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Legal Ethics in Cyberspace

  • DONG-A LAW REVIEW
  • 2010, (49), pp.1-30
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Song, Si Seob 1

1동아대학교

Accredited

ABSTRACT

No one can deny the huge effect on the human life introduced by Internet. Internet usage by lawyers is no longer a new topic, too. In the course of increasing number of lawyers using internet for advertising,many unanswered questions which can not be answered by present legal ethics code still remain. The more lawyers want to use cyberspace for their own interests, the more problem would rise and give us lots of questions. Consensus can be developed among bar regulations on some ethical issues that apply to marketing and providing legal services over the Internet. The rapid growth of legal services over the Internet raises serious ethical issues which include: (1) attorney-client relationship, (2)advertisement, (3) referral services and (4) consultation and disclaimer. The answers to these questions are as follows. For attorney-client relationship, the clear and overwhelming consensus of the regulatory bars is that unencrypted e-mail is permissible method for a lawyer to communicate with a client. For advertisement, lawyer's web page is a communication or advertisement subject to the bar's rules concerning advertisement and solicitation. But in the case of lawyers advertising and solicitation rules for the Internet being incapable of keeping pace with the technology. For referral services, in America some state bars prohibit a lawyer from participating in commercial or Internet lawyer referral plans,but other bars, however, permits lawyers to participating ‘for profit’lawyers referral programs, not sponsored or approved by any bar associations. For consultation and disclaimer, many commentators have urged that attorneys with web sites include disclaimers attempting to assert that attorney's web site is not advertising. In Korea, regulations over legal practice of internet are not sufficient,but we may not give up to solve the problem arising in this area. Especially, bar code ruling about the advertisement through internet has been established for treat the urgent issues relating advertising by various means which have not been covered by previous law and regulations. Tasks are not finished at this point and corroborated efforts should be endeavored to these problems that can not be avoided.

Citation status

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