Who can Appear in Taiwanese Court proceeding?

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Who can Appear in Taiwanese Court proceeding?

Postby whachuneed » 04 Feb 2010, 23:52

If you're actively licensed in the States, can you appear in a Taiwanese court in an employment action on behalf of a corporate Taiwanese client? Legally, that is, not whether it's an awesome idea ...
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Re: Who can Appear in Taiwanese Court proceeding?

Postby whachuneed » 08 Feb 2010, 17:59

is it just such a stupid question that nobody will answer it? :doh:
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Re: Who can Appear in Taiwanese Court proceeding?

Postby sandman » 08 Feb 2010, 18:09

Oh, sorry. It's an answer you need? In that case: I dunno. :wink:
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Re: Who can Appear in Taiwanese Court proceeding?

Postby Rotalsnart » 09 Feb 2010, 09:51

The answer to your original question is: No. Only a lawyer licensed in Taiwan (a member of the Taiwan bar) can represent a client in litigation in a Taiwan court.
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Re: Who can Appear in Taiwanese Court proceeding?

Postby Militarygamer » 01 Jun 2011, 23:07

Well, unrepresented litigants may act in their own defence they don't want lawyer representation.
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Re: Who can Appear in Taiwanese Court proceeding?

Postby Rotalsnart » 02 Jun 2011, 18:18

Militarygamer wrote:Well, unrepresented litigants may act in their own defence they don't want lawyer representation.


The OP specifically said "on behalf of a corporate Taiwanese client." Not to mention the old adage that "a lawyer who represents himself has a fool for a client," which principle is generally understood to apply, a fortiori, to non-lawyer litigants as well.
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Re: Who can Appear in Taiwanese Court proceeding?

Postby Hartzell » 13 Jun 2011, 21:53

Rotalsnart wrote:The answer to your original question is: No. Only a lawyer licensed in Taiwan (a member of the Taiwan bar) can represent a client in litigation in a Taiwan court.


Not true. I have represented many persons in legal actions in the Taiwan Courts. I am not a member of the Taiwan Bar.

However, for your information, I don't do these kinds of activities any more . . . . .
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Re: Who can Appear in Taiwanese Court proceeding?

Postby RobinTaiwan » 13 Jun 2011, 23:42

Hartzell wrote:
Rotalsnart wrote:The answer to your original question is: No. Only a lawyer licensed in Taiwan (a member of the Taiwan bar) can represent a client in litigation in a Taiwan court.


Not true. I have represented many persons in legal actions in the Taiwan Courts. I am not a member of the Taiwan Bar.

However, for your information, I don't do these kinds of activities any more . . . . .


Hartzell is correct. I have represented someone once, about 5 years ago. You do, however, require a local lawyer to appeal for a third instance or for a retrial, if I remember correctly.
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Re: Who can Appear in Taiwanese Court proceeding?

Postby Rotalsnart » 14 Jun 2011, 23:50

RobinTaiwan wrote:
Hartzell wrote:
Rotalsnart wrote:The answer to your original question is: No. Only a lawyer licensed in Taiwan (a member of the Taiwan bar) can represent a client in litigation in a Taiwan court.


Not true. I have represented many persons in legal actions in the Taiwan Courts. I am not a member of the Taiwan Bar.

However, for your information, I don't do these kinds of activities any more . . . . .


Hartzell is correct. I have represented someone once, about 5 years ago. You do, however, require a local lawyer to appeal for a third instance or for a retrial, if I remember correctly.


Interesting, so you guys (RobinTaiwan and Hartzell) are saying you actually donned robes and stood before the bench in a Taiwan court on behalf of a party to litigation here?
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Re: Who can Appear in Taiwanese Court proceeding?

Postby Rotalsnart » 14 Jun 2011, 23:56

Oh, wait, is it because you were representing in a not-for-profit capacity? That does appear to be an exception under the Attorney Act.
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