Regulations Governing Pre-Service Training for Attorneys
2022-04-29
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Article 1
The Regulations are prescribed according to the provisions of Paragraph 3, Article 7, of the Attorney Regulation Act.
Article 2
The aim of the pre-service training (hereinafter referred to as the training) is to replenish attorneys’ professional knowledge, cultivate their ethical concept, and increase their practical experience to make them fully capable of practicing the law.
Article 3
A person who has passed the Attorney Qualification Examination may apply to the Ministry of Justice (MOJ) for the training.
Article 4
The MOJ commissions its Academy for the Judiciary, Ministry of Justice (hereinafter referred to as AJMJ) or Taiwan Bar Association (hereinafter referred to as TBA) to carry out the training.
Article 5
The training is divided into basic training and the practical training for a total period of six months. It is conducted in two stages according to that order.
1. First stage: The intern shall receive either at the AJMJ or the TBA one-month basic training.
2. Second stage: The intern may undergo five-month practical training at the following departments, institutions or groups:
(1) law firms.
(2) the Legal Aid Foundation.
(3) the legal affairs departments of exchange-listed and over-the-counter-listed companies, financial holding companies, banking enterprises, securities enterprises, futures enterprises and insurance enterprises.
(4) other institutions or groups reported to the MOJ by the TBA and approved by the MOJ.
1. First stage: The intern shall receive either at the AJMJ or the TBA one-month basic training.
2. Second stage: The intern may undergo five-month practical training at the following departments, institutions or groups:
(1) law firms.
(2) the Legal Aid Foundation.
(3) the legal affairs departments of exchange-listed and over-the-counter-listed companies, financial holding companies, banking enterprises, securities enterprises, futures enterprises and insurance enterprises.
(4) other institutions or groups reported to the MOJ by the TBA and approved by the MOJ.
Article 6
Before the training begins, the AJMJ or the TBA shall draw up a training plan and submit it to the MOJ for approval.
When drawing up the plan, the AJMJ or the TBA shall consult with related bar associations.
When drawing up the plan, the AJMJ or the TBA shall consult with related bar associations.
Article 7
The AJMJ or the TBA shall, after the interns have registered for the training, submit the roster to the MOJ. This also applies to suspensions or dismissals of interns.
Article 8
During the training, interns shall concentrate their attention on the studies and shall not have such improper acts as attending a school , taking part-time job or having misconduct that may impede the learning.
During the training, interns shall observe the Attorneys Ethical Rules, discipline themselves, and humbly accept the mentor attorney’s guidance.
During the training, interns shall observe the Attorneys Ethical Rules, discipline themselves, and humbly accept the mentor attorney’s guidance.
Article 9
Before taking part in the training, an intern may choose his or her own mentor attorney. Nevertheless, the AJMJ or the TBA may recommend an intern to a law-practicing attorney for practical learning.
If it is hard for an intern to get a mentor attorney, he or she may request the AJMJ or the TBA for help.
The mentor attorneys mentioned in the foregoing two paragraphs are limited to those who have more than five years’ experience in the practice of law or meet the qualifications provided for in Subparagraphs 1, 2, and 4 of Paragraph 2 of Article 3 of the Attorney Regulation Act and have never been subjected to such a penalty as reprimand or suspension of practice.
If it is hard for an intern to get a mentor attorney, he or she may request the AJMJ or the TBA for help.
The mentor attorneys mentioned in the foregoing two paragraphs are limited to those who have more than five years’ experience in the practice of law or meet the qualifications provided for in Subparagraphs 1, 2, and 4 of Paragraph 2 of Article 3 of the Attorney Regulation Act and have never been subjected to such a penalty as reprimand or suspension of practice.
Article 10
A mentor attorney shall not provide training to more than three interns at the same time.
Article 11
In the course of practical training, when a mentor attorney cannot continue his or her counseling, the intern may file a report to the AJMJ or the TBA for permission to change to another mentor attorney.
An intern shall not refuse the guidance of the mentor attorney and if this has happened to the extent of undermining the learning effectiveness, the mentor attorney may report the case to the AJMJ or the TBA.
