辯護士의 利害衝突 防止義務

• 영문명: Lawyers' Duty to Avoid the Conflict of Interest
• 발행기관: 중앙대학교 법학연구원
• 저자명: 李相敦(Lee, Sang-Don)
• 간행물 정보: 『법학논문집』法學論文集 第33輯 第2號, 5~46쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.31

영문 초록

Legal ethic or lawyers' professional responsibility is a largely neglected area of legal study in Korea. However, it will attract more concern from lawyers and academics as the legal ethic is now designated as the bar examination subject. Among many topics of the legal ethic, the duty to avoid the conflict of interest is the weakest point. In fact, the ethic standard in Korea is very fragile and weak. Though the conflict of interest is the basic ethic rule in the society, it is stll largely ignored in Korea. Current Korean law and code for the lawyers' duty to avoid the conflict of interest is very incomplete and vulnerable. On the other hand, the U.S. has elaborate and detailed rules on that matter. This article is to analyze the various aspects of the lawyers' duty to avoid the conflict of interest in the U.S. ABA Model Rules on Professional Conduct has long and detailed provisions, the rules on the current clients, former clients, imputation to other lawyers, and former government officers and employees. These rules are now adopted in all the states through legislation. This article analyzes ABA's rules on the conflict of interest and related cases. Leading cases such as Cuyer v. Sullivan, Wheat v. U.S., Westing House Electrics Co. v. Kerr-McGee Co., Brennan's Inc. v. Brennan's Restaurants, Inc., In re American Airlines, Inc., Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corporation, and Armstrong v. McAlpine are also analyzed. The article argues that as the current Korean law and code on this matter is too weak and incomplete, Korea should incorporate ABA rules and related case law.

목차

Ⅰ. 머리말

Ⅱ. 이해충돌 방지의무에 관한 미국변호사 협회 모델 규칙

Ⅲ. 형사재판에서의 이해충돌

Ⅳ. 민사사건에서의 공동대리 문제

Ⅴ. 과거의 의뢰인을 상대로 한 대리

Ⅵ. 로펌에서의 동료 변호사로 인한 대리 제한

Ⅶ. 정부에 재직했던 변호사

Ⅷ. 맺는 말

참고문헌

Abstract

키워드

법조윤리(Legal Ethic) 변호사법(The Lawyer Law) 변호사 윤리강령(Lawyers' Ethic Code) 변호사의 이해충돌 방지의무(Lawyers' Duty to Avoid Conflict of Interest) 미국변호사협회 모델 규칙(ABA Model Rules)