CONTENTS
- 1. The client who came to the Suncheon attorney
- 2. Suncheon attorney provides a defense to protect the client's case
- - Suncheon attorney argues there was no intent to represent legal affairs
- - Suncheon attorney argues there was no economic benefit obtained from the case
- 3. As a result of the Suncheon attorney's assistance, a minor fine was successfully secured
1. The client who came to the Suncheon attorney
The client who came to the Suncheon attorney had been delegated the authority to conduct litigation and the like, upon a promise to be paid a portion of the sale price paid if a civil lawsuit settlement with the complainant company succeeded, for the recovery of property rights in a commercial unit that a non-party to the complaint had purchased, and performed those acts.
This was the circumstance that led to the client being accused of an act violating the Attorney-at-Law Act.
Under the Attorney-at-Law Act, a person who is not an attorney must not, upon receiving or promising to receive money, valuables, entertainment, or other benefits, handle appraisal, representation, arbitration, conciliation, solicitation, legal consultation, or the preparation of legal documents, or other legal affairs in connection with litigation cases or other general legal cases, or arrange such acts.
The client was accused of violating the Attorney-at-Law Act by, while not being an attorney, promising to receive money and valuables and performing an attorney's acts in connection with a litigation case and the like.
Statutes related to violation of the Attorney-at-Law Act as explained by the Suncheon attorney
Attorney-at-Law Act Article 109 (Penalty Provisions)
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 7 years or a fine of not more than 50 million won. In such cases, a fine and imprisonment may be imposed concurrently.
1. A person who, while not being an attorney, upon receiving or promising to receive money, valuables, entertainment, or other benefits, or upon causing or promising to cause a third party to provide such, handles appraisal, representation, arbitration, conciliation, solicitation, legal consultation, or the preparation of legal documents, or other legal affairs in connection with the cases under the following items, or arranges such acts
(a) Litigation cases, non-contentious cases, family conciliation, or adjudication cases
(b) Administrative appeals or requests for review, objections, or other cases of appeal against administrative agencies
(c) Investigation cases being handled by investigative agencies
(d) Investigation cases being handled by an investigative body established under statute
(e) Other general legal cases
2. Suncheon attorney provides a defense to protect the client's case
The Suncheon attorney took up the defense to protect the client, who was charged with violating the Attorney-at-Law Act, which carries imprisonment for not more than 7 years or a fine of not more than 50 million won, from punishment.
Suncheon attorney argues there was no intent to represent legal affairs
The Suncheon attorney first argued that the client had not intended to represent legal affairs.
The client, like the non-party to the complaint, was also a victim related to the sale, and had merely intended to negotiate on behalf of the victims.
In a situation where it was difficult for numerous victims to speak with one unified voice all at once, the client had merely intended to become the negotiation representative and negotiate with the complainant company.
Suncheon attorney argues there was no economic benefit obtained from the case
The Suncheon attorney emphasized the fact that the client had never acquired any economic benefit from this case.
This is because, although the client had agreed to be paid money and valuables on the condition of a successful negotiation, the negotiation with the complainant company ultimately broke down.
3. As a result of the Suncheon attorney's assistance, a minor fine was successfully secured
With the Suncheon attorney's help, the client was able to conclude the case with a minor fine.
The level of punishment for a violation of the Attorney-at-Law Act varies depending on the content and degree of the violation. In the case of a serious violation, even a term of imprisonment may be imposed, so if you become involved in such charges, it is important to respond with the help of a specialist attorney.
At Daeryun Law Firm, specialist attorneys with an average of more than 10 years of experience accompany the client through the consultation, investigation, and trial process and provide defense strategies tailored to each situation.
If you are seeking an attorney's help in a situation like the one above, please visit Daeryun Law Firm's 🔗Suncheon office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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