Attorney Regulation Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=I0020006

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Article 1


Attorneys take upon themselves the goals of promoting social justice, protecting human rights, and contributing to democratic
government and the rule of law.
Guided by these professional goals, with the spirit of self regulation and self governance attorneys should strive to faithfully
execute their professional responsibilities, contribute to the preservation of social order, and work towards the improvement of
the legal system.


Article 2


Attorneys should strive to meet the highest standards of ethical conduct, seek to preserve the integrity of the legal profession,
abide by codes of professional ethics and be constantly improving their knowledge of the law.


Article 3


Citizens of the Republic of China (hereinafter “ROC”) who have successfully passed the Attorney Qualification
Examination and completed the requisite New Admittees training programs, may be admitted to the practice of law.
In any of the following situations the requirement for passing the Attorney Qualification Examination shall be waived if the
person is “formally qualified” as 1 to 4 of the following:
1. If the applicant has previously held a position of judge or prosecutor within the ROC;
2. If the applicant has previously held a position of a government-appointed Public Defender for not less than 6 years;
3. If the applicant has graduated from the Department of Law at a State University or an accredited private University, or
College, and has taught in the “Law Department” at either an undergraduate or graduate school, of either a State or
accredited private University or College; and either:
a. has taught “core law subject courses” for at least two years, in the capacity of a full-time professor, or
b. has taught “core law subjects courses” for at least three years, in the capacity of a full-time associate professor,
4. If the applicant has graduated from the Department of Law at a State-run or accredited Private University, or College or has
successfully passed the Military Judge Examination and in addition has, with that qualification, sat as a “Recommendation
Rank” Military Judge for at least 6 years;
Applicants who qualify under clauses 1, 2 and 4 of Article 3 shall have the “New Admittee Training Program” requirement
waived.
The Qualification Procedures for applicants eligible under 1,2, 3, and 4 of Article 3 shall be jointly determined by the
Examination Yuan, the Judicial Yuan and the Executive Yuan.


Article 4


Persons disqualified from practicing law:
1. Any person having been convicted of a crime and been sentenced to a term of imprisonment of greater than one year, said
conviction involving a crime of moral turpitude affecting their moral fitness to practice law and for that reason having been
disbarred by the Attorney Disciplinary Committee. Exceptions to this provision are in the case of those who have been
released on “probation with a suspended sentence where there has been no actual custody sentence served” which has not
been recalled on a termination date, and those whose convictions did involve a “non-intentional” crime.
2. having been disbarred for a cause enumerated in this Act;
3. having been a governmental employee who was subject to a “Dismissal Disposition”, for the period of its effect or a
current government employee who was suspended or fired from their position as a punishment for the period of its effect.
4. having been certified by a teaching hospital to be suffering from a mental disability or other mental impairment that makes
the attorney unable to fulfill their duties;
5. having been declared bankrupt, with resolution still pending.
6. Where the person has become subject to the order of the commencement of guardianship or assistantship and the order has not been cancelled
One who, having been admitted to the practice of law, has been found subject to the conditions of clause 1 or 2 of Article 4,
shall have his/her license to practice law revoked. One who, having been admitted to the practice of law, has been found subject
to the conditions under clauses 3 , 4, 5 or 6, of Article 4 will have his license to practice law suspended.


Article 5


Upon successfully passing the Attorney Qualification Examination application may be made for the issuance of an Attorney
License.


Article 6


Persons applying for an Attorney License shall submit an application and supporting documents to the Ministry of Justice.


