor of the bank, Baoyin Bank will need to pay 160,000 yuan in legal fees. If it cannot pay, the fees will become a debt to Reed Law Firm.

In other words, if they win the lawsuit, Reed & Deeds will become a shareholder of Baoyin Bank with a 20% stake. If they lose the lawsuit, judging from the current situation, Baoyin Bank will definitely go bankrupt, and Reed & Deeds will become one of the creditors of Baoyin Bank.

Both copies of the agreement have the signature and seal of Chairman Wei. The space for Reed & Young Law Firm as Party A is left blank. This should be what Wei Baozeng was going to take to Reed & Young Law Firm. Once the other party signs, the agreement will officially take effect.

Lu Ming shook his head. It seemed that the Wei family had run out of options and would agree to such an agreement.

Reed Law Firm is even more of a vampire. They will take advantage of your weakness to kill you, and their legal fees are astronomical.

It's already ridiculous to charge over 30,000 yuan in the beginning, but 160,000 yuan in the end? It's a joke.

Of course, the 160,000 yuan in legal fees was also something the Wei family thought about. If they lost the lawsuit, the bank would be gone anyway, and how the creditors divided up the bank's assets would have nothing to do with them. He asked for a huge sum, so it was up to him.

If the lawsuit is won, 20% of the bank's shares will be transferred to Reed Law Firm. This condition is extremely harsh, but Chairman Wei and his successor Wei Baozeng are extremely pessimistic about the lawsuit. If they can win, this painful price will be worth it.

"Lawyer Lu, don't laugh at me..." Wei Baozeng sighed deeply, "The lawyers at Reed said that the chances of winning this lawsuit are slim, but if we really win, with Reed as one of the major shareholders, it might be a good thing for Baoyin. We need to change! Otherwise, we will be eliminated by the times sooner or later!"

"I once wanted to change, but the resistance was great. I was thinking yesterday that if I could win the lawsuit by chance, even if I lost 20% of the shares, it would definitely be a good thing for Baoyin. My uncles, cousins, and grandfathers would no longer have the power to tell me what to do, right? As long as Redken supports me..."

As he spoke, Wei Baozeng smiled sadly, then shook his head: "Lawyer Lu, do you think this lawsuit is doomed to fail?"

"Oh, forget it, I should go too!" Seeing Lu Ming didn't say anything, Wei Baozeng stood up. He also felt that he had spoken too much to this young lawyer, but when he saw the young lawyer reading the agreement, the depression in his chest became a little out of control. Perhaps, he had no concerns about talking to this relatively unfamiliar young man, but to the people around him, he couldn't say these words.

Lu Ming pondered for a moment, and suddenly said, "Brother Wei, let me fight this lawsuit for you. I think I have at least a 50% chance of winning."

Wei Baozeng was stunned and looked at Lu Ming in surprise.

Lu Ming pondered and said, "In this case, the other party must be citing the precedent principle of 'moth in the beverage bottle', right? They believe that Baoyin Bank, or in other words, your father and the plaintiff have formed a legal relationship and caused losses to the plaintiff, right?"

Wei Baozeng was about to refuse. Although he heard that this young lawyer was very capable, no matter how capable he was, he was only nineteen years old. How many twists and turns could he have in his mind

Qing Lao wants to promote him. From a political perspective, he does have a lot of hype to promote, especially the case of the Japanese. He made great efforts and can promote it in an exaggerated way. How many issues can voters understand? As long as the propaganda angle is appropriate, they are just a group of fools who follow the crowd. Being young and using strategies well is an advantage, which is a halo that confuses voters.

Especially since he will be thrown into a constituency that the Green Party has dominated for decades and face the desperate situation of being surrounded by enemies. Whether he wins or loses, it will not be bad for the party.

But from the perspective of legal business, what is the place of Reed & Co.? Any lawyer you pick out should be much better than this young lawyer.

But now, hearing Lu Ming's words, Wei Baozeng was stunned. The words of rejection came to his lips, but he swallowed them back.

He didn't know much about the law originally, but after listening to various discussions over the past few months, he became familiar with some of the legal knowledge related to this case.

I even know that the "moth in the beverage bottle" case law principle is a very important legal principle in economic disputes and has been around for more than 50 years.

