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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국외국어대학교 법학연구소 외법논집 외법논집 제34권 제4호
발행연도
2010.1
수록면
209 - 222 (14page)

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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

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