Article 7


An attorney may apply for registration with a Court.
Prior to being registered, an attorney must complete a “New Admittees Training Program”. Exempt from this requirement
are former judges, prosecutors, public defenders, and military judges.
The Ministry of Justice will establish the requirements and procedures for the New Admittees Training Programs.The
restarting of suspended, stopped or otherwise interrupted training and other relevant matters of the training mentioned in the
previous clause will be handled by the Ministry of Justice after consultation with the National Bar Association


Article 8


A Roll of Registered Attorneys shall be posted at all courts and Prosecutor Offices of parallel jurisdiction with said courts. The
Roll of Registered Attorneys shall contain the following information:
1. Attorney’s name, sex, age, address;
2. Attorney’s License Number;
3. Summary of education and professional experience;
4. Law firm;
5. Date of registration and registration serial number;
6. Date of admission to Local Bar Association;
7. Prior disciplinary action(s);


Article 9


Attorneys may practice law, after registration per Article 7, in the following agencies' jurisdictions:
1. All courts, prosecutor’s offices, judicial police agency
2. Such other agencies as permitted by law.


Article 10


(repealed)


Article 11


An attorney at law is not entitled to practice until he/she has become a member of a Bar Association. Membership in the Bar
Association is a right for all duly licensed attorneys.
When the number of attorneys registered with any District Court exceeds 15, the attorneys so registered are required to form a
Bar Association. Said Bar Association must be formed within the geographical jurisdiction of that District court. If the
number of registered attorneys in any District Court is less that 15 members those attorneys should in the interim join the Bar
Association in the district closest to them or form a Multi-District Bar Association in cooperation with attorneys from a
contiguous District.
On the motion of at least seven Bar Associations, and as concurred in by a majority of votes in all Bar Associations a National
Bar Association maybe formed.
Only one Bar Association maybe formed for each organizational level or jurisdiction.


Article 12


Regulatory authority over Bar Associations shall lie with local administrative authorities for issues governed by those agencies.
Regulatory authority shall also lie with the Ministry of Justice acting through the prosecutorial agency having jurisdiction
concurrent with the regulated Bar Association.


Article 13


Bar Associations shall designate Board member seats as either “Executive” or “Supervisory”. Board members to fill
both categories of seats shall be elected by the Bar Association membership. The number of each category of board seats shall
be as follows:
1. For a District Bar Association there shall be 3 to 21 Executive Board member seats and 1 to 7 Supervisory Board member
seats;
2. For the National Bar Association there shall be 9 to 35 Executive Board member seats and 3 to 11 Supervisory Board
member seats;
All Bar Association Board member seats shall be elected for a term of three years. Incumbent board members maybe re-
elected for one additional term of office.


Article 14


Bar Associations shall hold one general annual meeting. Extraordinary meetings shall be held upon passage of a motion by
one fifth of the association’s membership, calling for such meeting.
A general annual meeting requires half of that association’s membership to establish a quorum. An exception to this is if the
association has other regulations in their Articles of Incorporation, then they are not limited by the above requirement.
In the exception mentioned immediately above, the members must personally attend, proxy votes are not acceptable.


Article 15


All Bar Associations shall establish and draft Articles of Incorporation, which is to be submitted to the local District Court
Prosecutors Office. That office will forward the documents on to both the Ministry of Justice, and to the competent local
administrative authorities for filing. The same procedures will apply in case of amendment of the Articles of Incorporation.
The National Bar Association should draft Attorney Ethical Rules for approval at their Annual General Meeting. Upon passage
the Attorney Ethical Rules should be forwarded to the Ministry of Justice for filing.


Article 16


Articles of Incorporation of Bar Associations shall include the following clauses:
1. Name and Place of Business;
2. Number of Executive Board member seats and Supervisory Board member seats as well as the number of alternative seats
for each category; the duties and authority of each type of Board member, and the process of election of same.
3. Rules of Order for General Meetings, and both categories of board meetings of both types.
4. Rules for admission and withdrawal of membership;
5. Association Membership fees;
6. Standards for attorney service fees;
7. Ethical rules and disciplinary regulations;
8. Prescribed notices regarding meetings and agendas;
9. Pro bono work;
10. Other clauses necessary for the functioning of the Bar Association.


Article 17


Prior notice of Bar Association meetings shall be made to the competent local administrative authorities and to the District
Court Prosecutor Office having jurisdiction over said Bar Association.
Representatives from agencies having lawful regulatory authority over Bar Associations may be present at meetings mentioned
in the prior paragraph.


