
Legal Ethics with Hwang Byun
Description
Book Introduction
This book is a textbook for 'students' preparing for the legal ethics exam.
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index
Chapter 01 Introduction 8
Chapter 02 Overview of Legal Ethics 12
Ⅰ.
Characteristics of Legal Ethics 12
Ⅱ.
Lawyer Job Stage Regulation System 13
Chapter 03 Status and Duties of Lawyers 16
Ⅰ.
The Lawyer's Mission 17
Ⅱ.
Status of a lawyer 18
Ⅲ.
Lawyer's Duties 20
Chapter 04: Opening and Operating a Law Firm 26
Ⅰ.
Qualifications of a lawyer 26
Ⅱ.
Registration and practice of law 28
Ⅲ.
Opening a law firm 33
Ⅳ.
34 Law Firms Opened by Bar Exam Passers
V.
Office worker 36
Ⅵ.
40 years of membership in the Bar Association
Ⅶ.
Legal Ethics Council 42
Chapter 05 Liability of Law Firms 48
Ⅰ.
Co-working Office 48
Ⅱ.
Establishing and Operating a Law Firm 49
Ⅲ.
Law Firm 58 (Limited)
Ⅳ.
Law Association 60
V.
Basic Ethics of Law Firms, etc. 63
Chapter 06 Attorney-Client Relationship 66
Ⅰ.
The Nature of the Attorney-Client Relationship 68
Ⅱ.
Establishing the Attorney-Client Relationship 70
Ⅲ.
Scope of duties 75
Ⅳ.
Distribution of Powers between Attorney and Client 80
V.
Termination of Attorney-Client Relationship 81
Chapter 07 Attorney's Fees 86
Ⅰ.
The Concept and Classification of Attorney Fees 86
Ⅱ.
Compensation Agreement and Fair Compensation 87
Ⅲ.
Claim for compensation 94
Chapter 08: Basic Duties of Attorneys 110
Ⅰ.
Duty of Good Faith 110
Ⅱ.
Duty of Confidentiality 116
Ⅲ.
Duty of Truth 133
Ⅳ.
Duty to Maintain Dignity 145
Chapter 09 Duties of Attorneys 152
Ⅰ.
General Obligations 152
Ⅱ.
Obligations regarding the appointment book, attorney appointment letter, etc. 156
Ⅲ.
Prohibition of child custody of cases 158
Ⅳ.
Limitation on concurrent employment of lawyers 172
Chapter 10: Duty to Avoid Conflicts of Interest 176
Ⅰ.
Overview of Conflicts of Interest 176
Ⅱ.
Types of Conflicts of Interest 177
Ⅲ.
Conflicts of Interest in Cases Involving Public Officials [Type I] 178
Ⅳ.
Conflicts of Interest Between Client and Attorney [Type II] 192
V.
Conflicts of Interest Between Clients [Type III] 197
Ⅵ.
Restrictions on the Acceptance of Attorneys by Joint Offices and Law Firms [Type IV] 217
Ⅶ.
Sanctions for Violations of Duty 228
Chapter 11 In-House Counsel 234
Ⅰ.
In-house lawyer 234
Ⅱ.
Legal Counsel 242
Chapter 12: Lawyer's Advertisement 246
Ⅰ.
Law 246 Regarding Lawyer Advertising Regulations
Ⅱ.
Contents of Lawyer Advertising Regulations 248
Ⅲ.
Internet Advertising / AI Advertising 271
Ⅳ.
Measures against violations, etc. 272
Chapter 13 Public Service Obligations and Public Defenders 276
Ⅰ.
Regulation 278 on the Obligation to Engage in Public Interest Activities
Ⅱ.
Contents of public interest activity obligation 278
Ⅲ.
Public Defender 280
Chapter 14: Disciplinary Actions against Lawyers 286
Ⅰ.
Requirements for Disciplinary Action 286
Ⅱ.
Disciplinary action reason 288
Ⅲ.
Disciplinary Procedure 293
Ⅳ.
Enforcement of Discipline 300
V.
Business Suspension Order 303
Chapter 15 Penalties for Violations of the Attorney-at-Law Act 308
Ⅰ.
Article 109-308
Ⅱ.
Article 110-316
Ⅲ.
Article 111-317
Ⅳ.
