Consumer protection. Confrontation with the judge. Repeal of a court decision in a court of second instance
Introduction
The publication is to some extent about the ability to calculate the psychology of your opponent and respond adequately to it.
My old client, V., turned to me and told such a story. In one company, she and her husband ordered a glass apron for the kitchen, for installing it on a wall near the stove. Workers arrived, took measurements. Then, using these measurements, the apron itself was made.
They brought it, installed it, took a signature in the act of acceptance of work, stating that everything was fine, and left. But only the hole for the outlet in the glass was shifted by some millimeters. And the company employees themselves refused to install a socket in this hole.
The next day, a crack went from the outlet on the glass. Customers - claims to the company, they were refused in such a style that you yourself tried to put the socket (you did not call an electrician), and the glass cracked. Three weeks later, all the glass was covered with a network of cracks ...
They paid seven thousand rubles for a glass apron. I was invited to participate in this matter. I replied that my services would come out much more expensive than this glass, and that the whole amount, even with a positive court decision for them, would still not be fully recovered from the defendant. Would it not be easier for them to spit on this matter and order a new apron for themselves elsewhere.
I recommended that they receive, with regard to the quality of the manufacture of the apron, an expert opinion. There will be a need, I will make a statement of claim, and sue without me.
A few months later we met again. V. received an expert opinion confirming that the hole for the outlet in the glass was indeed shifted. I found on the Internet a young lawyer who made a statement of claim, and already represents V.'s interests in this case in court.
V. complained that the trial was very difficult for her. The female judge behaves rudely, constantly raises her voice, asks tricky questions, expresses sarcastic comments. The judge was completely muzzled by her legal representative, and V. feels absolutely insecure with him in the trial. Again she asked me to get involved.
It became interesting for me to see what kind of beast this was, which V. painted so colorful and awful. Still, inadequate judges are not so often found on our professional path and, I think, do not neglect the opportunity to test your skills on them.
Entered into business. V. refused the services of the previous representative. The statement of claim was supplemented by correcting some things. So the acquaintance with the justice of the peace began again with a conversation.
My old client, V., turned to me and told such a story. In one company, she and her husband ordered a glass apron for the kitchen, for installing it on a wall near the stove. Workers arrived, took measurements. Then, using these measurements, the apron itself was made.
They brought it, installed it, took a signature in the act of acceptance of work, stating that everything was fine, and left. But only the hole for the outlet in the glass was shifted by some millimeters. And the company employees themselves refused to install a socket in this hole.
The next day, a crack went from the outlet on the glass. Customers - claims to the company, they were refused in such a style that you yourself tried to put the socket (you did not call an electrician), and the glass cracked. Three weeks later, all the glass was covered with a network of cracks ...
They paid seven thousand rubles for a glass apron. I was invited to participate in this matter. I replied that my services would come out much more expensive than this glass, and that the whole amount, even with a positive court decision for them, would still not be fully recovered from the defendant. Would it not be easier for them to spit on this matter and order a new apron for themselves elsewhere.
I recommended that they receive, with regard to the quality of the manufacture of the apron, an expert opinion. There will be a need, I will make a statement of claim, and sue without me.
A few months later we met again. V. received an expert opinion confirming that the hole for the outlet in the glass was indeed shifted. I found on the Internet a young lawyer who made a statement of claim, and already represents V.'s interests in this case in court.
V. complained that the trial was very difficult for her. The female judge behaves rudely, constantly raises her voice, asks tricky questions, expresses sarcastic comments. The judge was completely muzzled by her legal representative, and V. feels absolutely insecure with him in the trial. Again she asked me to get involved.
It became interesting for me to see what kind of beast this was, which V. painted so colorful and awful. Still, inadequate judges are not so often found on our professional path and, I think, do not neglect the opportunity to test your skills on them.
Entered into business. V. refused the services of the previous representative. The statement of claim was supplemented by correcting some things. So the acquaintance with the justice of the peace began again with a conversation.
Conversation
We are sitting with V. in the courtroom, exchanging opinions slowly. The judge once made a remark to us, so that we shut up, two. I then began to cover the mouth area with a folder so that the judge could not see whether I was saying or not. Just think, conversation, not a court hearing. And the judge invites the bailiff to this, sits him next to me, wanting to put me under vigilant control. Okay.
Then he raises my client and demands that V. explain to her the meaning of the articles to which I referred in our additional statement of claim. V., of course, cannot explain this, and the judge presses her and screams displeased. I say: “Let me explain this if you are so interested!” And the judge replies: “No. I want the plaintiff to personally explain. ” Moreover, he expresses some negative comments, clings to words. In short, an energy vampire on his hunting ground.
Tormented V. from the heart. Then the turn came to me. She started talking to me in a hysterically annoyed manner. I try, of course, not to spoil relations with the judges and not to engage in verbal bickering with them, but here I could only offer the judge a brazen and cheeky style of communication. It seems that I do not insult the court, you will not quarrel, but at the same time there is a slight neglect.