It started with a customer who found a moth in the canned drink his friend had bought him at a coffee shop, so he took the shop to court.

The store owner felt very innocent because the tin can was very tight and he couldn't see what was inside. He didn't know there were moths inside, so he took the manufacturer to court again.

At the same time, both the manufacturer and the merchant believed that the beverage was not purchased by the customer, so there was no contractual legal relationship between them.

Finally, the court ruled that the manufacturer and the customer had formed a legal relationship and ordered the manufacturer to directly compensate the customer for his losses.

This has led to an increasing number of beverages being bottled in transparent glass bottles today.

At the same time, this case also formed an important principle, that is, the legal "neighbor" principle, which does not necessarily require a contractual guarantee to form a legal relationship.

In this case, my father was in such a situation. Although he was helping a friend, the plaintiff believed that the plaintiff and his father had formed a legal relationship in consulting business.

In this case, the losses caused should be borne by his father.

The court generally agreed with this.

"Yes, that's what the plaintiff's lawyer said!" Wei Baozeng smiled bitterly.

Lu Ming nodded: "The neighbor principle is correct in an intrinsic sense, but in reality, it needs to be improved. We need to add a few more test criteria to reflect the facts more objectively. I feel that I have a chance to convince the judge."

This case was a relatively complicated economic dispute, and lawyers on both sides did not apply for a jury trial. They both felt that from a legal perspective, it would be too difficult to convince the jury with boring terms, and the jury's reaction would be difficult to control.

So the judge makes the decision.

Even in economic cases, if one party requests a jury trial and the other party objects, it will be useless.

Listening to Lu Ming's words, Wei Baozeng vaguely felt that this young lawyer seemed to have some different ideas about this case.

However, for safety reasons, we cannot just hand the case over to him like that. That would be sheer nonsense.

I wanted to decline politely, and was considering my words, when I suddenly remembered something and asked curiously, "Lawyer Lu, don't you have a case on your hands right now? Can you handle it?"

Lu Ming nodded: "I still have two lawyers in my law firm. Most of the time, they can appear in court. I'll take half a day off. One class is enough. If one class cannot convince the judge, I think more time will be useless." He asked again: "Who is the presiding judge?"

Wei Baozeng was speechless. You took half a day out of your busy schedule to spend time with me on this matter of life and death? He shook his head and said casually, "It's the chief judge of Beiguan Court, Judge Christine."

Lu Ming said "Oh", "So he is Li Guan's apprentice." This case is probably too sensitive, involving the interests of too many depositors and even more related to the financial stability of Beiguan, so the chief has to take action personally.

Wei Baozeng's eyes lit up, and he suddenly remembered that the young lawyer in front of him had an unusual relationship with Li Guan.

After hesitating for a while, Wei Baozeng said, "Lawyer Lu, if, I mean if, I hand this case over to you, what kind of compensation do you hope to get?"

Lu Ming thought for a moment, "If we win, I only want 1% of Baoyin Bank's shares, and I'll buy it at a price."

Wei Baozeng was stunned.

Lu Ming added: "If I lose, I won't charge you any lawyer fees, and I will compensate you 50,000 yuan."

As he spoke, he smiled and said, "Recently, I've been thinking about entering the financial industry. If Brother Wei is willing to sell me a little bit of his shares, even just 1%, I would be very grateful if I could learn from him."

Wei Baozeng was speechless for a moment. How could a lawsuit be a bet? If the lawsuit is lost, the lawyer will have to pay the money? What does this have to do with anything

But Lu Ming's subsequent words were very sincere.

Wei Baozeng thought for a moment and said, "Lawyer Lu, I need to discuss this with my father!" He decided to find an excuse to decline the offer tactfully tomorrow.

But today, I can't go to Reed Law Firm to sign a contract with them. The lawyer circle is very small, and it would not be good if Lawyer Lu found out.

Lu Ming nodded: "Of course, I will fill in the party membership form right away. In addition, I will write something for you, which is my opinion on the banking industry."

Wei Baozeng didn't understand, but nodded slightly. This young lawyer was a little neurotic and he had no idea what he was thinking.

Mr. Qing, did you really misjudge the person

It turns out that everyone will grow old one day.

Wei Baozeng sighed softly in his heart.