辯護士報酬의 現代的 課題

Modern Thesis of Attorney Fee

Unless violating the good morals and manners as well as other social order, the agreement of attorney fee may be freely concluded at the sole discretion of the parties. The issue of excessive attorney fee could be efficiently solved by adopting market principle through basic increment of number of attorneys, thereby preventing monopolistic and oligopolistic price which has prevailed in the market for the benefit of supplier. In the criminal case, the special contract of success fee for attorney should be regarded as invalid in principle. This is because attorney, as an independent judicial institution, should not be affected by factors other than fair performance of the assigned case. Thus, he should be independent from the client and his profit. In this sense, the special contract of success fee shall inevitably infringe such independence of attorney. Meanwhile, in the civil case where success fee for attorney may be actually recognized, it could be recognized in principle, but within reasonable extent. Especially, the special contract of success fee on the family affairs among civil cases is likely to unfairly instigate divorce or separation as well as hinder the reconciliation between the parties. Furthermore, the money to support spouse or children could be unfairly transferred to attorney. Thus, it is required to prohibit the special contract of success fee as well as its judicial effect.