Article 112-318
V.
Articles 113, 114, 115, and 116 320
Ⅵ.
Article 117-322
Chapter 16: Foreign Legal Consultant System 324
Ⅰ.
Foreign Legal Consultant 324
Ⅱ.
Foreign Legal Consulting Firm 327
Ⅲ.
Rights and Obligations of Foreign Legal Consultants 328
Ⅳ.
Joint Law Firm 330
V.
Disciplinary Action for Foreign Legal Consultants 335
Chapter 17 Ethics of Judges and Prosecutors 338
Ⅰ.
Judge's Ethics 342
Ⅱ.
Prosecutor's Ethics 347
Ⅲ.
Disciplinary Actions against Judges and Prosecutors 352
Appendix … … 357
Case law index… … 429
Chapter 02 Overview of Legal Ethics 12
Ⅰ.
Characteristics of Legal Ethics 12
Ⅱ.
Lawyer Job Stage Regulation System 13
Chapter 03 Status and Duties of Lawyers 16
Ⅰ.
The Lawyer's Mission 17
Ⅱ.
Status of a lawyer 18
Ⅲ.
Lawyer's Duties 20
Chapter 04: Opening and Operating a Law Firm 26
Ⅰ.
Qualifications of a lawyer 26
Ⅱ.
Registration and practice of law 28
Ⅲ.
Opening a law firm 33
Ⅳ.
34 Law Firms Opened by Bar Exam Passers
V.
Office worker 36
Ⅵ.
40 years of membership in the Bar Association
Ⅶ.
Legal Ethics Council 42
Chapter 05 Liability of Law Firms 48
Ⅰ.
Co-working Office 48
Ⅱ.
Establishing and Operating a Law Firm 49
Ⅲ.
Law Firm 58 (Limited)
Ⅳ.
Law Association 60
V.
Basic Ethics of Law Firms, etc. 63
Chapter 06 Attorney-Client Relationship 66
Ⅰ.
The Nature of the Attorney-Client Relationship 68
Ⅱ.
Establishing the Attorney-Client Relationship 70
Ⅲ.
Scope of duties 75
Ⅳ.
Distribution of Powers between Attorney and Client 80
V.
Termination of Attorney-Client Relationship 81
Chapter 07 Attorney's Fees 86
Ⅰ.
The Concept and Classification of Attorney Fees 86
Ⅱ.
Compensation Agreement and Fair Compensation 87
Ⅲ.
Claim for compensation 94
Chapter 08: Basic Duties of Attorneys 110
Ⅰ.
Duty of Good Faith 110
Ⅱ.
Duty of Confidentiality 116
Ⅲ.
Duty of Truth 133
Ⅳ.
Duty to Maintain Dignity 145
Chapter 09 Duties of Attorneys 152
Ⅰ.
General Obligations 152
Ⅱ.
Obligations regarding the appointment book, attorney appointment letter, etc. 156
Ⅲ.
Prohibition of child custody of cases 158
Ⅳ.
Limitation on concurrent employment of lawyers 172
Chapter 10: Duty to Avoid Conflicts of Interest 176
Ⅰ.
Overview of Conflicts of Interest 176
Ⅱ.
Types of Conflicts of Interest 177
Ⅲ.
Conflicts of Interest in Cases Involving Public Officials [Type I] 178
Ⅳ.
Conflicts of Interest Between Client and Attorney [Type II] 192
V.
Conflicts of Interest Between Clients [Type III] 197
Ⅵ.
Restrictions on the Acceptance of Attorneys by Joint Offices and Law Firms [Type IV] 217
Ⅶ.
Sanctions for Violations of Duty 228
Chapter 11 In-House Counsel 234
Ⅰ.
In-house lawyer 234
Ⅱ.
Legal Counsel 242
Chapter 12: Lawyer's Advertisement 246
Ⅰ.
Law 246 Regarding Lawyer Advertising Regulations
Ⅱ.
Contents of Lawyer Advertising Regulations 248
Ⅲ.
Internet Advertising / AI Advertising 271
Ⅳ.
Measures against violations, etc. 272
Chapter 13 Public Service Obligations and Public Defenders 276
Ⅰ.
Regulation 278 on the Obligation to Engage in Public Interest Activities
Ⅱ.
