Grassroots lawyers also have spring

Chapter 737 Aspirations do not depend on age, but no aspirations can lead to a hundred years!
The profession of lawyers is a bit like western medicine. New laws and regulations are issued every year. If you live with your past achievements, you will soon be slapped in the face by reality.

Everyone talks about old Chinese medicine, but not old Western medicine, because everyone knows that old Chinese medicine is a national treasure, and it takes experience to learn, hear and ask.

In contrast, the technology and theories of western medicine are changing too fast, a bit like the current mobile phone system. Old western medicine can't represent anything, only real skills are reliable.

Therefore, in the highly practical legal industry, if you stay away from the front line for a long time and do not study a certain direction or a few directions in depth, it will be difficult to gain a foothold in the legal circle for a long time. Of course, it is no problem to make a living in the Taiping era of.

But the ancients said: Aspirations do not lie in old age, and those without ambitions can live a hundred years!

If a lawyer does not have his own ambition (professional direction), what kind of business he has and what business he does, and follows the market (a jack of all trades lawyer), he will definitely be exhausted in the end. Arriving, the body is still exhausted, and the old age is empty.

In fact, the vast majority of lawyers do not want to be jack-of-all-trades lawyers. This involves the chicken (professional skills) or the egg (case source), and they cannot give an accurate answer. Due to the pressure of life, due to limited resources, what kind of business do you have, and what kind of business you have, you gradually forget your original intention and go with the flow!

Seeing that Wang Chuan was silent, Yue Shan seemed to be thinking about something, so she stopped talking, and the two returned to the law firm quickly.After returning, Wang Chuan took out the case files, called Yue Shan, Du Wenhui, Zu Wen, Cheng Wu and others into the meeting room, and began to analyze the case.

It was not until the end of get off work at night that everyone came to a preliminary conclusion. This case can be done. Although there is no direct evidence, it is not so easy for the other party to prove his innocence, especially in the past year and a half. I paid a tax of 68 yuan, which is hard to explain.

Moreover, it is not easy to explain why there is a fixed parking space under the office building of the competitor of the old company, and why they often go in and out of the other company.

In addition to technical problems, Wang Chuan also wants to take this case from the bottom of his heart, because after this case is completed, the senior management of CM Company may recognize the professional ability of Yuanfang Law Firm more and establish a relationship of trust between the two parties. The real cooperation between Yuanfang Law Firm and CM Company will start from this case.

As for the quotation of this case, the liquidated damages of 200 million plus the non-competition compensation of 27, the target of the case is a total of 2207 million yuan.According to the normal charging standard, the legal fee for this case will be about 10 yuan.

However, considering that CM Company will soon become the consultant unit of Yuanfang Law Firm, Wang Chuan decided to give the client a 7% discount and charge [-] yuan in legal fees.

Early the next morning, Wang Chuan emailed the law firm's quotation to Sun Xing. In the afternoon, Sun Xing replied to the email, agreeing to the case quotation, and asked Wang Chuan to sign the agreement as soon as possible to prepare for the trial.

Originally, Wang Chuan wanted to bring Zu Wen to the court session, but because Zu Wen's trainee lawyer certificate would not be issued until next month, he asked Yue Shan to go to the court session with him, and also trained Yue Shan by the way.

In a blink of an eye, it was the day when the CM company's non-compete dispute case was held. At [-]:[-] in the morning, Wang Chuan and Yue Shan arrived at the Haidian Court.

When Wang Chuan and Yue Shan passed the security check and entered the No. 12 trial room of the court, they saw a man in his 40s sitting in the dock.His facial features are regular, and his face is deep and rigorous. It can be seen that he has a technical background.With his gray hair, he is more mature and stable than his peers.

Wang Chuan knew that this person was not a lawyer, but Li Pan himself, because he lacked the spirit of a lawyer.

Perhaps it was because the Labor Arbitration Commission rejected CM's application for labor arbitration. He felt that there was no need to pay a lawyer to represent his case, and he could just appear in court by himself.

"Plaintiff, state the claims, facts and reasons." A round-faced male judge rang the gavel.

"Procedures: 200. Request the court to order the defendant to pay 27 million yuan in non-compete damages; [-]. Order the defendant to return the [-] non-compete compensation paid by the plaintiff; [-]. The litigation costs of this case shall be borne by the defendant.

Facts and reasons: The defendant was originally the deputy general manager of the plaintiff's technology department, a core technical staff, and held the plaintiff's product design drawings and test data and other commercial secrets.The two parties have signed a non-compete agreement and a confidentiality agreement, and the non-compete period is two years.

On June [-], [-], the defendant applied to the plaintiff for resignation. With the plaintiff's approval, both parties went through the resignation procedures.

From July 5000, the plaintiff paid 27 yuan of non-competition compensation to the defendant on time every month until December [-].A total of [-] months were paid, with a total amount of [-] yuan.

In late December 68, the plaintiff discovered that the defendant often went in and out of WY Company, a company that competed with the plaintiff, and there was a fixed parking space in the parking lot under the office building of WY Company, and the vehicle parking fees were paid quarterly.In addition, we accidentally learned that the defendant's personal tax was as high as [-] in the one and a half years after leaving the company.

In view of the above, the plaintiff believes that the defendant has violated the non-competition, and in order to protect the plaintiff's legitimate rights and interests, he hereby files a lawsuit with your court, asking the court to support the plaintiff's claim according to law. "Wang Chuan said.

"The defendant pleads!" said the round-faced male judge.

"I do not agree with the plaintiff's claim. I have not violated the non-competition agreement. I am now working in a logistics company, not at WY, which competes with the plaintiff.

The plaintiff is slandering me, my social security and salary are paid by the logistics company. "Li Pan said. His expression was very calm.

"Defendant, have you finished your defense?" the round-faced male judge asked.

"It's over!" Li Pan said.

"The plaintiff's evidence!" The round-faced male judge looked at Wang Chuan and Yue Shan and said.

"The first piece of evidence, the labor contract signed by the plaintiff and the defendant, proves that the defendant's position is the deputy general manager of the technology department.

The second piece of evidence, the non-competition agreement and confidentiality agreement signed by both parties, proves that the defendant is the core technical personnel of the plaintiff and should perform the non-compete agreement and confidentiality agreement as agreed.

The third piece of evidence, bank transfer records, proves that the plaintiff pays the defendant 5000 yuan of non-competition compensation per month in accordance with the non-compete agreement.

The fourth piece of evidence, the parking space rent payment slip, proves that the defendant has long held a fixed parking space under the office building of the company with which the plaintiff has a competitive relationship.

The proof is over! "Wang Chuan said.

"The defendant cross-examines!" the round-faced male judge said.

"I agree with the first evidence labor contract, the second evidence non-compete agreement and non-disclosure agreement, and the payment of non-compete compensation for third-party evidence, and I have no objection to the above evidence.

The fourth piece of evidence is a photocopy, which I do not recognize. Li Pan picked up the plaintiff's evidence and said.

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(End of this chapter)