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  • Partner Zhang Qi represented a buyer and seller contract dispute and successfully changed the judgment in the second trial.

    Release Time:2024-12-27


    Recently, by virtue of extraordinary professional legal literacy and profound knowledge of financial management, Zhang Qi, partner of JAVY Law Firm, won a crucial victory in the second trial in a complicated case of sale contract dispute, which fully demonstrated his excellent business ability and profound professional accumulation.
    Details of the case
    Previously, Coal Company A and Coal Company B had a serious disagreement over cooperation matters, and the two parties could not stop arguing and finally brought the dispute to the court. During the first trial, due to the failure of the attorney to fully consider the complexity of the background of the case, and the opposing attorney provided evidence unfavorable to Coal Company A, resulting in Coal Company A as the plaintiff losing the case in its entirety. Faced with this sudden blow, Coal Company A urgently needed to find a lawyer with both legal and financial expertise to assist it in sorting out the relevant evidence and winning the second trial.
    After learning that  Zhang Qi not only has rich experience in legal practice, but also worked in an accounting firm for many years, with a deep background of financial expertise, A Coal Company immediately decided to appoint  Zhang Qi to represent the case. Zhang Qi knows that the economic disputes between companies, is not just a simple legal battle, behind it is a financial wrestling. Therefore, she quickly devoted herself to the study of the case, utilized professional financial analysis methods, and conducted a comprehensive and detailed review of A Coal Company's financial status, transaction records, and flow of funds, thus providing strong support for the resolution of the case.
    After gaining an in-depth understanding of the complex financial accounting issues in the cooperation dispute, Zhang Qi led a team of accountants to conduct an in-depth audit and issued an audit report. She redesigned the litigation idea according to the contradictory points of the cooperation between the two parties and the demands of Coal Company A. She divided the original seemingly unresolved case into several litigations and gradually broke through the defense of the other party. At the same time,  Zhang Qi  worked closely with the accountant and sorted out the strong evidence that the other party had embezzled property from the process of cooperation between the two parties, which laid a key foundation for the victory in the second trial.
    During the second trial, facing the sufficient evidence provided by Zhang Qi , the appellee, i.e., the defendant, had to bow down and admit the relevant facts. After strictly reviewing the case materials and listening to the statements of both parties, the court of second instance made a decision to change the judgment in accordance with the law, which saved the economic loss for A Coal Company.
    According to the data from the national courts, the probability of the second instance court to change the judgment or remand the case for retrial is extremely low, which remains at the level of only about 8% per year. Typically, the court of second instance will be prudent in reviewing the case, and will scrutinize and consider the judgment of the first instance. Only in cases where there are clear errors in the application of the law, unclear findings of fact, or new evidence sufficient to overturn the original judgment, will a decision be made to change the judgment. However, in this case, after the second trial, the court finally changed the judgment in accordance with the law, which not only highlights the complexity and particularity of this case in terms of application of law and determination of facts, but also fully reflects the professionalism and unremitting efforts of  Zhang Qi  in the litigation process.

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