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Chapter Law Content

Title: Attorney Regulation Act CH
Category: Ministry of Justice(法務部)
Chapter 4 Performance of Legal Practice
Article 19
Those who have received their attorney license and been admitted to a local bar association and the National Bar Association may practice law in the territory of the Republic of China in accordance with this Act.
Article 20
Except in the region where the local bar association to which an attorney is admitted is located, an attorney shall pay a national or cross-regional legal practice fee for being engaged to handle any legal affairs pending in any court, prosecutors' office and judicial police authority.
The relevant procedures for, fees payable for or items of, amounts of, ways of fee collection for, discount terms and conditions for pro bono cases for, and other relevant matters in relation to the national or cross-regional legal practice shall be formulated by the National Bar Association through its charter.
Where an attorney fails to pay any national or cross-regional legal practice fee in accordance with Paragraph 1 hereof, the National Bar Association or the local bar association may deal with such failure in the following ways:
1. Where the attorney to whom a demand is issued still fails to pay such fee within the deadline, the bar association may deem him/her to violate this Act and therefore impose a late payment fee in the amount not more than ten times the unpaid fee payable by such attorney; or
2. Other manners of handling in accordance with the charter of the National Bar Association or the Attorneys' Code of Ethics.
Courts and prosecutors' offices of each level shall assist with the audit by the bar association of any failure to pay any national or cross-regional legal practice fees set forth in Paragraph 1 hereof; the manners of such assistance shall be determined by the Ministry of Justice by consulting the Judicial Yuan, the bar association and relevant authorities.
Article 21
An attorney may engage in legal practice when so retained by a client.
An attorney's legal practice includes, but is not limited to, handling trademarks, patents, commercial and industrial registrations, land registrations, immigrants, employment services and other legally permissible law related matters.
An attorney, in the course of his/her legal practice, shall in all circumstances observe and abide by relevant laws and regulations.
Article 22
An attorney shall participate in on-the-job continuing legal education as required during his/her legal practice.
The continuing legal education stated in the preceding paragraph shall be organized by the National Bar Association or a local bar association; the implementation, minimum course hours, subjects, charges, re-taking of courses, effect of violations of rules, handling procedures and other relevant matters of, for or relating to such continuing legal education shall be formulated by the National Bar Association and be reported by the National Bar Association to the Ministry of Justice for reference.
Where any attorney is in serious violation of the rules regarding the minimum continuing legal education hours or subjects set forth in the preceding paragraph, the National Bar Association may submit a request to the Ministry of Justice to suspend his/her practice of law; such attorney required to suspend his/her practice of law, after re-taking the continuing legal education, may request the National Bar Association to report to the Ministry of Justice for approval of resumption of his/her legal practice.
Attorneys taking courses in professional fields may apply to the National Bar Association for certificates of taking professional field courses.
The subjects, procedures and requirements for such application, expiration, fee and other matters of or in connection with the professional fields set forth in the preceding paragraph shall be formulated by the National Bar Association, and be reported by the National Bar Association to the Ministry of Justice for reference.
Article 23
Attorneys who are employed exclusively by legal persons or foundations under employment or retainer relationship to practice law are defined as in-house attorneys.
In-house attorneys shall join the local bar association of the place where they are employed; if there is no local bar association in the place where they are employed, they shall join a neighboring local bar association at their option.
Article 23-1
An attorney who handles legal affairs in the manner of a lawyer, exclusively for government agencies (organizations), or public schools, is a public attorney.
A public attorney should join the local bar association in the community where the agency (organization) or public school of his or her employment is located; if there is not a local bar association in the community where the agency (organization) or public school of his or her employment is located, he or she should then join the bar association of the nearest community.
A public attorney may act as an agent ad litem for a government agency (organization) or public school, and may act as an agent ad litem or defender, pursuant to the provisions of the Civil Service Protection Act, for a public official in a lawsuit involving the performance of the said official's duties.
