Judge of the Song Dynasty

“Legal aid for the government?” Sima Guang asked with a bewildered expression.

Xu Zhiqian also looked at Zhang Fei in confusion.

Zhang Fei nodded and asked, “Does Academician Sima know why those people outside are here?”

Sima Guang glanced at Xu Zhiqian and stroked his beard with a smile. “They’re here for the great lawyer Xu.”

Thanks to those ignorant old ladies’ chatter, the term “lawyer” had become synonymous with female pen-in-caps, and even Sima Guang was using it.

In truth, it was all because of her looks. If she had been an old woman, people would have called her a pen-in-cap. But since Xu Zhiqian was beautiful, well-educated, and from an official family, calling her a mere pen-in-cap seemed crude.

Zhang Fei felt quite dejected about this – he was handsome too!

Xu Zhiqian hurriedly said, “Uncle Sima flatters me. I know they’re here for the free services.” Her cheeks flushed as she finished speaking.

“Zhiqian is right. To be precise, they are indeed here for the free services,” Zhang Fei nodded and asked Sima Guang, “Does Academician Sima know why Zhiqian represented Madam Liu for free?”

Sima Guang casually replied, “To fight the powerful and protect the vulnerable?” Zhang Fei said, “It’s to seek justice.”

Xu Zhiqian felt embarrassed hearing Zhang Fei praise her and gently chided, “That’s not true. Don’t make things up.”

“To seek fairness?” Sima Guang asked puzzled. “Isn’t fighting the powerful and protecting the vulnerable the same as seeking justice?”

Zhang Fei explained, “Fighting fighting the powerful and protecting the vulnerable is righteousness, not justice. If Xu Zhiqian used her status to stop Huang Yongli’s actions, that would be righteous. But going through legal proceedings – that’s seeking justice.”

“Hmm, that makes sense!” Sima Guang nodded slightly.

Zhang Fei continued, “If Zhiqian didn’t help Madam Liu, and Huang Yongli sued through a pen-in-cap to get the house back, may I ask Scholar Sima, would that be just?” Official source ıs novel{f}ire.net

“Would that be just?” Sima Guang frowned, falling silent.

Xu Zhiqian also became lost in thought.

After a while, Sima Guang shook his head and said, “That’s truly hard to judge. I think if the government’s ruling is just, then it’s just, since Huang Yongli would be trying to get the house back through legal means rather than through coercion or illegal methods.”

Seeing Zhang Fei’s silence, he asked, “Am I wrong?”

Zhang Fei said, “Academician Sima shouldn’t overlook one point – Huang Yongli hired a pen-in-cap, while Madam Liu didn’t.”

Sima Guang sighed, “That’s unavoidable. The court’s restrictions on litigation partly stem from this reason. If litigation were completely open, rich people could afford pen-in-caps while poor people couldn’t. That’s very unfair. Having the government make all decisions would be more equitable.”

He suddenly pointed at Zhang Fei, “Come to think of it, you’re the one who broke all the rules.”

Though the Song Dynasty allowed litigation, before Zhang Fei, pen-in-caps never had an official, legal status. They only assisted or supplemented official proceedings. Whether pen-in-caps could appear in court depended entirely on the judge’s permission.

Zhang Fei had almost single-handedly changed this situation.

Previously, there had never been two pen-in-caps arguing in court. Most interactions were through written complaints, which was why notaries had clearly higher status than pen-in-caps.

But now this was changing, with pen-in-caps becoming more active.

The Kaifeng Prefectural Office allowed it, the Court of Penal Review allowed it, leading lower courts to accept pen-in-caps arguing cases.

It was becoming the norm.

And the reason was Zhang Fei.

Zhang Fei gave an awkward smile. “But I don’t think I’m destroying anything. I’m building something. Litigation can make trials fairer.”

Sima Guang snorted, “Then tell me yourself – when one side can afford a pen-in-cap and the other can’t, is that fair or unfair?”

“Unfair!”

Zhang Fei replied, “But that’s not because I broke the rules – it’s because the rules aren’t complete yet. If we add legal aid, it can become fairer.”

Sima Guang made a sound of acknowledgment. “What exactly do you mean by legal aid?”

“It means helping people with lawsuits for free,” Zhang Fei explained.

Sima Guang laughed, “It’s wonderful that you’re willing to help people with lawsuits for free!”

“But without government support, our small firm lacks the resources despite our willingness,” Zhang Fei said.

Sima Guang responded irritably, “The government has no money now. What is Wang Anshi’s reform for if not to collect money for the state?”

Zhang Fei shook his head, “We don’t need financial support from the government, just institutional support.”

“Institutional support?” Sima Guang asked, puzzled.

Zhang Fei nodded, “I hope the government will incorporate legal aid into the trial process. Meaning, if one party cannot afford a pen-in-cap, the government will assign one to argue their case for free. Our firm will provide the notaries and pen-in-caps – the government won’t need to spend a penny.”

