Lawyers and judges caught in a cycle of vengeance: A brief discussion on the "lawyer sues group owner" case
[2] On the afternoon of July 29, 2019, the widely publicized case of "Lawyer Removed from Group Chat Sues Group Admin" was heard in the Laixi City People's Court of Shandong Province, with an immediate ruling: the lawsuit filed by plaintiff Lawyer Liu was dismissed. After the Laixi court announced the ruling, both parties stated in court that they would not appeal.
[3] News Background:
[4] On May 31, 2018, Judge Yu of Pingdu created a WeChat group and invited lawyers and legal professionals from Pingdu to join, discuss, and share experiences on topics such as litigation filing and fee refunds. On June 7, 2018, group member Judge Liu became the group admin and posted a group announcement two days later: members must use real names; the group's purpose is mainly to discuss issues related to litigation filing; no red envelopes allowed; speech in the group should promote positive energy and uphold judicial authority; violators will receive a warning for the first offense and be removed for the second.
[5] Lawyer and Judge (Image source: Internet)
[6] On January 21, 2019, group member Lawyer Liu posted videos and comments unrelated to litigation filing in the group. Judge Liu cited the earlier group announcement to remind Lawyer Liu of the rules. However, Lawyer Liu ignored the reminder and argued with other group members. After repeated warnings proved ineffective, Judge Liu removed him from the WeChat group. Lawyer Liu subsequently filed a lawsuit, and the court issued its ruling on the afternoon of July 29, 2019.
Lawyers and judges have never been "adversaries"
A lawyer is a practitioner who has passed the legal professional qualification examination, lawfully obtained a lawyer's practice certificate, and is entrusted or appointed to provide legal services to clients. A judge, on the other hand, is a judicial officer produced in accordance with legal procedures, who exercises the state's adjudicative power in judicial organs (generally courts) and is the executor of judicial authority. Zhiming lawyers believe that although their roles differ, lawyers and judges, both part of the legal community, have never been "adversaries."
In judicial practice, judges are neutral parties representing the state in exercising judicial power. Lawyers, as key participants in the legal system, not only provide quality legal services to clients but also bear the responsibility of oversight. Lawyers exercise supervisory rights through appeals, reconsiderations, appeals, and complaints, thereby "confining judges' power within the cage of institutions." This ensures effective supervision of the law.
In conclusion, the smooth progress of judicial construction relies on a positive relationship between lawyers and judges. It is hoped that lawyers and judges who read this article will respect each other and coexist rationally in their work, contributing to the maintenance of honesty, credit, fairness, and justice in the rule of law, and jointly advancing the construction of a legal system.