Article 18


Where a Bar Association has acted in violation of statute or its Articles of Incorporation, the local regulatory agencies may
impose the following sanctions:
1. Warning;
2. Forcible recantation of the Resolution at issue;
3. Intervention;
4. Dissolution.
Sanctions of “warning” or “forcible recantation of the Resolution at issue” are enforceable by the local Prosecutor Office
having regulatory authority over the Bar Association or a Prosecutors Office of an immediate higher level.


Article 19


Bar Associations shall report to the competent local administrative authorities and District Court Prosecutors Office having
regulatory jurisdiction the following:
1. Complete membership rolls including admission of new members and withdrawal of members;
2. Results of all board elections including names of all board members;
3. Date, time, and place of all official meetings including General Meetings, Executive Board Meetings, Supervisor Board
Meetings, and minutes of proceedings;
4. Contents of motions, resolutions.
The District Court Prosecutors Office upon receipt of such reports shall forward them to the Ministry of Justice.


Article 20


An attorney may engage in the practice of law when so employed by a client or appointed by a court. The practice of law
includes, but is not limited to: handling trade marks, patents, commercial and industrial registrations, land registrations and
other legally permissible law related business.
An attorney in the course and scope of his/her practice shall in all circumstances observe and abide by relevant statutes. Failure
to do so shall make the attorney liable for the penalties set by law.


Article 20-1


An attorney may employ a non-citizen as an assistant or a consultant. The regulations governing the requirements for granting
approval of such employment and administrative matters connected with such employment shall be established by the Ministry
of Justice in association with the Council of Labor Affairs, the Executive Yuan.


Article 21


Upon establishing a law firm, the attorney should join the local bar association in that jurisdiction. Attorneys shall notify the
District Court and the District Court Prosecutors Office in that jurisdiction of the address of the attorney’s place of business.
No attorney shall not maintain more than one place of business nor is any form of branch offices permitted within one
jurisdiction, and should not establish another law firm under another name.
When an attorney registers the attorney should notify the National Bar Association of the location of the firm.


Article 22


Unless adequately excused by good cause an attorney must fulfill and complete all lawful court assignments.


Article 23


Once an attorney has accepted representation or upon appointment by the court, or asked by a governmental agency; they
should diligently and competently handle the case. This includes diligently uncovering facts and evidence in support of the
client’s case.


Article 24


Unless adequately justified by good cause, an attorney having accepted representation shall not withdraw from representation.
If the attorney seeks to withdraw from representation he/she must notify the client not less that 10 days prior to the date of trial,
or before the investigation inquiry begins. The attorney is not relieved from representation until consent to withdraw is
obtained from the client.


Article 25


An attorney is liable for damages and compensation to a client for losses incurred due to professional malpractice, professional
negligence and or lack of due diligence.


Article 26


An attorney is prohibited from accepting representation in the following situations:
1. instances where he/she or another attorney in his firm has previously accepted employment from a party which is a
respondent party to his or their potential client, or else he or they had given counsel to or otherwise rendered assistance to said
respondent party.
2. instances where a subject matter had been previously handled by the attorney while he was acting as a judge, prosecutor,
judicial officer or judicial police;
3. a case which had once been handled by the attorney in the capacity of an arbitrator in an arbitration proceeding.
An attorney should refuse a request from a client that involves the attorney acting contrary to morals or ethics.


Article 27


An attorney should follow court orders and orders concerning the investigation in the course of the attorney’s representation.
When an attorney is carrying out their duty in court or in investigation according to the law, the attorney should be shown
respect.


Article 28


An attorney shall not engage in fraudulent or beguiling acts towards their client, the court, prosecution agencies or judicial
police.


Article 29


An attorney shall not engage in acts that may harm the attorney’s reputation or credibility.


Article 30


An attorney shall not, in his name or the name of another, post or publish notices amounting to deception or threats.


