Аннотация: A monologue of a jealous driver in the presence of a lawyer. A story from the practice of participating in litigation.
A monologue of a jealous driver in the presence of a lawyer. A story from the practice of participating in litigation.
Andrey received higher legal education and experience of participation as a representative in courts of general jurisdiction.
And before that, he graduated from the Faculty of Economics and attended separate courses for accountants.
Thereafter, it was possible to act as a representative in economic disputes involving organizations.
Organizations were able to pay much more for legal services than individuals, but the (legal) load in the relevant cases was not small.
To begin with, on the opposite side, as a rule, raiders acted - that is, people who use "legal schemes" in attempts to deprive ordinary businessmen of property.
The level of "qualification" of the raiders was many times higher than the level of efficiency of ordinary representatives of ordinary parties in a dispute.
The cases involved property masses of enormous value (enterprises) and were connected with a huge volumes of documents. It was not so easy to get acquainted with such arrays of documents - it required a very large investment of time. And, besides, they were filed into thick folders stored in the court archives.
But acquaintance itself is not enough - you need to analyze these documents, highlight the most significant documents in the total mass of documents and use them correctly when building a position.
Many cases dragged on for years. One of the directors (head of enterprise), for example, was busy during the day, he came to discuss legal issues day after day - after midnight. He was a busy man, so he could not warn of his arrival by phone. And if he had warned, he would have met an offer to meet in the daytime. As an energetic and prudent person, he himself was getting behind the wheel of a company car and was knocking on Andrey's door after midnight without warning.
The case was complex - with many details. So the conversations dragged on for several hours (each). This practice of regular night meetings had a positive effect on the course of the litigation itself. On Andrey's life (personal life) it effected in a negative way.
Do not to open the door after a knock at night? The negative outcome of the case was undesirable ...
But even in those days when there were no such visits, Andrey often had to work with documents - read strangers and cook "own" until late at night. When there was no strength left, he had to fall asleep. After a couple of hours of sleep, at 3 in the morning, to wake up and to continue the preparing.
Many cases were transferring from one instance to another (from one level to another).
In some cases, because of this, Andrey had to travel by car to another city - the trip took about 4 hours.
In one direction - four hours, in the opposite direction - four hours, between trips - a court session, waiting ... - two or three hours. In total - eight hours - in the car ...
The trips themselves were exhausting.
They, either, weren't a safe events. For example, one of these trips ended in an accident. The car turned over once or twice, dropping into a deep ditch. Andrey sat in the car with a laptop in the back seat, where there were no seat belts. The incident ended with a broken rib and a concussion ...
After the accident, passengers of the crashed car were walking around (near) the automobile lying on the roof for several hours, waiting for the traffic police officers, and after their arrival - the paperwork. Late in the evening - a visiting of the trauma center, where they made an X-ray, examined, and diagnosed.
Then - a "pleasant" night with a broken rib.
And in the morning - a new four-hour voyage (one way) to participate in the court session. Then - another four hours (in the opposite direction).
At that time Andrei did not have a driver's license and did not know how to drive a car, so the organizations he represented - they were allocating a company car with a driver for travel.
As a rule, the driver was the same (permanent) person who knew the road and understood how, in what mode to go, where it is better to stop.
These people behaved the same way (in a similar way). They were silent all the way. But they turned on unpleasant music, silly songs, or stupid jokes (tape recorder or radio).
To drive in silence and think through legal issues, it was necessary to ask the driver of the company car several times to turn off the radio (or tape recorder). They were reluctant to make concessions. The music encouraged them on the monotonous road, reduced the risk for the driver to fall asleep while driving.
One day a "regular" driver got sick and a replacement was found.
The "new" driver was an employee of the same organization - of a participant in an economic dispute.
Obviously, he was exalted, excited regarding the opportunity for a lawyer to make comparatively large amounts of money on a legal basis - eight to ten times the salary of an "ordinary" worker. Moreover, there is a "special" position, situation. The management talks with a lawyer on important issues, treats with respect ... A car with a driver for travel is allocating ...
The new driver got involved in a discussion with Andrey about some topic.
Then he turned the conversation in a different direction and began to inform Andrey about his relative - from all sides an outstanding person who studied well at school, then received two higher educations (one of them - legal), and now acts on the legal field ...
The driver's thought demanded a continuation - the understanding that there are many competent lawyers, that with thoughts of complexity, and even some exclusivity, of cases in which Andrey is involved, you need to move on to the idea of a kind of mass character of qualified legal services ...
In general, purely legal issues turned out to be not enough for Andrey - he additionally had to think about how to correctly react to the statements of an clever driver.
To agree with driver that the job is standard?
To join in the praise of an outstanding relative of an clever driver?
To say something else?
Andrey decided to remain silent.
How to interpret silence? As the lack of objection?
The driver was somewhat pleased: he spoke out. The job of a representative - there are many suitable candidates for it ... From the field of reflection, this thought should be transferred to the discussion plan. And to get no objection from the participant in the "discussion". (Maybe there is no need to pay more or less high wages? And there is no point in providing of a car with a driver?).
Yes, the litigation involved the entire enterprise. Even the drivers thought, analyzed, and joined the discussion on the organization of the lawyer's work.
The "previous" driver has recovered. Or the managment guessed something from some remarks about the mood of a jealous driver. This person no longer participated in the trips and did not start discussions, freeing up some time useful for preparation.
The trips continued without discussions, with requests to the usual, silent driver to turn off the radio or the tape recorder ...
December 13, 2021 05:59
Translation from Russian into English: December 13, 2021 07:30.
Владимир Владимирович Залесский "Монолог ревнивого водителя в присутствии юриста. Рассказ из практики участия в судебных спорах".
{ 2612. Монолог ревнивого водителя в присутствии юриста. Рассказ из практики участия в судебных спорах.
MMDLXXXII. A monologue of a jealous driver in the presence of a lawyer. A story from the practice of participating in litigation. (English). }