Contents of public interest activity obligation 278
Ⅲ.
Public Defender 280
Chapter 14: Disciplinary Actions against Lawyers 286
Ⅰ.
Requirements for Disciplinary Action 286
Ⅱ.
Disciplinary action reason 288
Ⅲ.
Disciplinary Procedure 293
Ⅳ.
Enforcement of Discipline 300
V.
Business Suspension Order 303
Chapter 15 Penalties for Violations of the Attorney-at-Law Act 308
Ⅰ.
Article 109-308
Ⅱ.
Article 110-316
Ⅲ.
Article 111-317
Ⅳ.
Article 112-318
V.
Articles 113, 114, 115, and 116 320
Ⅵ.
Article 117-322
Chapter 16: Foreign Legal Consultant System 324
Ⅰ.
Foreign Legal Consultant 324
Ⅱ.
Foreign Legal Consulting Firm 327
Ⅲ.
Rights and Obligations of Foreign Legal Consultants 328
Ⅳ.
Joint Law Firm 330
V.
Disciplinary Action for Foreign Legal Consultants 335
Chapter 17 Ethics of Judges and Prosecutors 338
Ⅰ.
Judge's Ethics 342
Ⅱ.
Prosecutor's Ethics 347
Ⅲ.
Disciplinary Actions against Judges and Prosecutors 352
Appendix … … 357
Case law index… … 429
Publisher's Review
Preface to this book
PREFACE
If I could turn back time, I would not have published the book 'Legal Ethics'.
Every year, I become more and more convinced that I have been so bold and fearless in producing books despite my short legal career.
Every time I revisit the professors' excellent books on legal ethics, I wonder if my own book is in line with the purpose of the legal ethics exam.
Still, I find comfort in answering the questions that come pouring in every year before the exam.
If I can help ease the burden of the "Legal Ethics" exam for my juniors who are struggling at the "K-Law School," which is one of the few in the world, I hope they will understand why I, despite my shortcomings, am publishing another book this year.
Thanks to the help of my juniors, I was able to publish the 11th edition of Royers Legal Ethics.
Although it is difficult, I always begin the revision process with a grateful heart.
Although a lot of time has passed, I try not to forget the original intention behind creating the book.
This time, I've organized the book from the perspective of a law student who hasn't majored in law, so that they can prepare for the exam more efficiently and in a shorter period of time.
Having gone through the past few legal ethics exams, where the pass rate has fluctuated greatly, I've often worried that my book might be putting test takers at a disadvantage.
As each year passes, the pressure to create a more perfect study guide grows.
I've revised my book again with these concerns in mind, but even now, as I publish it, I'm filled with anxiety.
This book is for 'students' preparing for the legal ethics exam.
Since the purpose of the book is to be a study guide, there are some parts where the expressions are unrefined or the legal principles are not sophisticated.
I hope that the students taking the exam will be generous in understanding this point.
Another thing I would like to point out is that the theoretical content of this book is based on professors' books and has been compiled by extracting the parts necessary for the exam.
In principle, quotation marks should be included in every sentence, but they were omitted to maximize the functionality of the test book.
I would like to take this opportunity to express my sincere gratitude to the professors for their understanding.
As someone who lacked a foundation in legal ethics, simply reading the professors' excellent books was of immense help.
Due to space constraints, I cannot list all the professors' names, but I would like to express my gratitude for their teachings.
In particular, Professor Jeong Hyeong-geun's 'Commentary on Attorney-at-Law Law' and 'Lectures on Legal Ethics', Professor Hong Gwan-pyo's 'Core Legal Ethics', Professors Kim Geon-ho and Han Sang-gyu's 'Lectures on Legal Ethics', and Seoul Bar Association Attorney Lee Gwang-su's 'Introduction to Attorney-at-Law Law' are very helpful in approaching the deep meaning of the law.
It was helpful.
This book is filled with the efforts of attorneys Choi Woong-gu, Jeong Dong-ju, Yoon Se-hwan, Yang Jun-myeong, and Jo Seong-heon, who filled in the gaps and shortcomings of their seniors who were always full of enthusiasm.
I would like to express my special gratitude to Attorneys Yoon, Yang, and Cho, who joined as co-authors four years ago and who, despite their busy schedules, worked tirelessly to improve the quality of the book.
