Chapter 04
The Lawyer Who Sees the Light â Episode 4
âHeâs following properly.â
I glanced at the man trailing behind me, then turned my head away.
âWeâre almost there.â
ââŠâŠâ
No signboard.
My office only had a lawyerâs badge scribbled in black marker.
When I pushed open the glass door, a faint smell of instant noodles I had eaten earlier drifted out.
Slightly embarrassing, but this is when you need to act shameless.
âHere we are. Please, come inside.â
ââŠâŠâ
The man froze like stone, unable to move.
âThis is Attorney Cha Do-hyukâs law office?â
âYes, have a seat here.â
âThereâs no signboard?â
I didnât need to hear the rest to know what he was thinking.
âIt was hard to find because thereâs no signboard. What kind of lawyerâs office is hidden away in a corner of the underground terminal? Something like that.â
As expectedâ
âIf we hadnât run into each other by chance, I wouldâve been wandering around for ages.â
Maybe it was still the aftereffect of the earlier commotion, but his words carried a sharp edge.
I responded with the same sly smile I always used back at Continet.
âAs you know, even without a signboard, the people who need me will find their way here. Sure, Continet lawyers sometimes join other firms, but they rarely open their own practices.â
âWell, thatâs true, I suppose.â
âPlease, sit here.â
I guided the reluctant man to the consultation table.
ââŠâŠâ
His eyes were anxious, his brow deeply furrowed.
As he scanned my office, I could guess exactly what was on his mind.
âBetter start talking quickly, before he bolts.â
âSo then, putting aside what happened earlierâwhat brings you here?â
I kept it brief, without adding pleasantries like âyou must be worriedâ or âthis must be urgent.â
Thatâs the rule of the trade.
He bit his parched lips before speaking.
âIâm an artist, and I was commissioned for a piece. But now, Iâm being sued because of it.â
âA lawsuit? Is it related to ghost-painting or plagiarism?â
âNo! Theyâre saying the materials and subject matter I was given by the client are the issue.â
âMaterials and subject matter? Thatâs unusual.â
In the long history of art, where nothing new supposedly exists anymore, could someone really be sued for that?
âIf itâs not forgery or plagiarism, thereâs really only one kind of case where materials and subject matter become a problemâŠâ
Which usually meant imprisonmentâsitting in a detention center.
âHonestly, I still donât understand why this is a problem. âŠWe have freedom of expression, donât we?â
âI see.â
Itâs strange, but there are three common phrases people who get sued always say:
âI didnât know.â
âIâm innocent.â
âWho couldâve guessed it was a crime?â
But this artist added something extra, invoking freedom of expressionâas if he knew a bit of law himself.
Which usually meant he was weighing whether the legal fees were worth it.
Shhhk.
He slid a thick envelope across the table.
âRather than me explaining, itâs faster if you see this.â
âI thought so.â
I pulled out the documents.
It was a first trial criminal judgment.
As expectedâ
Article 207 of the Criminal Act. Counterfeiting currency.
Rustle.
âSo the first trial judgment came down just a few days ago?â
âYes. I truly didnât know drawing banknotes would count as counterfeiting.â
âItâs understandable. And simply drawing currency doesnât automatically make it a crime of counterfeiting.â
ââŠReally?â
âCounterfeiting requires intent to use the fake currencyâthat is, to distribute or spend it. Did you have such intent?â
âNot at all!â
He waved his hands in denial.
âIâve drawn currency before, and it was never a problem.â
âI believe it.â
âThen why now!â
He suddenly shouted and slammed his fist on the table.
ââŠâŠâ
ââŠâŠâ
ââŠIâm sorry.â
âItâs fine.â
He had crossed a line, but I let it go.
âBack at Continet, worse outbursts than this were commonplace. This feels almost cute in comparison.â
Still, maybe my expression had hardened unconsciously, because he glanced at me and let out a deep sigh.
âAs you can see, my finances arenât great. I only took the commission because I needed the money. If Iâd known this would happen, I never wouldâve accepted it.â
âEveryone who comes to a lawyer says the same thing.â
âSighâŠâ
âNo one is born knowing the law. Iâd wager more than half the people walking through this underground passage right now donât even know what Article 21 of the Constitution is.â
ââŠArticle 21?â
âYes. Freedom of expression.â
His cheeks flushed red, but I turned another page of the judgment unfazed.
âBy the way, didnât you request a court-appointed lawyer?â
Given his tattered sleeves and wannabe âI-know-lawâ attitude, he seemed like the type who wouldâve tried.
And sure enoughâ
âI did, citing poverty, but it was denied.â
âDid you submit supporting documents?â
âNot separately, but I did provide evidence that my bank accountâwhere my part-time wages are depositedâwas under seizure, meaning withdrawals were restricted.â
Hmm.
âI think that could count as a violation of your right to defense.â
âTh-thenâŠâ
âIâll need to look deeper, but if thatâs the case, the judgment could be overturned and remanded.â
âRemanded?â
âYes. I canât say for certain yet, but let me review the ruling further.â
âY-yes!â
I flipped through the pages, confirming the facts.
Rustle.
Sometimes defendants only seek out a lawyer after losing the first trial.
They couldnât afford the fees earlier, but now, terrified of losing, they come rushing in.
Most laypeople think itâs fine since there are three trial stages, but the first and second trials are both fact-finding.
The courts examine the facts.