I began to answer her questions with counter questions. (And why should I lose. Over seven thousand we are suing.) The judge began to get lost. Then she apparently realized that I
would not let her turn around . And all her irritation disappeared at once somewhere. And I realized that she would refuse us the lawsuit. It was only interesting under what sauce. Moreover, the judge reacted smoothly and calmly to the side of the defendant.
Then he raises my client and demands that V. explain to her the meaning of the articles to which I referred in our additional statement of claim. V., of course, cannot explain this, and the judge presses her and screams displeased. I say: “Let me explain this if you are so interested!” And the judge replies: “No. I want the plaintiff to personally explain. ” Moreover, he expresses some negative comments, clings to words. In short, an energy vampire on his hunting ground.
Tormented V. from the heart. Then the turn came to me. She started talking to me in a hysterically annoyed manner. I try, of course, not to spoil relations with the judges and not to engage in verbal bickering with them, but here I could only offer the judge a brazen and cheeky style of communication. It seems that I do not insult the court, you will not quarrel, but at the same time there is a slight neglect.
I began to answer her questions with counter questions. (And why should I lose. Over seven thousand we are suing.) The judge began to get lost. Then she apparently realized that I
would not let her turn around . And all her irritation disappeared at once somewhere. And I realized that she would refuse us the lawsuit. It was only interesting under what sauce. Moreover, the judge reacted smoothly and calmly to the side of the defendant.
Court
I did not take the client at the hearing (out of sin). If the judge wants to, let him run into me, and I will hone my techniques on her. But at the hearing, the judge was changed. People seem to be the same, but her behavior has changed radically. He speaks normally, asks questions essentially. A completely different person. Only subtle slips her location to the opposite side and disinclined to us. So, I already tuned in the appeal and worked for it.
Intuition did not fail me - we were denied the lawsuit. The motive for refusal is V. is not a proper plaintiff. I thought the judge would come up with something more interesting.
Having iron motives to break the court decision, I studied the protocol of the court session under a microscope. And to my great pleasure I found flaws in the design of the protocol.
In her decision, the judge referred to the act of completion, signed not by V. herself, but by her husband. From this she concluded that the proper plaintiff should not be V., but her husband. However, the document did not appear in the protocol among the announced. Of course, they announced it, but since it is not reflected in the protocol, it means they did not disclose it and have no right to refer to it.
It’s tactically stupid to make references in a complaint of flaws in the minutes of a court session — they can always be fixed. Therefore, I planned to voice these circumstances directly in the court of appeal.
Intuition did not fail me - we were denied the lawsuit. The motive for refusal is V. is not a proper plaintiff. I thought the judge would come up with something more interesting.
Having iron motives to break the court decision, I studied the protocol of the court session under a microscope. And to my great pleasure I found flaws in the design of the protocol.
In her decision, the judge referred to the act of completion, signed not by V. herself, but by her husband. From this she concluded that the proper plaintiff should not be V., but her husband. However, the document did not appear in the protocol among the announced. Of course, they announced it, but since it is not reflected in the protocol, it means they did not disclose it and have no right to refer to it.
It’s tactically stupid to make references in a complaint of flaws in the minutes of a court session — they can always be fixed. Therefore, I planned to voice these circumstances directly in the court of appeal.
Appeal review
The judge of the district court, whom our complaint came to consider, practiced her work specifics. I knew that, referring to the heavy workload and a categorical lack of time, she would be incumbent on both sides of the case to write applications for consideration of the complaint without their participation. Moreover, earlier, in this way she had already considered several of my cases, resolved all of them competently and in our favor.
I explained to the judge that I needed to convey to her a number of points that I cannot indicate in the appeal. I was asked to write an explanation in her name for familiarization with the case materials outlining additional motives. Which was done. Both parties agreed to the consideration of the complaint without their participation.
On appeal, the decision of the justice of the peace was quashed and a new decision was made that satisfies the claims we have claimed.
PS When we met this justice of the peace a little later, she invited me to the office and said that she had worked as a judge for eight years and during all this time she had never met such a stubborn, tough and intractable lawyer like me. (This was the best praise for me.) And I answered her that I had worked as a lawyer for 16 years, had seen a lot of different judges and no one impressed me
I explained to the judge that I needed to convey to her a number of points that I cannot indicate in the appeal. I was asked to write an explanation in her name for familiarization with the case materials outlining additional motives. Which was done. Both parties agreed to the consideration of the complaint without their participation.
On appeal, the decision of the justice of the peace was quashed and a new decision was made that satisfies the claims we have claimed.
PS When we met this justice of the peace a little later, she invited me to the office and said that she had worked as a judge for eight years and during all this time she had never met such a stubborn, tough and intractable lawyer like me. (This was the best praise for me.) And I answered her that I had worked as a lawyer for 16 years, had seen a lot of different judges and no one impressed me
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