Chapter 5 Attorneys' Rights and Obligations
Unless adequately excused by good cause, an attorney must fulfill and complete all duties assigned by any court or prosecutor pursuant to law.
An attorney should diligently investigate facts and collect evidence for all legal affairs retained by others.
Unless adequately justified by good cause, an attorney having accepted retainer shall not terminate the retainer agreement on his/her part. If the attorney seeks to terminate the retainer agreement, he/she shall notify his/her client by a reasonable period of time, take necessary steps to prevent any damage to the rights and interests of any related parties, and return any portion of the remuneration that is not commensurate with his/her work.
An attorney is liable for compensation for any losses incurred by his/her client or any related parties arising from his/her negligence or lack of due diligence.
An attorney shall be prohibited from accepting following cases in the following situations:
1. Where he/she or another attorney in his/her firm has previously accepted retainer from any party which is adversary to his/her or their client, or else he/she or they had given counsel to or otherwise rendered assistance to said adversary.
2. Where any subject matter had been previously handled by the attorney while he/she was acting as a judge, prosecutor or other public officials, or was engaged to exercise public power;
3. Any case which had once been handled by the attorney in the capacity of an arbitrator in an arbitration proceeding;
4. Any case which had once been handled by the attorney in the capacity of a mediator pursuant to law; and
5. Any case which had once been handled by the attorney in the capacity of a guardian in a family case proceeding pursuant to law.
Under the circumstance specified in Subparagraph 1 of the preceding paragraph, such attorney may still be retained upon the written consent of all parties whose interests may be affected.
An attorney should refuse a request from a client that involves breach of law or other acts forbidden in his/her practice of law.
An attorney should be respected when performing his/her duties in court or in any investigation.
An attorney should follow court or investigation court order when carrying out his/her duty in court or in any investigation.
An attorney shall have the rights and obligation to keep confidential any secret coming to his/her knowledge as a result of performing his/her duties, unless otherwise provided by law.
An attorney should participate in legal aid, legal services for the general public, or other charitable activities in society.
The types of, minimum hours for, method of, handling procedures for violation of, and other matters regarding the charitable activities in which attorneys should participate mentioned in the preceding paragraph should be formulated by the National Bar Association in consultation with the Ministry of Justice and each local bar association, and reported to the Ministry of Justice for reference.
An attorney shall not engage in fraudulent or beguiling acts towards his/her client, the court, prosecution agencies or judicial police.
An attorney shall not engage in any acts that may harm his/her reputation or credibility as an attorney.
An attorney shall not instigate any lawsuit or solicit business by exaggerated or improper means.
The restriction on the business solicitation mentioned in the preceding paragraph should be formulated by the Attorneys' Code of Ethics.
An attorney shall not be concurrently employed by the government, unless holding temporary positions in a central or local authority, or unless otherwise specifically provided by other laws.
An attorney may not perform his/her duties when acting as elected representatives of the central government or any local government of any level.
An attorney should not engage in any profession that may damage his/her dignity or reputation as an attorney.
An attorney should not engage in improper behavior or violate their professional responsibility in handling any cases where he/she has accepted retainer or appointment, or are handling according to a government request.
An attorney shall not engage in any improper social activities with any judicial officers and judicial police.
An attorney shall not, either directly or indirectly, receive any right or subject matter at issue between or among the parties by taking advantage of his/her duties.
An attorney shall not engage in court procedures, appeals, defenses or other malicious litigation on behalf of his/her client based on obviously groundless reasons.
An attorney shall explicitly disclose to his/her client the calculation method and amount of the remuneration to be received.
Chapter 6 Law Firms
Law firms should be categorized into the following four types:
1. Sole-proprietorship attorney or law firm;
2. Co-location attorney or law firm;
3. Partnership attorney or law firm; and
4. Incorporated attorney or law firm.
The sole-proprietorship attorney or law firm referred to in Subparagraph 1 of the preceding paragraph means a law firm set up by one single attorney.
The co-location attorney or law firm referred to in Subparagraph 2 of Paragraph 1 hereof means a law firm in which two or more attorneys share an office and the name of the firm, but carry on their own business and assume their respective liability.
The partnership attorney or law firm referred to in Subparagraph 3 of Paragraph 1 hereof means a law firm in which two or more attorneys are jointly and severally liable for the execution of the firm’s businesses two or more attorneys are jointly and severally liable for according to the provision regarding partnership in the Civil Code.
The incorporated attorney or law firm referred to in Subparagraph 4 of Paragraph 1 hereof should be otherwise provided by law.
Where sole-proprietorship and co-location attorneys or law firms use any names or signs that may mislead others into believing that they are partnership attorneys or law firms, all attorneys in such firms shall be jointly and severally liable for the execution of the firm’s business in accordance with the provisions regarding partnership in the Civil Code.
Partnership attorneys or law firm shall report the name(s) of their partner(s) or any change thereto to the National Bar Association.
The National Bar Association should make a proper disclosure of the matters specified in the preceding paragraph.