Article 24
An attorney, except for an in-house attorney and a public attorney, should establish a principal law firm and join the local bar association in the place where such principal law firm is located as its general member; if there is no local bar association in the place where such principal law firm is located, such attorney shall join a neighboring local bar association at his or her option.
In the case specified in the preceding paragraph, any attorney who is incorporated into the region of a specific local bar association in accordance with Paragraph 1 of Article 51 of this Act after the implementation of this Act as amended on December 13, 2019 and has established a principal law firm in such region before the implementation of this Act as amended on December 13, 2019 may join either such local bar association or the local bar association in the proximity of his or her principal law firm as its general member.
An attorney may establish branch law firms outside the region of the local bar association in the place where the principal law firm is located.
An attorney may establish only one law firm in the region of each local bar association, and should not establish another law firm in other names.
Any attorney who establishes or changes a law firm or a branch law firm shall register with the National Bar Association through each corresponding local bar association within ten days of such establishment or change.
The items or changes that should be registered with respect to the law firm and branch law firm said in the preceding paragraphs shall be formulated by the Taiwan Bar Association and be reported by the Taiwan Bar Association to the Ministry of Justice for reference.
The Taiwan Bar Association shall submit the information mentioned in Paragraph 5 hereof to the Ministry of Justice.
Article 25
At least one resident attorney at the branch law firm mentioned in the preceding Article shall join the local bar association in the place where such branch law firm is located as its general member; if there is no local bar association in the place where such branch law firm is located, such attorney shall join a neighboring local bar association at his/her option.
The resident attorney shall not establish other law firms or act as the resident attorney of other branch law firms.
An employed attorney shall be considered to work for the law firm employing him/her, except for the situation specified in Paragraph 1 hereof.
Article 26
Any process to an attorney should be served on his/her principal law firm, unless he/she otherwise specifies the place for service of process.
Article 27
The Taiwan Bar Association and each local bar association should prepare an individual member roster specifying the following information:
1. Attorney’s name, gender, date of birth, number of identification documentation and domicile address;
2. Attorney’s License Number;
3. Summary of education and professional experience;
4. Name, address, email address and telephone number of the principal law firm, the legal person employing an in-house attorney or the agency (organization) or public school employing a public attorney;
5. Date of admission to the bar association; and
6. Prior disciplinary action(s);
The Taiwan Bar Association and each local bar association should make the member roster referred to in the preceding paragraph available to the general public for browsing by telecommunications, the Internet or other means the member roster referred to in the preceding paragraph, except for attorneys' date of birth, number of identification documentation and domicile address.
The Taiwan Bar Association should prepare a group member roster specifying the following information:
1. Name and address; and
2. Representative.
Article 28
A judicial officer or a public attorney shall not practice in the same court jurisdiction, prosecutors office, government agency (organization) or public school in which they served to perform the duties of an attorney for a period of three years after resigning their judicial post. An exception to this provision exists if the person has been suspended, voluntarily suspended or transferred from their judicial office for the past three years.
After completing such service, the said personnel in the preceding paragraph may then be employed by the court, prosecutors office, government agency (organization) or public school, in which he or she served to perform the duties of an attorney; the provisions of the preceding paragraph do not apply when the said personnel performs his or her duties of an attorney in another agency (organization) or public school.
Article 29
An attorney shall not engage in any lawsuits in any court where he/she is related as husband and wife, or blood relations within the fifth level, or matrimonial relatives within the third level to the Head of the Court.
Where an attorney and the Chief Prosecutor have any familial relationship stated in the preceding paragraph, such attorney shall not engage in any criminal lawsuits in such prosecutors' office and the corresponding court, neither shall he/she engage in any civil lawsuits in which the prosecutors' office or the prosecutor is a party or a participant.
An attorney should recuse himself/herself from acting as legal representative in any lawsuit where he/she has the familial relationship set forth in Paragraph 1 hereof with the judge, prosecutor, judicial associate officer, judicial associate officer, judicial police officer or judicial police involved with such lawsuit.