#1. Attorney A received a 20 million won retainer from the client but delayed drafting the power-of-attorney contract. A did not review the investigative records and neglected the case. The evidence the client sent was lost in its original form, and A lied about being hospitalized and failed to appear at the witness examination date. Attorney A was expelled.
#2. Attorney B used an online platform to take on many cases at a price significantly lower than other lawyers, then provided incorrect legal advice or did no work at all. When the client demanded a refund of the retainer, B threatened to file a complaint for obstruction of business. Attorney B was suspended for one year.
The Ministry of Justice said on the 9th that competition among lawyers has intensified, leading to more cases of improper advertising or failing to perform duties properly, and that it is strengthening investigations and discipline.
The attorney disciplinary process begins with the filing of a petition by a client or others. After a local bar association investigates the case, the Korean Bar Association's disciplinary committee reviews it and decides whether to impose discipline and at what level. A lawyer who objects to the result may file an objection with the Ministry of Justice's Attorney Disciplinary Committee. The committee re-reviews the case and may dismiss the objection or change the level of discipline.
Disciplinary cases for advertising rule violations filed with the Ministry of Justice's Attorney Disciplinary Committee surged from 1 case in 2021 (10 in total) to 88 cases last year (124 in total). Of the 114 cases currently pending before the committee, 79 involve advertising rule violations.
A significant number of cases involve advertising that leads clients to have unreasonable expectations. Attorney C entered into a retainer contract in a group chat room of people involved in legal disputes, saying, "The chance of winning is over 90%, and for damages we expect a 99% win." The case lost across the board.
Some emphasize "jeongwan yewoo." A law firm employing former judges, prosecutors, and police officers advertised itself as "Attorney D firm with jeongwan yewoo." The Ministry of Justice's Attorney Disciplinary Committee conducted an additional investigation and decided that advertising "the résumé of a former official attorney" constitutes an ad that implies improper influence.
The Ministry of Justice had judged whether to discipline attorneys based only on records forwarded by the national bar association, but recently formed a dedicated team to investigate and review cases. It is reviewing matters from basic fact-finding to restoring client harm.
For attorneys who have caused clients serious psychological or property damage, authorities are maintaining heavy penalties such as suspension and expulsion through strict sentencing judgments. The disciplinary committee, which convened about three times a year, increased that to six this year.
Attorneys disciplined by the Ministry of Justice's Attorney Disciplinary Committee may file an administrative lawsuit. A Ministry of Justice official said, "In lawsuits to cancel disciplinary actions filed by accused attorneys, the ministry personally appeared at hearings and submitted numerous briefs, achieving a record of 'zero losses.'"
A Ministry of Justice official said, "We will work to strengthen the Attorney Disciplinary Committee's review capabilities and build a legal market where the public can feel secure."