Lawyer essays, telling the story behind the case, recording the bits and pieces of the lawyer's career...
Near noon, a client called, and the other end of the phone was a little excited: "Where are you, Lawyer Wen?" Our lawsuit against the city government was won, I just received the verdict, I send you a copy of the past. ”
When we met, he still couldn't hide his excitement and said: "I really didn't think that the court would really rule that I won, and the government also assigned lawyers to provide me with free legal aid." ”
I told him that this is only a first instance trial, according to the law, if the parties (including the defendant's government) are not satisfied, they can also file an appeal and enter the second instance, although in this case we have raised "hard injuries" that the other party may not be able to remedy, but in theory, as long as the judgment has not yet taken effect, there is uncertainty about the outcome, so it is too early to say that this lawsuit has been won.
However, I also told him that in china's law and judicial trial practice, it is very normal for the "people" to sue "officials" and win, which also shows that the rule of law in our country is constantly improving. Just as there is no one in the world who is perfect, no one can always be right. As a staff member of an administrative organ, in the process of performing administrative duties, there may also be deviations. Some of these deviations may be due to the lack of evidence or defects of the parties, resulting in the inaccurate determination of facts, some may have different understandings of laws and regulations, and some may not strictly comply with legal procedures.
Therefore, administrative acts made by administrative organs are not necessarily correct, and sometimes there may be errors or even individual violations of the law, which are inevitable in ancient and modern China and abroad. What is important is that when an administrative act is wrong or even illegal, the parties or ordinary people who are the administrative counterpart can have a smooth remedy channel and an effective error correction mechanism at the level of system design, which is also a concrete embodiment of governing the country according to law.
Finally, summarize the case and leave a record:
1. The origin of this case is that during the working hours of the day a few months ago, the office staff of the law firm received a call from the Municipal Legal Aid Center, hoping that our law firm would undertake the legal aid of this case, and especially emphasized that this case may be a bit complicated, and hoped that the firm could pay enough attention to assign senior lawyers to participate. At that time, I was on duty in the office, and the staff reported that they had requested the Legal Aid Center, and after communicating with the other partners, decided to let me complete the legal aid task.
2, many people as soon as they file an administrative lawsuit, they feel afraid or hope for winning the lawsuit when they hear that it is the "people suing the official", in fact, in these years of lawyer practice, it is obviously felt that with the continuous advancement of the administration of the country according to law, the "people suing the official" is not as complicated as many people think, if the administrative act is indeed wrong, the court will rule that the government will lose the lawsuit, and it is not uncommon for the people to win the official. As mentioned earlier, on the one hand, this shows that the people's relief channels are smooth, and on the other hand, it also shows that the error correction mechanism of our country is operating normally, reflecting the progress of the country's rule of law.
3. If the parties are really unable to hire a lawyer due to economic difficulties, they can apply for legal aid from the local legal aid center, and after review, the legal aid center will assign a lawyer to provide free assistance to those who meet the conditions for assistance. However, although social lawyers will have a certain number of legal aid tasks every year, and sometimes accept assignments to provide legal aid to eligible clients and practice the social responsibility of lawyers, lawyers also need to live, so not every case will be free of charge.
4. In real life, some people have misunderstood legal aid lawyers, worried that legal aid lawyers do not charge client fees, "work will certainly not be hard!" In fact, this concern is a bit superfluous, for the vast majority of lawyers, the case they represent is handled fairly and impartially, which should be the result of the lawyer's efforts. On this point, we have always stressed to the young lawyers of the law firm that no matter how big or small the case is, no matter how much the fee is, as long as it is entrusted or assigned, we must go all out, and "being entrusted by others and being loyal to others" is the foundation of lawyers' long-term practice.
2021.10.18 Essay
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