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학술논문법학논총2013.06 발행KCI 피인용 2

노인에 대한 법률서비스와 변호사 윤리문제

Lawyer’s Legal Ethics on Elder Clients

장철준(단국대학교); 김주현(서울대학교 사회발전연구소)

37권 2호, 217~236쪽

초록

A variety of welfare policies and regulations for the elderly have been proposed to respond to an aging society. These are understood as more developed version than before because they have been established on a social consensus on the welfare for the elderly. However, the level of welfare is still stagnating at the rudiments for basic protections; so we have long way to go to fulfill sophisticated policies for the elderly’s better life. This article aims to support legal institutions for realizing lawyer’s service for the elderly in an elevated fashion. Particularly, by organizing regulations on lawyer’s professional conducts for the benefit of the elderly, protections for the elderly as increasing customers of legal services can be elevated. The article deals with the lawyer’s ethics codes for elder law practices with the elder clients with diminished capacities. In addition, conflicts of interest is reviewed when the elder client asks a lawyer to represent his or her family together with himself or herself. All these items are discussed on the premise that lawyer’s ethics should be regulated by written codes rather than individual morality.

Abstract

A variety of welfare policies and regulations for the elderly have been proposed to respond to an aging society. These are understood as more developed version than before because they have been established on a social consensus on the welfare for the elderly. However, the level of welfare is still stagnating at the rudiments for basic protections; so we have long way to go to fulfill sophisticated policies for the elderly’s better life. This article aims to support legal institutions for realizing lawyer’s service for the elderly in an elevated fashion. Particularly, by organizing regulations on lawyer’s professional conducts for the benefit of the elderly, protections for the elderly as increasing customers of legal services can be elevated. The article deals with the lawyer’s ethics codes for elder law practices with the elder clients with diminished capacities. In addition, conflicts of interest is reviewed when the elder client asks a lawyer to represent his or her family together with himself or herself. All these items are discussed on the premise that lawyer’s ethics should be regulated by written codes rather than individual morality.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17252/dlr.2013.37.2.010
분류:
법학

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노인에 대한 법률서비스와 변호사 윤리문제 | 법학논총 2013 | AskLaw | 애스크로 AI