Administrative fines upheld for law firm heads who advertised “lawyers benefiting from former-official privilege”; court says they “cannot evade responsibility”

[Financial News] The managing attorneys of a law firm disciplined over advertisements touting “lawyers with former-official backgrounds” and “lawyers benefiting from preferential treatment for former officials” sued to have the sanctions overturned, but the court rejected their case.
According to legal circles on the 10th, the Seoul High Court’s Administrative Division 4-3 ruled against the managing attorneys of Law Firm A in their appeal seeking to overturn a disciplinary decision by the Ministry of Justice Lawyers Disciplinary Committee. The first-trial ruling was also upheld.
In 2024, Law Firm A received a corrective recommendation from the Korean Bar Association for using the phrases “team of lawyers with former-official backgrounds” and “lawyers benefiting from preferential treatment for former officials,” as well as information on whether free legal consultations were available, in its advertising. The rules on lawyer advertising prohibit ads that cite work experience at institutions such as courts and prosecutors’ offices in a way that could mislead people into thinking the lawyer can exert improper influence over the handling of a case.
The Ministry of Justice Lawyers Disciplinary Committee voted to discipline the managing attorneys and, following a mediation process, imposed administrative fines of 8 million won each on two of them. The other managing attorneys received reprimands or administrative fines of up to 1 million won.
The managing attorneys filed suit, arguing that the firm had a separate attorney responsible for advertising, yet held all its managing attorneys liable without examining whether they had been involved in the ads.
The court held that appointing an attorney responsible for advertising does not absolve the managing attorneys of responsibility. It found that, because a law firm’s advertising is closely tied to its business operations and the resulting benefits accrue to its members, the managing attorneys also share authority and responsibility for carrying out and overseeing the advertising.
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