Chapter 142: Attorney Zhang Still Cooperates Well
What is a standard contract? It is a contract prepared in advance by one party, and the other party can only choose to fully agree or disagree.
According to the provisions of the Civil Code, a standard contract has three characteristics: it's drafted in advance, it's used repeatedly, and it's non-negotiable.
What is the most common type of standard contract we encounter? It's those online contracts, like when you use a certain APP, you must agree to the terms before you can log in.
Those contracts are standard contracts.
Of course, the presence of such terms does not automatically render the entire contract invalid. In practice, courts won't rule that way; generally, they'll judge based on the specific provisions of the terms.
For example, in this guarantee contract, why Tang Fangjing dared to say that the contract is invalid is because its main term—the one using the house as a guarantee—clearly exacerbates Uncle Wang's responsibility and excludes the company's obligations.
If you merely look at it from a contractual angle, this is a contract flaw, which affects the validity of the term, but doesn't directly invalidate it.
After all, we always say, a contract is established based on the mutual consent of both parties.
However, standard contracts are different. Their intrinsic "take it or leave it" nature, with no possibility for negotiation, determines that the providing party of the contract is in a position of superiority!
Therefore, the previous Contract Law and the current Civil Code have made provisions more stringent for standard contracts than for ordinary contracts.
This was Old Tang's quick wit upon viewing the original contract; although it was a quick-thinking move, it wouldn't have come to mind without years of accumulation.
The courtroom fell silent, and Judgment Chief Old Zhou had an astonished look on his face, or rather, he hadn't expected that Tang Fangjing, after such a grand detour, would actually approach the matter from this angle!
On the claimant's side, Zhang Wei looked bewildered. His mind hadn't caught up yet. How could a discussion that was going well suddenly veer off to standard contracts?
As for the other attendees on the visitors' bench, those who didn't understand the law had dumbfounded expressions. They recognized every word Tang Fangjing said, but couldn't understand them when strung together.
And besides, wasn't the initial talk about using these contracts to prove that there hadn't been any modifications to the original contract? How come now all the contracts suddenly have to be submitted to the court as evidence?
This feeling is like being in a calculus class where the teacher says, "Look, because of this step, you can get to the next step." You recognize the words, but just can't understand how the step transitions.
However, the lawyers in the audience slowly began to understand; such a stack of contracts, all with the same terms, and the providing party being that very company—it does indeed seem to meet the characteristics of a standard contract!
Once they grasped this point, even the lawyers who usually looked down on Old Tang couldn't help but slam the table in admiration!
This feeling had nothing to do with anything else, it was purely the exclamation from seeing a classic lawyer's move—just like in basketball, when you see a spectacular play, you invariably slap your thigh.
At Dafeng Law Firm, Old Han couldn't help but shout while watching Tang Fangjing's live courtroom proceedings: "Good! What a standard contract!"
The maneuver was as mysteriously beautiful as antelope horns, compelling people to shout praise, especially for a lawyer like Old Han.
He could denigrate Tang Fangjing for the sake of interests, but he couldn't denigrate these maneuvers; such operations could almost be said to be the epitome of what lawyers can achieve!
The lawyer beside him spoke up, "Director Han, are you cheering for Tang Fangjing now? If he wins, you will have to..."
The words "lose face" were not said, but the lawyer knew that Director Han would understand his meaning.
Because it was Director Han who led the charge in attacking the opposition online, saying that this case had absolutely no chance of winning, and now the opposition seemed poised to win.
Director Han was inevitably going to be ridiculed, and his reputation would plummet, so the lawyer couldn't understand why Director Han would still cheer on the opponent.
Old Han frowned and looked at the young lawyer after hearing this; the other's family background, education, and eloquence were all quite good—a superb legal talent.
With a little training, he could absolutely become a top-notch lawyer. Originally, Old Han liked him and was thought of nurturing him well.
But now, after hearing those words, Old Han suddenly lost the mood.
"Wang Dengfeng, prepare yourself. Go and practice independently; I don't need you here for the time being," Old Han said.
The young lawyer Wang Dengfeng was taken aback and quickly asked, "Director Han, are you not letting me be an assistant anymore?"
Being Old Han's assistant was coveted by other lawyers—if he so much as leaked a little resource, an assistant would thrive.
Not to mention, those who stayed by his side could be personally taught by him and introduced to his network of connections...
Therefore, Wang Dengfeng was particularly careful all the time, cautiously hoping to have his assistantship last longer.
But now, all of a sudden, he was told he couldn't be an assistant anymore!
Old Han's answer was unequivocal: "Yes, I'm looking to find a new assistant."
Wang Dengfeng became anxious, "But Director, what's the problem? Why can't I continue as an assistant?"
"Was it that remark just now? But, but Tang Fangjing is your adversary! What's wrong with saying that?"
Hearing this, Old Han stood up and stared straight at Wang Dengfeng, "Because you don't respect the legal profession!"