책임보험소송에서 변호사의 지위와 法曹倫理 － 보험회사, 피보험자, 변호사의 三角關係(tripartite relationship)에 있어서의 利益衝突 -

This article is an comparative study between the United States and Korea on the laws governing lawyers focused on the tripartite relationship among a lawyer, an insured and an insurer in an insurance defense litigation. The author illustrates some insurance defense litigation cases which might create conflict of interest for the attorneys and reviews the reasoning of the theories in the states including two-client theory, one-client theory and the third-party payor theory. The author recommends that Korean law society should establish more concrete and clear rules on this issue to avoid dangers in which many attorneys might fall without fault. The author suggests that it could be mutual interest for all the three parties to promote a policyholder’s right to select an attorney considering fee arrangement system, dispute resolution cultures on insurance cases and malpractice cases in Korea.