Lawyer Name-Lending: Why “Just Sign and File” Is a Trap

A Request Posted on a Legal Platform

Recently, I came across a request posted on an online legal services platform.

In short, the client wanted the lawyer to do only two things. First, take the briefs the client had written, check them only to the extent of “matching them up with the evidence,” and file them through the e-filing system under the lawyer’s name as counsel of record. Second, appear at hearings as counsel of record. The client would continue, as before, to make the key oral statements in court and to answer the judge’s questions personally. The terms: a KRW 5 million retainer covering [0] briefs and [0] hearing appearances, with an additional KRW [00]0,000 per brief and KRW 1 million per hearing beyond that.

At first glance, this might look like a lottery ticket of a case — a matter that takes almost no work. But in my view, while the request wears the outward form of litigation representation, in substance it is much closer to a request to borrow a lawyer’s name and license. A lawyer who approaches it with the math of “easy work, KRW 5 million upfront” is walking into a textbook risk: alleged violations of the Attorney-at-Law Act, disciplinary action, and potentially civil and criminal liability. Let me walk through why.

Representation in Form, Name-Lending in Substance

The heart of this request is that the client makes and carries out all the real decisions in the case, while the lawyer supplies nothing but a name. The client writes the briefs; the retained lawyer files them under his or her own name without verifying them. The client might try to reassure the lawyer by saying that he will be getting advice from a lawyer he knows personally, so the retained lawyer can simply trust the work and file it. But there is no way to rely on that. The client could just as easily run the briefs through AI, have them written however he likes, and then tell the retained lawyer, “Just file this under your name as if you wrote it.”

When a lawyer files, under his or her own name, briefs written by a third party without reviewing the substance of the case, that conduct can very well be viewed as name-lending in practice. Korea’s Attorney-at-Law Act prohibits lawyers from partnering with non-lawyers and from allowing others to use their name (Article 34), and it imposes criminal penalties for violations (Article 109, among others). This is an entirely different matter from a party handling his or her own case. The law allows parties to represent themselves; what it does not allow is putting a lawyer’s name on a case while someone else actually runs it, because that undermines the very foundation of the legal profession. At a minimum, it is clear that such conduct can be grounds for discipline under the rules of professional ethics.

One more point deserves emphasis. Even if the client and the lawyer agree between themselves that the lawyer will “only file and appear” — that is, file whatever the client sends under the lawyer’s name without reviewing it — in the eyes of the court and the opposing party, the lawyer is still counsel of record with full authority and full responsibility. Privately, the lawyer may think of the job as a mere “filing service,” but to the outside world, he or she is the representative responsible for the entire case.




In Court and on Paper, the Name on the Brief Answers

Once a party retains a lawyer as counsel of record, it is counsel who, as a rule, leads the oral argument. A party who attends may, of course, correct factual statements made by counsel or add his or her own views. But a party who stands a lawyer at his side and then personally presents every legal argument from start to finish is out of step with how the judge manages the proceedings. In an actual courtroom, there is a very good chance the judge will say, “You have retained counsel, so please have your counsel organize and present your position.”

Nor can counsel stand up in court and say, “I am counsel in name only; my client will be doing all the talking.” If the judge asks for clarification on the spot or poses a question about the issues, and counsel cannot answer and has to hand the question off to the client, that lawyer will lose the court’s trust. The appearance becomes a mere formality, and the damage ultimately falls on the case, the client, and the lawyer.

The same is true of the briefs. If a brief written by the client contains defamatory statements about someone else, false facts, or legal errors that are fatal on the merits, the legal and ethical responsibility rests with the lawyer whose name is on it, because it was filed under counsel’s name. The excuse “I just filed what my client wrote” works neither in court nor in a disciplinary proceeding.

There is an even more practical risk. If the case goes badly, the same client who once said, “I’ll write all the briefs — you just put your name on them and file them,” often changes course and sues the lawyer for damages, or files a complaint with the Korean Bar Association, claiming that “we lost because counsel failed to properly review the briefs.” Even though it was the client who proposed the unlawful arrangement in the first place, when things go wrong, the blame lands on “the lawyer who didn’t know the Attorney-at-Law Act and broke it.” And however narrowly the engagement letter defines the scope of work, as discussed above, it cannot narrow the lawyer’s status and responsibility as counsel of record toward the outside world.

Why Do Some Lawyers Accept These Offers?

To be honest, what troubles me more is that there are lawyers who accept offers like this. I would like to ask them whether they truly do not realize that they are, in effect, lending out their name as lawyers. Even a moment’s thought about how dangerous this is should make it clear that this is not a case one can take on lightly.

The United States takes a very strict approach to legal ethics. For example, Rule 11 of the Federal Rules of Civil Procedure (FRCP) treats the very act of a lawyer signing a filing as a certification to the court that, after a reasonable inquiry, its contents are grounded in fact and law. If that certification turns out to be violated, sanctions can be imposed on the lawyer personally. In other words, a signature is not a mere formality; it is a statement of accountability.

In Korea, by contrast, mandatory legal ethics training is often treated as just another box-checking, one-size-fits-all course. As a result, even when lawyers find themselves squarely in a situation that raises an ethical problem, some do not even recognize it as an ethics issue. I believe that is the biggest problem of all.

Before Blaming the Legal Profession

We also need to take a hard look at the culture on the client side. Our society tends not to value lawyers with a strong ethical sense so much as to choose whichever lawyer charges even slightly less. I worry that, as these choices accumulate, the legal market as a whole is gradually losing its ethical standards.

People often say, “Lawyers have ruined this country.” But looking at a case like this, it is hard to say that statement is entirely true. The legal profession did not simply collapse on its own; some clients are actively encouraging lawyers to abandon their ethics and to commit an unlawful act — name-lending. Blaming only those who go along with it, while leaving those who encourage it untouched, is seeing only half of the problem.

That said, none of this makes the lawyer’s responsibility any lighter. When a lawyer receives an offer like this, the right response is not to take the case but to firmly decline it and, if necessary, to raise the issue. Yet because some lawyers do accept these offers, requests like this keep appearing on platforms.

A lawyer’s name is not just a signature. The moment it appears on a brief, the lawyer is promising the court, the opposing party, and the client that he or she will stand behind the contents of that brief and the outcome of the case. A request to borrow only the name, on the premise that the lawyer will not take that responsibility, is not an offer any lawyer can accept, whatever the fee. I would also like to say this to future clients: if you need a lawyer’s help, let the lawyer fully review your case and take responsibility for it. “Name-only representation,” somewhere in between, is never a safe choice — not for the client, and not for the lawyer.

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