Who can Appear in Taiwanese Court proceeding?

All issues that are not covered by the following legal forums may be posted here.
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

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 ...
whachuneed
Smurf account
Smurf account
 
Posts: 18
ORIGINAL POSTER
Joined: 16 Feb 2009, 01:51

6000

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:
whachuneed
Smurf account
Smurf account
 
Posts: 18
ORIGINAL POSTER
Joined: 16 Feb 2009, 01:51

6000

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:
sandman
Manjusri (Wénshū)
 
Posts: 30176
Joined: 04 Jun 2001, 16:01
28 Recommends(s)
196 Recognized(s)

6000

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.
Rotalsnart
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
 
Posts: 956
Joined: 26 Oct 2005, 23:06
54 Recommends(s)
41 Recognized(s)

6000

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.
Militarygamer
Memorized My Password (gāng jìhǎo zìjǐ de mìmǎ)
 
Posts: 65
Joined: 30 May 2011, 14:32
1 Recommends(s)

6000

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.
Rotalsnart
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
 
Posts: 956
Joined: 26 Oct 2005, 23:06
54 Recommends(s)
41 Recognized(s)

6000

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 . . . . .
Richard W. Hartzell
contact me by email at rwh.midway@gmail.com
Neihu District, Taipei (114)
Forumosan avatar
Hartzell
Mando-pop Singer (Guóyǔ liúxíng gēshǒu)
Mando-pop Singer (Guóyǔ liúxíng gēshǒu)
 
Posts: 2342
Joined: 31 Oct 2000, 17:01
Location: Nei Hu District, Taipei, Taiwan
18 Recognized(s)

6000

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.
Spring would be something else if winter was as white as it is made out to be.
Forumosan avatar
RobinTaiwan
Bird Walker (liù niǎo de rén)
 
Posts: 1457
Joined: 01 Dec 2009, 16:12
2 Recommends(s)
21 Recognized(s)

6000

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?
Rotalsnart
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
 
Posts: 956
Joined: 26 Oct 2005, 23:06
54 Recommends(s)
41 Recognized(s)

6000

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.
Rotalsnart
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
Fried Chicken-Parts Vendor (yán sū jī xiǎofàn)
 
Posts: 956
Joined: 26 Oct 2005, 23:06
54 Recommends(s)
41 Recognized(s)

6000

Next




 
 
 x

Return to General Legal Matters



Who is online

Forumosans browsing this forum: No Forumosans and 1 visitor

Time is a great teacher, but unfortunately it kills all its pupils -- HECTOR BERLIOZ