변호사와 의뢰인의 수임관계에 관한 고찰
A Study on Acceptance Relationship of Lawyer - Client
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Lawyer's relationship with their clients stands at the heart of any discussion about legal ethics and professional responsibility. This study examines the relationship with clients from start to finish. In the first part, I consider the crucial issue of client selection and whether there are any compelling ethical responsibilities to reject or adopt certain potential clients or causes. Client selection is one of the most important and most neglected issues for lawyers. The second part deals with the broad topic of compensation and, after providing a realistic context for discussion, highlights the professional regulation of what amounts to fair and reasonable fees. In the third part, I look at the circumstances in which lawyers must or can withdraw their services from their clients. The fourth part is devoted to inquiring into whether lawyers have an obligation, through legal aid and pro bono work, to meet the needs of those people who cannot afford legal services. Finally, the fifth part examines the possibilities and prohibitions around solicitation and advertising by lawyers. Throughout the chapter, emphasis will be placed on the profession's and individual lawyers' ethical responsibility to give persons reasonable access to justice. They are engaged in a special relationship that lawyers cannot simply abandon as and when they choose. Lawyers are entitled to withdraw their services once they have entered into a professional relationship with clients. However, as might be expected, there are restrictions on the situations and the ways in which lawyers can withdraw. If one of the parties rescind a mandate for the further without any inevitable reasons when it would be unfavourable to the other party, he shall compensate the other party for any damage occasioned by such rescission. Lawyers can withdraw only where there are compelling and justifiable reasons to do so. While clients have a clear right to dismiss their lawyers as and when they wish, lawyers do not have an equivalent right to withdraw their services arbitrarily from their clients. For lawyers to choose to withdraw, there must have been "a serious loss of confidence between lawyer and client" such as the clients' persistent failure to follow the lawyers' advice, to provide necessary instructions, and, most important, to pay their bill after a reasonable time
Abstract
Lawyer's relationship with their clients stands at the heart of any discussion about legal ethics and professional responsibility. This study examines the relationship with clients from start to finish. In the first part, I consider the crucial issue of client selection and whether there are any compelling ethical responsibilities to reject or adopt certain potential clients or causes. Client selection is one of the most important and most neglected issues for lawyers. The second part deals with the broad topic of compensation and, after providing a realistic context for discussion, highlights the professional regulation of what amounts to fair and reasonable fees. In the third part, I look at the circumstances in which lawyers must or can withdraw their services from their clients. The fourth part is devoted to inquiring into whether lawyers have an obligation, through legal aid and pro bono work, to meet the needs of those people who cannot afford legal services. Finally, the fifth part examines the possibilities and prohibitions around solicitation and advertising by lawyers. Throughout the chapter, emphasis will be placed on the profession's and individual lawyers' ethical responsibility to give persons reasonable access to justice. They are engaged in a special relationship that lawyers cannot simply abandon as and when they choose. Lawyers are entitled to withdraw their services once they have entered into a professional relationship with clients. However, as might be expected, there are restrictions on the situations and the ways in which lawyers can withdraw. If one of the parties rescind a mandate for the further without any inevitable reasons when it would be unfavourable to the other party, he shall compensate the other party for any damage occasioned by such rescission. Lawyers can withdraw only where there are compelling and justifiable reasons to do so. While clients have a clear right to dismiss their lawyers as and when they wish, lawyers do not have an equivalent right to withdraw their services arbitrarily from their clients. For lawyers to choose to withdraw, there must have been "a serious loss of confidence between lawyer and client" such as the clients' persistent failure to follow the lawyers' advice, to provide necessary instructions, and, most important, to pay their bill after a reasonable time
참고문헌 (27)
- 곽윤직, (1997), 박영사
- 사법연수원, "변호사실무(일반)" (2007)
- 이상수, "법조윤리의 이론과 실제" (2010), 서강대학교 출판부
- 이시윤, "신민사소송법" (2009), 박영사
- 이재상, "신형사소송법" (2009), 박영사
- 이창희, "변호사 보수의 적정성과 투명성. in: 법률가의 윤리와 책임" (2007), 박영사
- 최진안, "법조윤리" (2010), 세창출판사
- 남효순, "변호사와 의뢰인 사이의 법률관계. in: 법률가의 윤리와 책임" (2007), 박영사
- 박동규, "책임의 전제로서 변호사의 의무", 민사소송, 8(1), pp.224~246 (2004), 한국민사소송법학회
- 엄동섭, "일본의 변호사책임론. in: 변호사책임론" (1998), 소화
- 이상수, "변호사와 의뢰인의 관계. in: 법조윤리" (2010), 박영사
- 李正植, "辯護士의 注意義務에 관한 考察", 중앙법학, 5(2), pp.1~34 (2003), 중앙법학회
- 정형근, "변호사 직무의 공공성", 한양법학, (30), pp.195~221 (2010), 한양법학회
- American Bar Association, "ABA Compendium of professional responsibility rules and standards" (2007), American Bar Association
- A.C. Hutchinson, "Legal Ethics and Professional Responsibility", Irwin Law (2006)
- Cannon, Therese A., "Ethics and professional responsibility for paralegals" (2008), Aspen Publishers
- G. M. Cohen, "Foundations of the law and ethics of lawyering" (2004), Thomson West
- Geoffrey C. Hazard, "The law and ethics of lawyering" (2010), Foundation Press
- Joseph G. Allegretti, "Lawyer's Calling" (1999), IVP
- Ronald D. Rotunda, "Legal Ethics" (2007), Thomson West
- Schwartz, "Problems in Legal Ethics" (2007), Thomson West
- Feuerich․ Weyland, "Bundesrechtsanwaltsordnung" (2008), Vahlen
- 加藤新太郞, "辯護士倫理" (2006), 有斐閣
- 高中正彦, "法曹倫理講義" (2005), 民事法硏究會
- 小島武司, "法曹倫理" (2006), 有斐閣
- 田中紘三, "辯護士の役割と倫理" (2004), 商事法務
- 塚原英治, "受任 ‧ 辭任と事件處理の倫理. in: 法 曹の倫理と責任(上)" (2005), 現代人文社