Legal Thinking and Court Argumentation Skills - (Issue 1)

Author: Liu Tonghai
Publisher:
Publish Date: 2006-10-01
Features: Tonghai's book has distinctive features. One is the application of wisdom from the Art of War, the 36 Stratagems, and Romance of the Three Kingdoms in case handling, which is rarely seen in published books by peers in China. While it is self-evident that lawyers must use not only legal knowledge but also wisdom and strategy to win every case, how to apply ancient military strategies to practical case handling is a topic worth studying and exploring. Tonghai has successful cases in this regard. For example, he used the strategy of "besieging Wei to rescue Zhao" to resolve a client's impending loss in court. Another case involved a client's savings certificate being pledged by someone else (without verification or registration). When the debtor failed to repay on time and judicial remedies were unavailable, Tonghai advised the client to apply for a declaration of loss and used the strategy of "removing the firewood from under the pot" to achieve the desired outcome. In another instance, while handling a case in a certain province, the opposing party refused to pay and tried to delay the process to get rid of the lawyer. Tonghai employed the strategy of "buying time" to uncover the opposing party's bank account and deposits. Through a pre-litigation asset preservation measure, he unexpectedly froze 400,000 yuan in the account, forcing the party not only to repay the principal and interest but also to compensate for the costs of pursuing the debt. Such cases are numerous, and reading them is quite thought-provoking. Tonghai skillfully applies the wisdom of ancient philosophers to case handling, offering a unique perspective. This is mainly because he has read extensively.