Tokyo Barrister: Start the law firm bankruptcy

Chapter 69 Crossfire (2)

The legal team of Kawamoto Expressway in the auditorium was originally worried because of Kitahara's counterattack against Onoda, but when they saw that Onoda was so beautiful, they organized an extremely beautiful counterattack in an instant. He showed a relaxed smile again, and whispered.

"As expected of a lawyer in the 1000-meter club."

"Of course, otherwise, how can we afford the lawyer's fees we paid?"

"Wait for the opponent to be completely defeated."

"It seems that today's lawsuit will have a result within 15 minutes."

Imanishi was also proudly admiring the performance of his protégé.Onoda's performance can be said to be full marks.Onoda's strategy of sniping this lawsuit with the defense of "the scope of civil case acceptance" can be said to be very popular.

At this time, in a corner of the auditorium that no one was paying attention to, a female reporter was sitting. She was holding a notebook with a focused expression, and she was constantly taking notes.This female reporter is Niwa.Although Niwa didn't study law, she already felt the extraordinary tension between the two sides.

Niwa's eyes fell on the young male lawyer in the plaintiff's seat.Ever since she saw the other party's plaintiff's lawyer, she had been faintly surprised. She never thought that the other party was such a young lawyer.

"Kitahara Yoshiichi." Niwa recited the name silently in his heart, and remembered the name in his heart.

Hearing Onoda's rebuttal, Beiyuan leaned on the edge of the defendant's table and put his hands back, walked to the secretary's desk in the middle, turned around, but had a more cunning smile on his face, but heard Beiyuan say:
"What Attorney Onoda said just now is that there is a contractual relationship between Terai and the expressway company, but the content of the contract for the paid use of the road is filled in by the national mandatory regulations, so the maintenance obligation is a civil liability of the contract. Has it become an administrative responsibility?"

"Yes," Onoda replied with a smile.

Onoda concluded that Kitahara could not hold on anymore.Now Beiyuan is relying on repeating the questions he raised to delay time.He had to take advantage of the victory to pursue, Onoda was about to continue speaking, but found that the other party was standing next to the secretary's desk, looking at him.

Beiyuan said: "That is to say, you think that there is a contractual relationship between Terai and Kawamoto Expressway, right?"

Onoda was about to answer "yes" when he suddenly felt something was wrong.No, I didn't mean that.I don't want to say that Terai and Kawamoto Expressway have a contractual relationship, so it doesn't mean that this is a civil case.What I mean is that the relationship between the rights and obligations of the two parties is directly regulated by the state, so it is not a civil relationship...

and many more……

Onoda suddenly realized something. There was a big flaw in his counterattack just now.I have just admitted to a certain extent that there is a certain legal relationship between Terai and the expressway.

No, Onoda seized the opportunity immediately, and was about to open his mouth to add to what he just said, but saw that Beiyuan had already spoken.

Bei Yuan said slowly: "Just now, the defendant's agent thought that the content of the rights and obligations of both parties was filled with national mandatory norms, so he believed that this relationship was an administrative relationship. It was too wrong."

"Chief referee, imagine that I sell a rice cooker to the other party. Of course, the design of my rice cooker must meet the national standards. According to the point of view of the defendant's attorney just now, the design of my rice cooker is bound by the national standards." A large number of national mandatory Sexual norms' are also filled in my rice cooker sales contract. May I ask, does my rice cooker sales contract become an administrative relationship?"

"Just now the defendant's agent also said that in the relationship between Terai and Kawamoto Expressway, there is no element of 'voluntariness'. Isn't there? The plaintiff Terai decides whether to enter the expressway, and the highway company decides whether to let him or her according to their management rules. Isn’t it the most important voluntary factor to allow the plaintiff to enter the expressway? The plaintiff pays for driving, and the Kawamoto Expressway company raises the road bar. This is an extremely obvious, mutual agreement, and a typical example of voluntary transactions.”