Article 31


An attorney shall not be employed by the government with the exception of being invited to hold temporary positions in a
central or local administration or agency.


Article 32


An attorney should not engage in businesses that damage the dignity and reputation of the attorney profession.
An attorney should not engage in improper behavior or violate their professional responsibility in the handling of any case
where they have accepted representation, appointment or are handling per a government request.


Article 33


An attorney shall not have improper social activity with any judicial officers and judicial police.


Article 34


An attorney shall not take by assignment rights at issue, to which his client is a party.


Article 35


An attorney shall not instigate or solicit suits by improper means or barratry.


Article 36


An attorney shall not engage in court procedures, appeals or defenses on behalf of his client based on obviously groundless
reasons.


Article 37


An attorney shall not demand in advance, or receive fees beyond those specified or provided for in Legal Codes, Attorney
Code of Ethics or Bar Association Articles of Incorporation.


Article 37-1


An attorney shall not practice in the same court jurisdiction in which they served as a judicial officer for a period of three years
after resigning their judicial post. An exception to this provision exist if the person has been suspended, voluntarily suspended
or transferred from their judicial office for the past three years.


Article 38


An attorney shall not engage in suits in any court where they are 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 or Chief Prosecutor
An attorney should decline representation in suits where they are related as husband and wife, or blood relations within the fifth
level, or matrimonial relatives within the third level to the judge, prosecutor or judicial police who are involved with the suit.


Article 39


An attorney is subject to disciplinary action who:
1. has violated provisions set forth in the third sentence of Article 20, Article 21, Article 22, Article 24, Article 26, any of Articles 28-37, of this Act; or,
2. who has been convicted of a crime except “non-intentional” crimes.
3. who seriously violates attorney code of ethics or the Articles of Incorporation of the Bar Association in which they are members.


Article 40


Disciplinary action against an attorney may be initiated by the High Court Prosecutors Office or subdivision thereof, or by a
District Court Prosecutors Office. Upon initiation the case will be forwarded to the Bar Association Disciplinary Committee
having jurisdiction over the attorney. The exception to this procedure is in the case of a violation involving the areas of practice
mentioned in the second sentence of Article 20 in which case the matter will be prosecuted by the competent local
administrative authorities.
A Bar Association may through a resolution reached at a General Meeting or at a Joint Executive Supervisor Meeting refer an
attorney for disciplinary proceedings to the Attorneys Discipline Committee having jurisdiction.


Article 41


Attorney Disciplinary Committees shall be composed of three High Court judges , one High Court prosecutor from High
Court Prosecutors Office in parallel with said High Court, and five attorneys. Such Attorney Disciplinary Committees shall
elect one of their members to act as the Chief Commissioner.


Article 42


The right to appeal for review of Attorney Disciplinary Committee rulings shall lie with the disciplined lawyer, the prosecutors
office, competent authorities or the Bar Association which referred the case for discipline. Such appeals shall be made to the
Bar Discipline Review Committee.


Article 43


Bar Discipline Review Committees shall be composed of four Supreme Court Justices, 2 prosecutors from the Supreme Court
Prosecutors Office, five attorneys, and two scholars. Such Bar Discipline Review Committees shall elect one of their members
to act as the Chief Commissioner.


Article 44


Disciplinary action can be one of:
1. a warning;
2. a reprimand;
3. suspension of the right to practice law for a period not exceeding two years;
4. disbarment;


Article 45


A non-citizen may take the Attorney Qualification Examinations according to the laws of Republic of China.
A non-citizen who passes the Attorney Qualification Examinations and receives an Attorney license should be subject to
approval by the Ministry of Justice before practicing as a lawyer in Republic of China.


Article 46


A non citizen, after being approved to practice law in the Republic of China, shall abide by all statutes related legal practice,
Codes of Legal Ethics and the Articles of Incorporation of the Bar Association to which they are members.
Violation of the aforementioned provision shall be subject to punishment according to laws and regulations. The Ministry of
Justice may revoke the approval granted and invalidate his/her license to practice.


