Chapter 161 The Supreme Court Has Replied! _4
Other netizens felt like they finally understood. So, are you saying that the previous cases Lawyer Tang lost were possibly lost deliberately?
"I've read the previous judgment as well, and it seems to imply that Lawyer Tang has found the company that truly has an employment relationship with the courier, right? It looks like he even dragged that platform into it, seriously awesome!"
"+1, I'm a lawyer too, but I've never seen such a situation before. By the way, how did Lawyer Tang get the platform company involved? I really want to know the whole process of the case!"
"Anyway, Lawyer Tang is just awesome, and that's that. I was wondering how he could keep losing one after another. But what was his purpose in losing deliberately?"
The court session continued, and the netizens became even more puzzled; they really wished they could lock Tang Fangjing in a dark room and make him hurry up and release the video.
Everyone was eager to know exactly what was going on.
And soon, that very professional netizen made another comment.
"Now, the situation seems unfavorable for Lawyer Tang. I don't understand why he would make the other party bear the legal fees. In practice, it's basically impossible to get the other party to take responsibility for these costs..."
This comment sparked some concern among netizens, as anyone with even a bit of legal knowledge knows this—unless agreed upon, don't ever expect to make the other side pay for legal fees.
Meanwhile, at Dafeng Law Firm, Old Han was sitting at his desk, busily typing comments. Yes, he was the "mighty winds blowing and clouds soaring" guy online.
Having an alternate account, well, it's all for earning a living, no shame in that.
Disliking Tang Fangjing is one thing, but using Tang Fangjing's name to make money is another matter—who doesn't like money?
Your adventure continues at empire
During the court session, the legal affairs representative from San He Company had finished speaking, looking composed. If they lost even the lawyer's fees in an employment dispute, they might as well not bother practicing law anymore.
The surrounding big-shot lawyers kept silent, feeling that Tang Fangjing's lawsuit regarding the lawyer's fees was somewhat ridiculous, clearly something the court would not support.
Finally, Old Tang started to speak, just as usual without a prepared statement, directly saying, "The defense counsel claims that they should not bear the lawyer's fees, believing that these legal costs are not necessary for rights protection."
"All right, according to 'Several Opinions of the Supreme People's Court on Further Advancing the Diversified Distribution of Case Complexity and the Optimization of Judicial Resources Allocation,' Article 22:
"If a party evidently abuses litigation rights, delays in fulfilling litigation obligations, or other obviously inappropriate behaviors causing direct losses to the opposing party or third persons, the people's court may support the innocent party's reasonable request for reimbursement of necessary legal fees, depending on the case."
This provision is easy to understand; it was introduced to increase the crackdown on false litigations and malicious lawsuits and other non-creditable litigation activities.
In plain language, it means if you're going to fight a lawsuit, do it properly, don't mess with unnecessary stuff.
There are many procedural laws these days, and relying solely on the Civil Procedure Law to delay litigation provides plenty of legal methods, especially for the legal teams of big companies who are particularly adept in this area.
That's why the Supreme Court specifically issued this opinion in 2016. However, this opinion is very rarely applied in practice, to the point that many people don't even know of its existence.
The reason is simple: which entities would use various legal means to procrastinate on litigation, making it difficult for the other party to enforce their rights? It's pretty clear without saying it out loud.
So it's seldom used in practice, but that doesn't mean it's useless!
The legal team of San He Company and the high-priced lawyers hired by the platform company were stunned; was there such a provision?
However, one middle-aged lawyer among them suddenly remembered and said, "I think there is such a provision, but San He Company did not delay litigation at all..."
As he spoke, the color of the middle-aged lawyer's face changed abruptly, and he quickly picked up the copy of the complaint to read it over several times, then froze in place.
"What's the matter, Director Miao?" the adjacent lawyer asked promptly upon seeing this.
Wearing a bitter smile, the middle-aged lawyer said, "Do you remember when we discussed that the other side named both of our companies as defendants? It was obvious that there was no proper standing—we have nothing to do with the other side's legal fees, right."
"Yeah, what's the problem?" the other lawyer asked, baffled.
They had found it strange before—the platform company was involved as a third party in the arbitration, but in the litigation, it became a defendant.
At first, they thought Tang Fangjing had made a mistake, but after confirmation found that he had indeed named them as defendants.
At the time, several of them didn't understand, thinking perhaps Tang Fangjing had a screw loose...
"Haven't you realized yet? He's targeting us, hoping to make us share the burden of the fees with San He Company. Sigh, you'll understand soon enough..."
As a top lawyer from Xiping City, Director Miao had already seen through the ploy, but it was too late. This was a blatant strategy with no countermeasure, because that's exactly what they had done.
The only thing to do now was to see how the Dafeng District Court would handle it. One wrong move and this case might become a guiding case of the Supreme Court, in the real sense of "case law."
While Director Miao had come to a realization, the legal affairs representative from San He was at a total loss. It was already quite an achievement for a corporate legal worker to possess his skills; against the top lawyers, he was just a little bit short.