변호사 아닌 사람의 로펌 투자 금지 (Prohibitions On Nonlawyer Investment In Law Firms)

서지정보

· 발행기관 : 법과사회이론학회
· 수록지 정보 : 법과사회 / 35호 / 225 ~ 260페이지
· 저자명 : 정봉진

초록

In Korea, the Lawyer Act and the Korean Bar Association’s Rules of Professional Conduct have prevented nonlawyers from sharing leagal fees with lawyers and investing in law firms. The rules prohibiting lawyer -nonlawyer combinations from practicing law were implemented to guard against several potential ethics problems such as interference with professional independence and judgment, breaching of client confidences and unauthorized practice of law. Every state in the United States except the District of Columbia also has such a rule. This prohibition has created an inefficient legal services market. Firms cannot have access to capital markets, limiting their opportunities for expansion, reducing investments in training and technology. These prohibitions against nonlawyer investment in law firms have long presented a large obstacle to developing the legal profession. This Article suggests that these prohibitions be lifted in Korea. It discusses the source of these prohibitions both in Korea and in the United States, and the historical and ethical arguments for prohibition such as Fear of Sears, which are proved to be merely groundless concerns. These concerns are far outweighed by the benefits of allowing nonlawyers to participate in law firm. The benefits include capital for expansion, capital for investment in new lawyers and new technologies. Moreover, as the practice of law continues to be increasingly transformed from a profession into a business, it does not make sense to prevent lawyers from using the financial sources that are available to almost every other business. Nonlawyers investment in law firms must be allowed while providing sufficient protection against the anticipated evils such as interference with lawyers’ independent professional judgment and breaching of client confidences.

영어초록

In Korea, the Lawyer Act and the Korean Bar Association’s Rules of Professional Conduct have prevented nonlawyers from sharing leagal fees with lawyers and investing in law firms. The rules prohibiting lawyer -nonlawyer combinations from practicing law were implemented to guard against several potential ethics problems such as interference with professional independence and judgment, breaching of client confidences and unauthorized practice of law. Every state in the United States except the District of Columbia also has such a rule. This prohibition has created an inefficient legal services market. Firms cannot have access to capital markets, limiting their opportunities for expansion, reducing investments in training and technology. These prohibitions against nonlawyer investment in law firms have long presented a large obstacle to developing the legal profession. This Article suggests that these prohibitions be lifted in Korea. It discusses the source of these prohibitions both in Korea and in the United States, and the historical and ethical arguments for prohibition such as Fear of Sears, which are proved to be merely groundless concerns. These concerns are far outweighed by the benefits of allowing nonlawyers to participate in law firm. The benefits include capital for expansion, capital for investment in new lawyers and new technologies. Moreover, as the practice of law continues to be increasingly transformed from a profession into a business, it does not make sense to prevent lawyers from using the financial sources that are available to almost every other business. Nonlawyers investment in law firms must be allowed while providing sufficient protection against the anticipated evils such as interference with lawyers’ independent professional judgment and breaching of client confidences.

참고자료

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