Article 47


Language to be used in the course of their professional practice in the ROC by non-citizens licensed to practice law.

A non-citizen licensed to practice law within the ROC’s territory is required to use the Chinese (Mandarin dialect ) language
while conducting proceedings in court or when present at an “investigation procedure”. All documents submitted by such
attorneys in the course of their professional work must be drafted in Chinese characters as approved for use in the ROC.


Article 47-1


The phrase “foreign attorney” as used herein denotes an attorney who has been licensed to practice law in a country or
region other than the Republic of China.
The phrase “Foreign Legal Affairs Attorney” as used herein denotes a “foreign attorney” who is granted approval under
this Act and is permitted by the Bar Association having jurisdiction over the law firm which employs the “foreign attorney”
to be a member of that Bar Association.
The phrase “home jurisdiction” as used herein denotes the country or region where a “foreign lawyer” obtained their
license to practice law.


Article 47-2


A “Foreign Attorney” may not practice law until granted approval by the Ministry of Justice and admitted to the Bar
Association where his/her law firm is located.


Article 47-3


A “Foreign Attorney” who applies to the Ministry of Justice for approval to practice shall meet one of the following
qualification requirements:
1. Have practiced for at least five years within their “home jurisdiction” and have appropriate supporting certificate.
However, should they have been employed by a Republic of China attorney, as an assistant or a consultant for legal affairs of
their “home jurisdiction”, or have practiced the law of their “home jurisdiction” in other countries or regions, that period,
not to exceed two years, may be accredited into the experience period.
2. Prior to the WTO Agreement taking effect in the ROC’s territory the following applies, if the applicant has been hired to
work as an Assistant or Consultant according to the “Regulation concerning ROC Lawyers’ Employment of Foreigners
and Administration thereof”, and has so worked for at least two years.


Article 47-4


A “foreign attorney” shall not be permitted to practice law if:
1. they fall under any of the categories listed in Article 4.
2. they have received a “final conviction” of over one-year imprisonment from a foreign court.
3. they have been disqualified, dismissed or otherwise disbarred as an attorney in their “home jurisdiction”.


Article 47-5


A “foreign attorney” shall submit the following documentation when applying for approval:
1. Application form: bearing name, date of birth, nationality, domicile, date when accredited as a “foreign attorney”, name
of “home jurisdiction”, office address.
2. Supporting certificates as required under Article 47~3.
The Ministry of Justice may set and collect application fees for this process.


Article 47-6


A “foreign attorney” shall, within six months from being granted approval, apply for membership to the Bar Association in
the jurisdiction where their law firm is located. That Bar Association shall not refuse admission.


Article 47-7


A “foreign legal affairs attorney” may only practice the laws of his/her “home jurisdiction” and such international laws
as adopted by the said “home jurisdiction”.
Should a “foreign legal affairs attorney” be eligible to practice laws pursuant to the preceding paragraph, he/she shall handle
the following legal affairs in conjunction with a Republic of China attorney or provided with written opinions by such attorney:
1. Acting as an agent or preparing documents in legal affairs relating to marriage or parentage cases in which, one of the parties
is a Republic of China citizen.
2. Acting as an agent or preparing documents in legal affairs relating to succession in which one of the parties is a Republic of
China citizen or when the inheritance property is located in Republic of China.


Article 47-8


A “foreign legal affairs attorney” shall abide by all laws of Republic of China, codes of legal ethics and Articles of
Incorporation of the Bar Association of which they are a member.


Article 47-9


A “foreign legal affairs attorney” shall, when practicing law use the formal title of A “foreign legal affairs attorney” and
specify the name of his/her “home jurisdiction”.

A “foreign legal affairs attorney”, unless employed, shall establish his/her law firm in the place where he/she practices and
shall indicate that the office is one of a “foreign legal affairs attorney”.


