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The Lawyers Disciplinary Committee of the Ministry of Justice decided on the 26th that the Korean Bar Association’s disciplinary proceedings against lawyers who joined the legal service platform ‘Rotalk’ should be canceled as it was unfair. Accordingly, the legal dispute against Lotalk by lawyer groups such as the Korean Bar Association and the Seoul Bar Association ended after eight years.
On this day, the Disciplinary Committee of the Ministry of Justice held its third meeting to consider appeals filed by 123 lawyers who had been disciplined by the Bar Association for joining and participating in Rotok and canceling the Bar Association’s disciplinary decision. Among the 123 people, the disciplinary committee issued an unconditional warning to three people who used Rotalk’s ‘sentence prediction service’ and decided not to charge the remaining 120 people.
Law&Company office, operator of the legal service platform ‘Rotalk’, located in Gangnam-gu, Seoul. /News 1
The disciplinary committee decided that some of Lotalk’s operating methods breached the Bar Association’s advertising rules. The Disciplinary Committee decided that although Rotalk’s approach did not amount to ‘direct contact’ between solicitors and consumers, it was in breach of advertising regulations by advertising itself to the extent that it gave the impression that Rotalk had a conflict of interest with lawyers. In addition, the Rotalk sentence prediction service was deemed to be in breach of the regulations as it is a service that ‘advocates to predict the results of court judgments, etc.’ However, the Disciplinary Committee announced that it had decided not to charge, taking into account the fact that many of the lawyers being disciplined by the Bar Association had used Lotalk while the Constitutional Court was reviewing advertising regulations.
The Korean Bar Association, which has defined RoTalk as an ‘illegal service’, amended its lawyer advertising regulations in May 2021 to provide grounds for disciplinary action against lawyers who subscribe to legal platforms such as RoTalk. Last February, 123 lawyers registered with LoTalk were disciplined. The level of disciplinary action varied from a minimum reprimand to a maximum fine of 15 million won, depending on the number of legal consultations each lawyer received. Although the Constitutional Court ruled that this regulation was ‘partially unconstitutional’ in May last year, the Bar Association continued to discipline it, saying, “A decision was made that the core provisions are constitutional.” Lawyers who were disciplined have filed successive appeals with the Ministry of Justice since December last year.
According to the Attorney General’s Law, the Ministry of Justice’s Disciplinary Discussion Committee must make a decision within 3 months of receiving an objection, and if unavoidable circumstances arise, the period can only be extended for 3 months. Nevertheless, the Ministry of Justice only held its first disciplinary committee meeting on 20 July this year, seven months after receiving the objection for the first time. The Ministry of Justice designated the second date as the 6th, saying, “Additional consideration is necessary,” but no conclusion was reached here either, and a conclusion was reached after the third consideration on the 26th. The conclusion was reached nine months after the first objection was received in December last year. One legal expert said, “Even if it is a non-binding regulation, it is unfair that the Ministry of Justice has never held a disciplinary committee meeting within the period specified by law.”
The conflict between Lotalk and the Bar Association continued for eight years. In March 2015, the Seoul Regional Bar Association reported Law & Company, the operator of LoTalk, for violating the Attorney-at-Law Act. The Bar Association also filed a complaint against Lotalk to the same effect the following year. The Korean Bar Association and the Seoul Bar Association argued that Rotok’s approach amounted to ‘an act of arranging or brokering legal matters by a person who is not a lawyer’, which is prohibited by the Attorney General’s Act. However, the prosecution rejected both charges. In 2020, the Literary Defense Lawyers Association, which includes members of the Bar Association, filed an additional complaint against Lotalk to the police, but the result was the same. The Bar Association then changed its advertising regulations in 2021 and disciplined lawyers who registered for LoTalk.
Rotalk suffered a major blow to its management during the legal dispute with the Korean Bar Association. From 2021, the number of lawyers who registered for LoTalk fell from around 4,000 to around 2,000 at the end of last year. In addition, in February this year, half of the approximately 100 employees were reduced through voluntary retirement, and a new building was opened in June last year. Rotalk estimates it lost about 10 billion won in sales as a result of the Korean Bar Association’s disciplinary action.