As if catching the opponent's weak point for a moment, Beiyuan opened fire quickly like an artillery unit, and the artillery smoke exploded on the opponent's position one after another.

Beads of sweat were already oozing from Onoda's forehead, he couldn't help but glanced at Judge Kumagai from the corner of his eye.Judge Kumagai's expression didn't change at all, and it wasn't clear whether he was moved by Kitahara's point of view.

Onoda immediately retorted: "The plaintiff's agent is obliterating the particularity of the expressway business itself. The right to charge expressways is granted by the state, with special permission, and will expire after the expiration of the period. It is different from the way of collecting fees in general civil and commercial activities. It's completely different. This kind of power to collect fees is granted by the state!"

Beiyuan was very interested, and said immediately after Onoda's voice fell, "Attention the defendant's attorney. Petroleum, gas, electricity, water, public transportation buses, subways, and even taxis, all these businesses and businesses are all involved. It needs a special license from the state and a license to operate. Isn’t the relationship between the gas company and the user not a civil relationship? Isn’t the relationship between the gas station and the car owner not a civil relationship?”

Beiyuan took a step forward, grinned and said, "Even take our law firm as an example. Without the qualifications of lawyers, we cannot accept clients' entrustment and charge fees. Is it because our practice needs to be licensed by the state, so we and our clients Does the relationship between them constitute an administrative relationship rather than a civil relationship?"

Onoda felt as if he was being held, and he was under the extremely intensive attack of the other party, and then he wiped the sweat from his forehead with his hand: "Just now, the plaintiff's agent has been maliciously confusing the special nature of the expressway business. Fees are strictly regulated by the state, and our fee range is fixed within a very narrow range, and parties who are not in ordinary civil relations can adjust the consideration at will, please pay attention to the court."

As soon as Onoda's voice fell again, Beiyuan immediately fired again: "Defendant's attorney. Even our lawyer industry and fee standards will be restricted by the Lawyers Association. In today's society, it is common for administrative agencies to regulate various prices and prices. The attorney for the defendant has been emphasizing the particularity of the so-called expressway industry. But the fact is that every industry has its own regulatory rules. According to the attorney for the defendant, doesn’t every industry have its particularity? What else do you need the Civil Code for?"

A series of pressing questions were fired at Onoda like cannonballs.Under such intensive attacks, Onoda's head, like a high-speed CPU, finally couldn't bear the huge load.

Onoda felt that his head had stopped, and he couldn't react. He opened his mouth, but couldn't say anything.

Oops... Oops.

Onoda, who originally fantasized about defeating Beiyuan magnificently in court, suddenly found himself being cornered by the lawyer in front of him.

Could it be that his trick will fail?
This is impossible! ! !

Onoda wanted to open his mouth to refute Beiyuan, but his mind was blank, but he couldn't organize any words.

"Plaintiff's lawyer", Judge Kumagai in the middle of the trial seat, suddenly made a sound and interrupted Beiyuan.However, judge Kong Wu of Xionggu looked at Beiyuan with powerful eyes, without showing any tendentious expression on his face, and said with a half-smile on his mouth: "Lawyer for the plaintiff, I already know your point of view, so I don't need to repeat it."

Seeing the judge suddenly interrupt Bei Yuan's speech, Onoda breathed a sigh of relief.Judging from this signal, the judge should still be on his side.

Bei Yuan turned to face the chief referee, nodded slightly, and walked back to the plaintiff's seat gracefully like a gentleman, as if what he was conducting just now was not a court debate, but a model catwalk.

Judge Kumagai glanced at the situation in the courtroom, cleared his throat, and his loud voice immediately echoed in the courtroom, "Just now, I have learned about the views of the attorneys of both parties on whether this case falls within the scope of civil acceptance. Next , adjourn the court for 5 minutes. The court will start in 5 minutes, and I will announce whether to dismiss the lawsuit."

"Crack!", a crisp knock of the gavel came from the judgment seat.

adjourn.

(End of this chapter)