법률가의 협상업무를 위한 법조윤리- 미국 변호사 직무행위표준규칙을 중심으로 -

It is often debated whether the same ethical standards should be applied to lawyers negotiating on behalf of clients. Some might argue that there is no reason for leniency towards negotiating lawyers; others might argue that negotiation process inherently involves lying, misrepresentation and other unethical tactics. As the importance of legal negotiation by lawyers is only recently acknowledged in Korea, there is not enough discussions on negotiation ethics. This article introduces the rules under ABA Model Rules of Professional Conduct relevant to lawyer’s negotiation, and related debates and discussions. There is a conflict between a lawyer’s duty of zealous representation towards her client and a lawyer’s duty of honest and fair dealing. There is a conflict between a lawyer’s duty to disclose certain material facts to the non-client across the negotiation table and her duty of confidentiality towards her client. Discussions in this article would help in establishing Korea’s own rules for lawyer’s negotiation process.