Goto Main Content
:::

Chapter Law Content

Title: Attorney Regulation Act CH
Category: Ministry of Justice(法務部)
Chapter 3 Admission to and Removal from the Bar Association
Article 11
In accordance with this Act, those who wish to practice law may select only one local bar association as the local bar association to which they belong, and at the same time apply for admission to such local bar association and the National Bar Association as a general member of such local bar association and an individual member of the National Bar Association.
Attorneys, in addition to selecting the local bar association to which they belong, may also apply for admission to other local associations as their special member. The rights and obligations of such special member, unless otherwise provided for in this Act or the charter of the local bar associations, shall be the same as those of the general member of such local bar associations.
After accepting the application mentioned in the preceding paragraph, such local bar association shall directly agree upon the same, and such application shall be effective upon application; such local bar association shall further give notice to the applicant, the local bar association to which he/she belongs, and the National Bar Association. Article 12 to Article 16 hereof shall not apply here.
Where special members who exercise their rights of voting, election or recall or who are included in the total number of members present in a meeting exceed one-fourth of the number of rights or that of members present respectively calculated based on the sum of the general members and special members, the total number of such special members should be counted as one-fourth of that of the members; provided, where the charter of the local bar associations provides for any other ratio of the total number of special members, such provision shall prevail.
In the case mentioned in the preceding paragraph, the charter of such local bar associations shall specify how the number of rights that may be exercised by individual special members or that of the special members that may be included in the total number of members present in a meeting shall be calculated by a ratio to the total rights to be exercised or the total number of members present in a meeting.
The general members shall resolve to adopt any adjustment to the ratio to the total number of members, or the calculation of the number of such respective rights to be exercised by special members or the ratio of the special members to be included in the total members present set forth in the proviso of Paragraph 4 hereof and the preceding paragraph.
Article 12
Local bar associations shall agree upon all applications for admission except under any of the following circumstances in respect of the applicant:
1. Any of the circumstances set forth in Paragraph 1 of Article 5 hereof;
2. The applicant has allegedly committed a crime 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 the said crime is indicted by a public prosecutor. However, this restriction does not apply, if the verdict of the case in question is pronounced as, or changed to, not guilty, or if the said crime does not fall under the list in this subparagraph.
3. It has not been five years since the end of any serious violation by the applicant of the Attorneys' Code of Ethics except for the circumstances stated in the preceding two subparagraphs;
4. It has not been five years since the end of any serious violation by the applicant of the Civil Service Act or the Civil Servants' Code of Ethics during his or her period of service as a civil servant except for the circumstances stated in Paragraph 1 and Paragraph 2 hereof;
5. The applicant serves as any civil servant other than the special temporary positions of the central or any local authority. However, this restriction does not apply, if the person has been a public attorney or unless otherwise specially provided for in other laws; or
6. The applicant has been a general member of other local bar association.
After accepting any application for admission by an applicant, local bar associations shall review and decide whether to approve the application and notify the result to the applicant within 30 days of such acceptance. Any failure by local bar associations to make such decision within the stated period shall be deemed to make a decision in favor of the applicant's admission.
Where any document for such application submitted by the applicant is found lacking and may be supplemented, the local bar association shall order the applicant to supplement the application, and the period for such supplement shall not be counted in the review period stated in the preceding paragraph.
Where any failure of the local bar association to carry out such review is due to any act of God or other force majeure events, the review period referred to in Paragraph 2 hereof shall be suspended automatically until the local bar association resume such review.
Article 13
Attorneys that have been admitted to a local bar association upon the review and approval thereof shall become a member of such local bar association and the National Bar Association.
After completing the review of an application for admission, a local bar association shall forward the result of and other information relating to such application to the National Bar Association; where such application is dismissed, the local bar association shall put the reason for such dismissal in writing and submit the same to the National Bar Association for re-examination.
Article 14
Where the National Bar Association determines that the local bar association unreasonably withholds the application for admission, it shall directly make a decision to approve the admission, and the applicant will promptly become a member of such local bar association and the National Bar Association.
In contrast, where the National Bar Association determines that it is reasonable for the local bar association to dismiss the application for admission, it shall make a decision to uphold the original decision.
The National Bar Association shall make a decision about the re-examination of the dismissal of admission by a local bar association and notify the submitting local bar association and the applicant within 30 days from the receipt of such submission.Any failure by the National Bar Association to make such decision within the stated period shall be deemed to make a decision in favor of the applicant's admission.
Where any document for such application submitted by the applicant is found lacking and may be supplemented, the National Bar Association shall order the applicant to supplement the application, and the period for such supplement shall not be counted in the review period stated in the preceding paragraph.
Where any failure of the National Bar Association to carry out such review is due to any act of God or other force majeure events, the review period referred to in Paragraph 3 hereof shall be suspended automatically until the local bar association resume such review.
Article 15
Where either the National Bar Association or any local bar association determines that the original decision in favor of any admission is illegal, it may cancel such decision.
In the case described in the preceding paragraph where any original decision is cancelled by the local bar association, Paragraph 2 of Article 13 hereof and the preceding Article shall apply on a mutatis mutandis basis.
Article 16
Any applicant who intends to challenge the decision on dismissal or cancellation of admission made by the National Bar Association may bring a civil lawsuit for admission to the bar association.
Article 17
Attorneys who has changed the local bar association to which they belong may apply to other local bar association for admission.
When applying for admission under the preceding paragraph, attorneys shall submit the bar admission application and relevant documents and produce the proof of application for withdrawal from the local bar association to which they belong.
The local bar association shall directly approve the application stated in Paragraph 1 hereof upon acceptance thereof and notify the applicant, the original local bar association to which he/she belongs and the National Bar Association; Article 12 hereof shall not apply here.
The approval referred to in the preceding paragraph shall take effect upon application; provided, however, that where the withdraw from the original local bar association to which the applicant belongs takes effect thereafter, such approval shall take effect upon such withdrawal.
Article 18
Attorneys shall apply to the bar association for withdrawal within one month after the date of occurrence of any of the following event; if such application is not made, the bar association shall remove their membership:
1. Their attorney license has been revoked or cancelled, or they have been suspended from legal practice or disbarred, by the Ministry of Justice;
2. The period for suspension of legal practice as penalty has not expired; or
3. They serve as any civil servant other than the special temporary positions of the central or any local authority. However, this restriction does not apply, if the person has been a public attorney or unless otherwise specially provided for in other laws.
In case of death of any attorney, the bar association shall take the initiative to remove his or her membership.