Ban on Using 'Networking Indices' Based on Personal Connections
Ranking Search Results by Advertising Expenditure Also Prohibited
Legal Tech Industry Welcomes the New Guidelines
On May 27, the Ministry of Justice announced and distributed operational guidelines aimed at establishing lawyer search services such as the legal services platform 'LawTalk.' The intention is to resolve social conflicts and confusion such as the 'second LawTalk incident' that may arise due to regulatory gaps. The guidelines prohibit the use of so-called 'networking indices' based on connections with public officials or personal ties, and also ban ranking search results based on the amount lawyers spend on advertising. Both the industry and academia have generally welcomed the new guidelines.
The guidelines, comprising 20 articles, first allow standardized and objective information such as a lawyer's alma mater or bar exam cohort to be used as search criteria. However, they prohibit network-based criteria, such as public official connections or alumni ties, citing concerns over 'preferential treatment for former officials.' The guidelines also restrict 'legal broker-type searches,' which automatically recommend search results based on individual case details, as well as the arrangement of search results.
The guidelines also ban services that differentiate lawyer search exposure based on advertising expenditures, which are used by some platforms such as Naver. While indicating paid memberships is allowed, ranking lawyers based on advertising payments is prohibited, as excessive advertising competition could ultimately increase legal costs for consumers.
Regarding the display of consultation fees and service charges, the guidelines stipulate that only the consultation fee may be shown at the pre-engagement stage, while the actual service charge must not be displayed in advance. This is because it is difficult to calculate a uniform service charge for actual legal services, and advance disclosure could be exploited for low-price marketing. A Ministry of Justice official stated, "These guidelines represent a first step in ensuring that search services enhance access to justice while regulating them so as not to undermine a fair and independent legal order."
The legal tech industry has responded positively to the guidelines. Since the guidelines were introduced following the Ministry of Justice's Disciplinary Committee decision in 2023 to overturn the Korean Bar Association's disciplinary action against lawyers using LawTalk, there is hope that this will mark a turning point in a long-standing conflict.
An official from a legal tech company commented, "It seems the Ministry of Justice has stepped in to strike a balance in line with the advancement of legal service technology and market changes. The guidelines reflect a comprehensive consideration of both consumer benefits through increased transparency in the legal services market and the growth potential of technology companies." Another legal tech company representative added, "With the announcement of these guidelines, we hope that step-by-step guidelines utilizing artificial intelligence (AI) technology will also be established in the future."
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