Having co-authors has helped me give lectures with greater confidence every year.
I would especially like to express my deepest gratitude to Director Song Si-seop and Professor Na Ji-won, who have generously provided guidance and advice to Attorney Yoon and me.
I'm worried that my debt to Researcher Son Young-seon and CEO Hong Jeong-hyeon, who have been supporting me like brothers, is growing.
And to Noh Tae-rim, Jang Jin-woo, Jin Seo-jeong, Kwak Woo-young, Yoon In-sang, Lee Joo-young, Song Chang-geun, Kim Dong-hyun, Kim Eun-taek, Choi In-seong, Ahn Jung-don, and Kim Seung-je, who have worked hard alongside the sensitive instructor 'Hwang Byeon' for the past 11 years.
We wish the following teaching assistants continued success: Gong Tae-hoon, Hong Jeong-heon, Kim Gyu-yeong, Seo Yeong-gi, Kim Ban-seok, Han Jeong-in, Kim Seong-jun, Park Gyu-yeon, Kim Seung-beom, Jeon Won-jin, Ham Yun-sik, Kim Na-eum, Lee Dong-hyeok, Park Jun-hong, Jang Yong-hoon, Park Won-tae, Lee Dong-hyeon, Jeong Yeon-woo, Shin Seung-gyu, Song Eun-ju, Han Jun-yeong, Kim Seon-yeop, Jo Seong-yoon, and Kwon Hye-yeong.
And I would like to express my apologies and gratitude to 'Our Hwangbyeon Family' who corrected the errors and typos in the book.
I would like to express my deepest gratitude to my mentor, Jae-Mok Lee, as well as to Attorney Chang-Seon Hwang, Prosecutor Hye-Yun Chu, Attorney Cheol-Seong Ham, and Attorney Jong-Wook Yoon, who have been my eternal mentors.
I would also like to express my gratitude to the staff of Sidaeinjae Law School, as well as to reporter Lee Seong-jin, team leader Lee Myeong-shin, and teacher Kim Ji-young of the Law Journal, who provided the opportunity to develop the legal ethics exam preparation materials into books and lectures.
I have been happily working in a studio and research lab for the past three years.
Through this book, I express my gratitude and respect to Chairman Yoon Chun-gye and President Jeong Su-yeon of Yoonjung Construction, who created an environment in which I could grow!
Finally, I would like to express my love to Jun-kyung, who grew up more ethically than his father, Jun-seo, who is much more attractive than his father, and his wife, who always patiently embraces her husband who makes many mistakes.
I hope this book will help you study 'Legal Ethics' and help you part ways with this subject comfortably before becoming a lawyer. I look forward to meeting you as colleagues in the legal profession soon.
PREFACE
If I could turn back time, I would not have published the book 'Legal Ethics'.
Every year, I become more and more convinced that I have been so bold and fearless in producing books despite my short legal career.
Every time I revisit the professors' excellent books on legal ethics, I wonder if my own book is in line with the purpose of the legal ethics exam.
Still, I find comfort in answering the questions that come pouring in every year before the exam.
If I can help ease the burden of the "Legal Ethics" exam for my juniors who are struggling at the "K-Law School," which is one of the few in the world, I hope they will understand why I, despite my shortcomings, am publishing another book this year.
Thanks to the help of my juniors, I was able to publish the 11th edition of Royers Legal Ethics.
Although it is difficult, I always begin the revision process with a grateful heart.
Although a lot of time has passed, I try not to forget the original intention behind creating the book.
This time, I've organized the book from the perspective of a law student who hasn't majored in law, so that they can prepare for the exam more efficiently and in a shorter period of time.
Having gone through the past few legal ethics exams, where the pass rate has fluctuated greatly, I've often worried that my book might be putting test takers at a disadvantage.
As each year passes, the pressure to create a more perfect study guide grows.
I've revised my book again with these concerns in mind, but even now, as I publish it, I'm filled with anxiety.
This book is for 'students' preparing for the legal ethics exam.
Since the purpose of the book is to be a study guide, there are some parts where the expressions are unrefined or the legal principles are not sophisticated.
I hope that the students taking the exam will be generous in understanding this point.