Xu Zhiqian listened with confusion. “What’s the difference?”

Sima Guang nodded repeatedly, “Zhiqian is right – what’s the difference?”

Zhang Fei smiled, “The difference is huge – one is obligatory, the other voluntary. I can provide free legal services, but I don’t have that obligation and can refuse. Legal aid would be obligatory.

Moreover, our firm opens its doors for business, not charity. Providing free services would harm our interests.”

Sima Guang still didn’t understand. “If the pen-in-caps and notaries were sought by the government, that might be different. But as you said, they’re all from your firm and you can choose not to send them. Isn’t it the same?”

Zhang Fei explained, “Although I send the people, it’s still legal aid. Coming to our firm for representation still requires payment – this clearly distinguishes the two. Additionally, it doesn’t have to be just our firm sending people; other bookstores can participate too.”

Sima Guang scoffed, “Who would want to?”

“I believe everyone will be willing,” Zhang Fei smiled.

“What makes you so sure?”

Zhang Fei chuckled, “Because I’ll only send new people for practice, and I guarantee other firms will follow suit and send their newcomers for experience.”

Sima Guang said angrily, “How absurd! You’re using people’s lawsuits to train your staff?”

Xu Zhiqian nodded in agreement.

Zhang Fei smiled, “That’s the idea, but for those who can’t afford a pen-in-cap, isn’t something better than nothing? Besides, it might be better than some paid services.”

Sima Guang shook his head, “Don’t try to deceive me, boy. I know your real intentions. If the government introduces legal aid, first, it essentially legitimizes the status of pen-in-caps in trials. Second, it shows everyone that free services are inferior, making them more likely to pay for your experienced pen-in-caps.”

Privately thinking how quick-witted the old man was, Zhang Fei continued, “Respected Academician Sima, you’re mistaken. If free services were better than paid ones, who would pay? If no one paid, no one would become a pen-in-cap.

The reason I say free services might be better is because of money. Though I send newcomers, they must build their reputation to become paid pen-in-caps. They’ll give their all in representing people. Some paid pen-in-caps who don’t charge much might not try as hard.”

He glanced at Xu Zhiqian, “I initially planned to have Zhiqian help people for free since she doesn’t need money and has a kind heart.”

He pointed toward the door, “But the facts have proven that she alone can’t help much, and she can’t expect others to be like her, helping people wholeheartedly without seeking rewards.

Everyone in the world acts for profit. If you want to help more people, you need money to motivate them. Want to become a great pen-in-cap? It’s simple – let your results speak for themselves. I got to where I am today by handling cases for free.”

Xu Zhiqian, who had disagreed earlier, fell into deep thought.

She had always believed that helping others shouldn’t require compensation – otherwise, how could it be called helping?

But she was just one exception.

Not everyone was like her, free from worries about food and clothing, with a supportive family.

Moreover, her abilities as one person were limited. Each case took many days and carried various risks – how many people could she really help?

Compared to all the injustice in the world, it was just a drop in the ocean!

Zhang Fei’s legal aid was purely driven by profit, having nothing to do with conscience.

But she had to admit it could help more people.

After pondering for a while, Sima Guang said, “But this approach would encourage litigation and increase the burden on government offices.”

The Song dynasty had an excess of officials, yet he was worried about burden on the government?

Zhang Fei laughed, “I actually think this business would be highly profitable for the government.”

Sima Guang asked in surprise, “Profitable for the government?”

Zhang Fei explained, “While it may seem to increase government investment on the surface, consider what we’re investing in. We’re fighting tax evasion, extortion, fraud, and corruption. These all harm state interests invisibly.

Take the government’s revolt pacification policy – if common people can seek justice through lawsuits, who would rebel? The government wouldn’t need pacification policies.

The cost of pacifying one revolt could fund many lawsuits.

Regarding tax evasion, discovering one plot of land with unpaid taxes benefits the government indefinitely. Though it requires significant resources, having a strict judicial system reduces the government’s burden in many ways – it’s extremely profitable.

Also, my firm needs to train newcomers, doesn’t the government need that too? Letting young officials gain experience at the bottom is better than having them just read in libraries. This doesn’t require much investment. Isn’t that profitable?”

Sima Guang nodded slightly, “You make some valid points, but this isn’t a small matter. I need to consider it carefully.”

He looked at Zhang Fei again, “Actually, litigation can only do so much. It mainly benefits pen-in-caps like you. True good governance still depends on laws and regulations.”

Zhang Fei nodded repeatedly, “Of course.”

Sima Guang continued, “I’m currently busy with judicial reform. I’d like you to join the prosecutor’s office. What do you think?”

Xu Zhiqian’s face lit up as she looked toward Zhang Fei.