APEC economy: Chinese Taipei; Jurisdiction: Chinese Taipei
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (i.e. become a foreign legal consultant).
The relevant legislation is the Attorney Regulation Act.
Details of the requirements for qualifying for a limited licence and what a limited licence entitles a foreign lawyer to do are included in the database. As to scope of practice, foreign legal attorneys may only practise the law of their home jurisdiction, and are subject to certain other limitations.
In order to offer advisory services in foreign and international law, a foreign legal consultant is not required but may enter a commercial association with local lawyers.
As at June 2009, approximately 58 limited licences had been granted to foreign lawyers in this jurisdiction.
Full licensing
A foreign lawyer can obtain a full licence to practice law in this jurisdiction. The relevant legislation is Attorney Regulation Act, Article 45 (the Ministry of Justice is the responsible body).
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must take the attorney qualification examinations according to the laws of Chinese Taipei. A non-citizen who passes the attorney qualification examinations and receives an attorney licence shall be subject to approval by the Ministry of Justice before practising as a lawyer in Chinese Taipei. These requirements are the same the rules applicable to a local applicant.
As at June 2009, approximately 3 full licences had been granted to foreign lawyers in this jurisdiction.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign lawyers may provide services in some other form of commercial association with local lawyers;
- foreign firms are not permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
Other regulatory issues
In this jurisdiction:
- there are specific rules in relation to advertising. These rules are the Attorney Regulation Act, Articles 30 and 35 (detail of these rules is provided in the database);
- there are specific rules in relation to use of names by lawyers or law firms. These rules are the Attorney Regulation Act, Articles 47-9 II and 49 (details of these rules are set out in the database).
Foreign lawyers and firms are treated differently as local lawyers in the application of these rules, in that a 'foreign legal affairs attorney' shall not hire a Chinese Taipei lawyer or join with a Chinese Taipei lawyer in a law firm partnership. If, however, in fulfilling the obligations of international treaties, a foreign legal affairs attorney obtains permission from the Ministry of Justice, he or she may hire a Chinese Taipei attorney or join with a Chinese Taipei attorney to operate a law firm. The qualifications, procedures and other rules to allow him or her to do this will be set by the Ministry of Justice.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | The Ministry of Justice | www.moj.gov.tw |
| Peak professional association representing the legal profession | Taiwan Bar Association | www.twba.org.tw/cogniz_profile.htm |