Once facts are established in the first trial, unless you have compelling new evidence, the second trial almost always upholds it.
Meaning: itâs hard to overturn whatâs already confirmed in the first trial.
Of course, if new, decisive evidence comes to light, the appeal court could favor the defendant.
But the problem here was that he had already wasted the most important chanceâthe first trial.
Tap.
I set the document down and looked at him.
âAre you thinking of appealing?â
ââŠIs that even possible?â
âOf course. Luckily, including today, you still have two days left.â
âWhat?â
âYou must file the appeal within seven days of the judgment.â
âTh-then do I have a chance of winning?â
âThereâs a chance.â
Better than if he fought alone, at least.
But heâd still need additional evidence to justify the appeal.
I was about to explain this when he suddenly slammed the table again.
âWhy do all lawyers talk so vaguely?! If itâs guilty, say guilty! If innocent, say innocent!â
âSir, forgive me for cutting you off, but the law prohibits us from declaring verdicts as certain. Thatâs just how it is.â
âUgh! Then what am I supposed to do?â
He clawed at his hair in frustration.
Then he glanced at me againâhis face clearly torn over whether to hire me.
âIn that case, Iâll narrow the choice for him.â
All or nothing.
And I chose âall.â
âThe retainer fee, including contingency, is ten million won.â
ââŠWhat? Wait, how can the fee for starting at the second trial be the same as if youâd handled the case from the first trial?!â
Heâd already shopped around law firms at the first trial stage. No need to spell it out.
âAt Continet, theyâd charge double thatâjust the retainer alone.â
ââŠâŠ!â
Of course, that was a lie.
Partner-level lawyers did charge higher, but I had exaggerated for shock value.
âAnd I was a senior in Continetâs high criminal and corporate teams.â
Not even former judges and prosecutors easily got into Continet.
Ironically, that tag carried weight in situations like this.
âIf youâd prefer, youâre free to leave. I can even recommend another lawyer.â
ââŠWhat?â
âThough tomorrow is the final deadline for appeal filing.â
No need to add âWhat will you do?â
âGrr⊠Fine. Iâll hire you!â
With a determined grip on the pen, he signed the retainer contractâhis expression saying âIâll see how good you really are.â
âFor reference, the success fee is still payable even if the client unilaterally terminates, withdraws the suit, makes false statements, abandons or withdraws the appeal, or if their claims are later proven false.â
ââŠâŠ!â
Better to make this crystal clear upfront, especially with clients who skipped hiring a lawyer earlier due to costs.
Scrape.
I stood up.
âMr. Sim Oh-han, letâs head out right away.â
* * *
We took the Seongbuk 02 village bus and got off at the stop for Hongseongdae Middle & High School.
âSo, itâs not for any other reasonâyou just want to visit the scene, to see if thereâs additional evidence that could prevent the appeal from being dismissed, right?â
âYes. Like I said before, unless we bring something from the scene, the court wonât think: âPerhaps Mr. Sim might really be innocent. Letâs look into it further on appeal.ââ
âThen⊠when will you file the appeal?â
âAs soon as we get back to the office, Iâll prepare both the notice of appointment and the appeal submission.â
âOh?â
âThen the court will send us a record-receipt notice, and within 20 days, Iâll submit the statement of appeal grounds.â
After winding through narrow alleys, we finally climbed up to where rows of red-brick houses stood.
Mr. Sim took a deep breath and pointed at one.
âH-here, Neovil.â
âPlease wait outside.â
âEh?â
âIâm not taking anythingâjust checking for evidence.â
âThe prosecutor already took anything worth taking. Though, to be honest, they barely took anything.â
Mr. Sim averted his eyes, crossing his arms.
Clear as day to me: he was hiding something.
âWasnât there any unusual paper the client gave you? I doubt it was just a single A4 sheet.â
His eyes widened.
ââŠH-how did you know? The judgment didnât even mention the size?â
âI didnât get a reputation as a âKkangchi-case specialistâ for nothing.â
âKkangchi?â
âA slang term in legal circles for cases too tangled to summarize simply. For reference, back at Continet, I combed through over 20,000 pages of testimony in such cases.â
âWhoa.â
Moments like thisâ
A lawyer needs to show off a bit, to assure the client they made the right choice.
âT-the truth is, one sheet was left behind by an investigator. I kept it, afraid itâd cause more trouble if I handed it in.â
âYou did the right thing. Now, the key please.â
I held out my hand.
He reluctantly dropped the key into my palm, eyes shifting nervously.
âSo, there really is something.â
âThat sheetâitâs mounted on my easel. The quality of the paper was just too good.â
âGood. That makes it easier to find.â
âR-right?â
Relieved, he followed me down the stairs.
In the semi-basement, there were two doors.
âWhich one?â
âB1. The studio is the diagonal room after the entrance. P-please ignore the living room.â
âIâll be quick.â
Clack.
Creak.
Seongbuk-dong. A semi-basement in a 30-year-old house.
The damp air carried the smell of oil paint.
I passed a sofa bed piled with laundry and stepped into the room.
Mismatched, worn bookshelves stood around.
And on the old wooden easelâ
A yellowish sheet of paper, given by the client, hung stretched.
I touched the paper lightly, holding it up to the ceiling light.
âHm.â
On the left center, so faint youâd miss it if you werenât looking carefullyâ
A ghostly image of Shin Saimdang.
I sighed.
âThe prosecutor had good reason to indict.â