Another thing I would like to point out is that the theoretical content of this book is based on professors' books and has been compiled by extracting the parts necessary for the exam.
In principle, quotation marks should be included in every sentence, but they were omitted to maximize the functionality of the test book.
I would like to take this opportunity to express my sincere gratitude to the professors for their understanding.
As someone who lacked a foundation in legal ethics, simply reading the professors' excellent books was of immense help.
Due to space constraints, I cannot list all the professors' names, but I would like to express my gratitude for their teachings.
In particular, Professor Jeong Hyeong-geun's 'Commentary on Attorney-at-Law Law' and 'Lectures on Legal Ethics', Professor Hong Gwan-pyo's 'Core Legal Ethics', Professors Kim Geon-ho and Han Sang-gyu's 'Lectures on Legal Ethics', and Seoul Bar Association Attorney Lee Gwang-su's 'Introduction to Attorney-at-Law Law' are very helpful in approaching the deep meaning of the law.
It was helpful.
This book is filled with the efforts of attorneys Choi Woong-gu, Jeong Dong-ju, Yoon Se-hwan, Yang Jun-myeong, and Jo Seong-heon, who filled in the gaps and shortcomings of their seniors who were always full of enthusiasm.
I would like to express my special gratitude to Attorneys Yoon, Yang, and Cho, who joined as co-authors four years ago and who, despite their busy schedules, worked tirelessly to improve the quality of the book.
Having co-authors has helped me give lectures with greater confidence every year.
I would especially like to express my deepest gratitude to Director Song Si-seop and Professor Na Ji-won, who have generously provided guidance and advice to Attorney Yoon and me.
I'm worried that my debt to Researcher Son Young-seon and CEO Hong Jeong-hyeon, who have been supporting me like brothers, is growing.
And to Noh Tae-rim, Jang Jin-woo, Jin Seo-jeong, Kwak Woo-young, Yoon In-sang, Lee Joo-young, Song Chang-geun, Kim Dong-hyun, Kim Eun-taek, Choi In-seong, Ahn Jung-don, and Kim Seung-je, who have worked hard alongside the sensitive instructor 'Hwang Byeon' for the past 11 years.
We wish the following teaching assistants continued success: Gong Tae-hoon, Hong Jeong-heon, Kim Gyu-yeong, Seo Yeong-gi, Kim Ban-seok, Han Jeong-in, Kim Seong-jun, Park Gyu-yeon, Kim Seung-beom, Jeon Won-jin, Ham Yun-sik, Kim Na-eum, Lee Dong-hyeok, Park Jun-hong, Jang Yong-hoon, Park Won-tae, Lee Dong-hyeon, Jeong Yeon-woo, Shin Seung-gyu, Song Eun-ju, Han Jun-yeong, Kim Seon-yeop, Jo Seong-yoon, and Kwon Hye-yeong.
And I would like to express my apologies and gratitude to 'Our Hwangbyeon Family' who corrected the errors and typos in the book.
I would like to express my deepest gratitude to my mentor, Jae-Mok Lee, as well as to Attorney Chang-Seon Hwang, Prosecutor Hye-Yun Chu, Attorney Cheol-Seong Ham, and Attorney Jong-Wook Yoon, who have been my eternal mentors.
I would also like to express my gratitude to the staff of Sidaeinjae Law School, as well as to reporter Lee Seong-jin, team leader Lee Myeong-shin, and teacher Kim Ji-young of the Law Journal, who provided the opportunity to develop the legal ethics exam preparation materials into books and lectures.
I have been happily working in a studio and research lab for the past three years.
Through this book, I express my gratitude and respect to Chairman Yoon Chun-gye and President Jeong Su-yeon of Yoonjung Construction, who created an environment in which I could grow!
Finally, I would like to express my love to Jun-kyung, who grew up more ethically than his father, Jun-seo, who is much more attractive than his father, and his wife, who always patiently embraces her husband who makes many mistakes.
I hope this book will help you study 'Legal Ethics' and help you part ways with this subject comfortably before becoming a lawyer. I look forward to meeting you as colleagues in the legal profession soon.
GOODS SPECIFICS
- Date of issue: July 21, 2025
- Page count, weight, size: 432 pages | 210*260*30mm
- ISBN13: 9791173840425
- ISBN10: 1173840427
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