Goto Main Content
:::

Chapter Law Content

Chapter 2 Qualifications and Training for Attorneys
Article 3
Those who have successfully passed the Bar Examination and completed the Pre-Service Training for Attorneys may apply for and receive an attorney license; provided, however, that in any case set forth in each subparagraph of Paragraph 1 of Article 5 hereof, they shall not be allowed to apply for and receive the attorney license.
The Pre-Service Training for Attorneys referred to in the preceding paragraph may be substituted by any of the following experiences:
1. The applicant has previously served as a chief, senior, or junior judge or prosecutor for at least two years within the Republic of China; or
2. The applicant has previously served as a government-appointed Public Defender, a military judge or a military prosecutor for not less than 6 years in total within the Republic of China.
Those without an attorney license shall not use "Attorney" in their title.
Article 4
The Pre-Service Training for Attorneys shall be organized by the National Bar Association.
The period, time, manners and other matters of or in connection with the training program referred to in the preceding paragraph shall be determined by the National Bar Association and then reported to the Ministry of Justice for reference; however, matters relating to training dismissal, suspension, and resumption as well as fee collection shall be drafted by the National Bar Association and then reported to the Ministry of Justice for approval.
Article 5
An applicant shall not be awarded an attorney license under any of the following circumstances:
1. He/she has been convicted of a crime and been sentenced to a term of imprisonment of longer than one year, which crime is determined to damage his/her reputation as an attorney in view of the criminal offense and seriousness, unless he/she has been put on probation, which has not been revoked after the expiration thereof, or unless he/she commits the crime as a result of negligence;
2. He/she has been disbarred for a cause enumerated in this Act;
3. He/she who used to serve as a judge or a public prosecutor has been removed from judge or public prosecutor duties in accordance with the Judges Act and lost civic servant appointment qualifications;
4. He/she who used to serve as a judge or a public prosecutor has been dismissed as a judge or a public prosecutor in accordance with the Judges Act;
5. He/she who used to be a civil servant is still subject to dismissal disposition prior to the expiration thereof, or he/she who is currently a civil servant is still subject to a period of suspension or suspension without pay prior to the expiration thereof;
6. He/she has been declared bankrupt, with resolution still pending.
7. He/she has become subject to the order of the commencement of guardianship or assistantship and the order has not been revoked; or
8. He/she practices law in a way that seriously violates laws to the detriment of judicial integrity or independence of his/her practice as an attorney.
In the case of any circumstances set forth in Subparagraph 1 to Subparagraph 8 of the preceding paragraph, the Ministry of Justice should consult the National Bar Association.
Article 6
Those who apply for an attorney license shall submit an application and relevant supporting documents to the Ministry of Justice; after reviewing and approving such application, the Ministry of Justice will issue them an attorney license.
Article 7
Where an applicant applying for an attorney license is convicted of corruption, bribery, embezzlement, fraud or breach of trust for which the maximum principal punishment is an imprisonment of not less than five years, or an offense for which the minimum principal punishment is an imprisonment of not more than one year, and a prosecution is initiated by a public prosecutor, the Ministry of Justice may hold off on reviewing his/her application; provided, however, that the above shall not apply where the case which he/she is involved in has been adjudicated or he/she has been found not guilty subsequently, or the offense he/she committed is not among the ones set forth in this Article.
Article 8
The Ministry of Justice shall make a decision to approve or dismiss the application for an attorney license within three months from the acceptance of such application, except under any of the circumstances stated in the preceding Article. Such decision may be extended once for a period no longer than three months if necessary.
The applicant should be notified to the said extension set forth in the preceding paragraph.
Article 9
The Ministry of Justice shall revoke the attorney license of an applicant who, after being granted the attorney license, is found to have been under, any of the circumstances referred to in all subparagraphs of Paragraph 1 of Article 5 hereof that exists prior to such grant of the attorney license, unless such circumstance set forth in Subparagraph 5 to Subparagraph 7 of said paragraph no longer exists in respect of the applicant prior to such revocation.
The Ministry of Justice shall cancel the attorney license of an attorney who, after being granted the attorney license, is found to have been under, any of the circumstances referred to in all subparagraphs of Paragraph 1 of Article 5 hereof.
The Ministry of Justice shall order an attorney to stop practicing law who, is found to have been under any of the following conditions after being granted an attorney license:
1. He/she meets any of the conditions set forth in Subparagraph 5 to Subparagraph 7 of Paragraph 1 of Article 5; or
2. Judging from objective circumstances, he/she becomes incapable of practicing law due to certain physical or mental issues, and the same determination is also made by a panel of professional doctors invited by the Ministry of Justice.
The attorney subject to such suspension of legal practice referred to in the preceding paragraph may apply to the Ministry of Justice for resumption of legal practice after the cause for such suspension no longer exists.
The Ministry of Justice shall, within two years after the implementation of the amendment to this Act dated December 13, 2019, cancel the attorney license of an attorney who has met the condition set forth in Subparagraph 1 of Paragraph 1 of Article 5 prior to such implementation, unless prior to such implementation, an disciplinary action other than disbarment has been made by resolution of the Attorney Disciplinary Committee toward him/her, or his/her sentence has been fully served for longer than seven years.
Article 10
The Ministry of Justice shall establish the Attorney Qualification Review Committee, responsible for reviewing the issuance, revocation and cancellation of the attorney license and the suspension and resumption of legal practice by attorneys.
The Attorney Qualification Review Committee shall be composed of the Deputy Minister of the Ministry of Justice, the Director-General of the Department of Prosecutorial Affairs, a judge from the Supreme Administrative Court, a judge from the Supreme Court, a public prosecutor from the High Prosecutor's Office, four attorneys, and two scholars or experts, with the convener being the Deputy Minister of the Ministry of Justice.
The rules for the term of office, method of selection, reviewing procedures for or relating to the members said in the preceding paragraph, as well as other relevant matters, shall be formulated by the Ministry of Justice.