Article 47-10


A “foreign legal affairs attorney” shall not hire a Republic of China lawyer or join with a Republic of China lawyer in a law
firm partnership. If however in fulfilling the obligations of international treaties ““Foreign Legal Affairs Attorney” who
obtain permission from MOJ may hire an ROC attorney or join with ROC attorney to operate a law firm. The qualifications,
procedures and other rules to allow this will set by the MOJ.


Article 47-11


The approval granted to A “foreign legal affairs attorney” shall be revoked if:
1. the qualifications as a “foreign lawyer” are forfeited.
2. fraudulent or untrue statements were made in the application for permit.
3. upon the death of the person or situations under Article 47~4 occurs..
4. the “foreign legal affairs attorney” is in danger of becoming financially insolvent which threatens irreparable harm to their
clients.
5. the “foreign legal affairs attorney” fails to apply for Bar Association membership within six months of the issuance of
the permit.
6. violation of Article 47~10.


Article 47-12


A “foreign legal affairs attorney” is subject to disciplinary action if:
1. In violation of Articles 47~7, 47~8 or 47~9.
2. Having been convicted for a criminal act except a crime by negligence.
Provisions set forth in Article 44 is applicable mutatis mutandis to disciplinary punishment.


Article 47-13


A case where a “foreign legal affairs attorney” should be subject to disciplinary action, the Bar Association to which he/she
belongs shall refer the case to the Attorneys Disciplinary Committee.
The Bar Association may refer a “foreign legal affairs attorney” to the Attorneys Disciplinary Committee through a
resolution adopted in the Members Meeting or joint executive supervisors board meeting.


Article 47-14


A “foreign legal affairs attorney” who is disciplined, or his/her law firm may petition the Attorney Disciplinary Review
Committee for a review.


Article 48


One who practices for profit, litigation without being licensed as an attorney shall, unless permitted by law, be subject to
imprisonment up to one year maximum and, in addition thereto, a fine of not less than NT$30,000 but not more than NT
$150,000.
This same provision is applicable to a “foreign lawyer” in violation of Article 47~2, or a “foreign legal affairs attorney”
in violation of Article 47~7, Paragraph 1.


Article 49


An attorney who lends or allows the use his/her law firm, certificate or badges to a person not licensed to practice law shall be
subject to imprisonment up to one year maximum and, in addition thereto, a fine of not less than NT$30,000 but not more than
NT$150,000.
This same provision is applicable to a “foreign legal affairs attorney” who lends or allows the use his/her law firm,
certificate or badges to a person not licensed to practice law.


Article 50


A non-attorney who establishes a law firm and employs attorneys for the practice of law for profit or enters a partnership with attorneys for the practice of law shall be subject to a maximum imprisonment of up to one year and a fine of not less than NT$30,000 but not more than NT$150,000.
This same provision is applicable to a non-citizen or a“foreign attorney”who without permission, for the purposes of profit, employs a Republic of China lawyer or establishes a partnership with a Republic of China lawyer to practice the laws of the Republic of China.


Article 50-1


A “foreign legal affairs attorney” who without good cause reveals confidential information acquired or possessed by virtue
of his/her practice shall be subject to a maximum imprisonment of up to one year or a fine not to exceed NT$200,000.


Article 51


Persons who obtained the qualifications necessary to become attorneys prior to the implementation of this Act in its current
amended form are excused from the New Admittees Training Program as required by provisions set forth in Article 7


Article 52


Regulations necessary to carrying out the provisions of this Act shall be jointly drafted by the Ministry of Justice and the
Ministry of Interior, then submitted to the Executive Yuan for ratification.
Attorney Disciplinary Procedures shall be drafted by the Ministry of Justice and then submitted jointly to the Judicial Yuan and
the Executive Yuan for ratification.


Article 53


The Law shall be implemented from the date of promulgation.
The date of implementation for the amendments to Articles 20~1,42, 45, 46, 47~1 through 47~14, 48 through 50 and 51~1 shall be determined by the Executive Yuan. And article were revised on December 15, 2009 shall take effect from the date of November 23, 2009