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The Lawyers Disciplinary Committee of the Ministry of Justice decided on the 26th that the Korean Bar Association’s disciplinary proceedings against lawyers who joined the legal service platform ‘Rotalk’ should be canceled as it was unfair. Accordingly, the legal dispute against Lotalk by lawyer groups such as the Korean Bar Association and the Seoul Bar Association ended after eight years.
On this day, the Disciplinary Committee of the Ministry of Justice held its third meeting to consider appeals filed by 123 lawyers who had been disciplined by the Bar Association for joining and participating in Rotok and canceling the Bar Association’s disciplinary decision. Among the 123 people, the disciplinary committee issued an unconditional warning to three people who used Rotalk’s ‘sentence prediction service’ and decided not to charge the remaining 120 people.
Law&Company office, operator of the legal service platform ‘Rotalk’, located in Gangnam-gu, Seoul. /News 1
The disciplinary committee decided that some of Lotalk’s operating methods breached the Bar Association’s advertising rules. The Disciplinary Committee decided that although Rotalk’s approach did not amount to ‘direct contact’ between solicitors and consumers, it was in breach of advertising regulations by advertising itself to the extent that it gave the impression that Rotalk had a conflict of interest with lawyers. In addition, the Rotalk sentence prediction service was deemed to be in breach of the regulations as it is a service that ‘advocates to predict the results of court judgments, etc.’ However, the Disciplinary Committee announced that it had decided not to charge, taking into account the fact that many of the lawyers being disciplined by the Bar Association had used Lotalk while the Constitutional Court was reviewing advertising regulations.
The Korean Bar Association, which has defined RoTalk as an ‘illegal service’, amended its lawyer advertising regulations in May 2021 to provide grounds for disciplinary action against lawyers who subscribe to legal platforms such as RoTalk. Last February, 123 lawyers registered with LoTalk were disciplined. The level of disciplinary action varied from a minimum reprimand to a maximum fine of 15 million won, depending on the number of legal consultations each lawyer received. Although the Constitutional Court ruled that this regulation was ‘partially unconstitutional’ in May last year, the Bar Association continued to discipline it, saying, “A decision was made that the core provisions are constitutional.” Lawyers who were disciplined have filed successive appeals with the Ministry of Justice since December last year.
According to the Attorney General’s Law, the Ministry of Justice’s Disciplinary Discussion Committee must make a decision within 3 months of receiving an objection, and if unavoidable circumstances arise, the period can only be extended for 3 months. Nevertheless, the Ministry of Justice only held its first disciplinary committee meeting on 20 July this year, seven months after receiving the objection for the first time. The Ministry of Justice designated the second date as the 6th, saying, “Additional consideration is necessary,” but no conclusion was reached here either, and a conclusion was reached after the third consideration on the 26th. The conclusion was reached nine months after the first objection was received in December last year. One legal expert said, “Even if it is a non-binding regulation, it is unfair that the Ministry of Justice has never held a disciplinary committee meeting within the period specified by law.”
The conflict between Lotalk and the Bar Association continued for eight years. In March 2015, the Seoul Regional Bar Association reported Law & Company, the operator of LoTalk, for violating the Attorney-at-Law Act. The Bar Association also filed a complaint against Lotalk to the same effect the following year. The Korean Bar Association and the Seoul Bar Association argued that Rotok’s approach amounted to ‘an act of arranging or brokering legal matters by a person who is not a lawyer’, which is prohibited by the Attorney General’s Act. However, the prosecution rejected both charges. In 2020, the Literary Defense Lawyers Association, which includes members of the Bar Association, filed an additional complaint against Lotalk to the police, but the result was the same. The Bar Association then changed its advertising regulations in 2021 and disciplined lawyers who registered for LoTalk.
Rotalk suffered a major blow to its management during the legal dispute with the Korean Bar Association. From 2021, the number of lawyers who registered for LoTalk fell from around 4,000 to around 2,000 at the end of last year. In addition, in February this year, half of the approximately 100 employees were reduced through voluntary retirement, and a new building was opened in June last year. Rotalk estimates it lost about 10 billion won in sales as a result of the Korean Bar Association’s disciplinary action.
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