If the guidance provided by the mentor attorney is improper, the intern may report the case to the AJMJ or the TBA.
An intern shall not refuse the guidance of the mentor attorney and if this has happened to the extent of undermining the learning effectiveness, the mentor attorney may report the case to the AJMJ or the TBA.
If the guidance provided by the mentor attorney is improper, the intern may report the case to the AJMJ or the TBA.
Article 12
The MOJ and the AJMJ or the TBA commissioned to conduct the training may dispatch official(s) to inspect the state of the training and, in this case, an intern shall not refuse the inspection.
Personnel of the related bar associations may be invited to join the inspection.
Personnel of the related bar associations may be invited to join the inspection.
Article 13
After completing the training, the mentor attorney shall fill out a performance-rating form of the intern and submit it to the AJMJ or the TBA. This also applies when an intern is suspended or dismissed.
The AJMJ or the TBA shall submit the performance-rating form mentioned in the foregoing paragraph to the MOJ for approval before it is adopted.
The AJMJ or the TBA shall submit the performance-rating form mentioned in the foregoing paragraph to the MOJ for approval before it is adopted.
Article 14
After the intern has passed both the basic training and the practical training, the AJMJ or the TBA that conducts the training shall issue a certificate to the intern and file a report to the MOJ.
If the training is conducted by the AJMJ, the AJMJ shall, in addition to filing the report to the MOJ, notify the TBA with a formal letter.
If the training is conducted by the AJMJ, the AJMJ shall, in addition to filing the report to the MOJ, notify the TBA with a formal letter.
Article 15
If an intern has passed the Attorney Qualification Examination before taking part in basic training and if he or she has received practical training by a mentor attorney as prescribed in Paragraph 3 of Article 9, he or she may submit the document of evidence to the AJMJ or the TBA to apply for approval to deduct the equal length of time from the practical training period.
In this case, the intern shall make an application, accompanied with the document of evidence for practical training issued by the mentor attorney, in seven days after the practical training begins.
The provisions of Article 10 apply mutatis mutandis to the mentor attorney that issues the document.
Before a mentor attorney begins to provide the afore-mentioned guidance, he or she shall notify the AJMJ or the TBA with a formal letter.
In this case, the intern shall make an application, accompanied with the document of evidence for practical training issued by the mentor attorney, in seven days after the practical training begins.
The provisions of Article 10 apply mutatis mutandis to the mentor attorney that issues the document.
Before a mentor attorney begins to provide the afore-mentioned guidance, he or she shall notify the AJMJ or the TBA with a formal letter.
Article 16
If the score of an intern receiving the basic training or practical training cannot reach the required level, he or she shall not be graduated.
If an intern has any one of the following conditions, he or she shall be rated as unqualified:
1. He or she has seriously violated the Attorney Ethics Rules.
2. During the basic training or practical training, he or she has cut class for more than one-twentieth of the total training hours or his or her absence, including leave, has exceeded one-tenth of the total training hours. But this does not apply to cases of funeral leave, birth leave, critical illness or other justifiable reasons approved by the AJMJ or the TBA.
3. He or she has critical behavior that has impeded learning.
4. He or she has unreasonably rejected the counsel of a mentor attorney and the case is critical.
5. The score of practical training does not reach 70.
6. The score of basic training does not reach 70. This does not apply when the score is between 50 and 70 but reaches 70 in the sole make-up exam.
If an intern comes late to the class, leaves in the middle of the class, or quits the class early and the length of absence has exceeded a quarter of but less than an hour, he or she shall ask the AJMJ or the TBA for an one-hour leave. If this is not completed on the same day, he or she shall be considered as having cut class for an hour.
If an intern has a condition prescribed in the proviso of Subparagraph 2 of Paragraph 2, he or she should, in addition to applying for a suspension of training, request the permission to make up for the skipped lessons and unfulfilled hours in the first stage of the year's training. Otherwise, he or she shall be rated as unqualified.
Those who have not taken part in the basic training exam due to funeral leave, birth leave or critical illness approved by the AJMJ or the TBA may apply for make-up exam. But those who have not made up for the skipped lessons and absence hours shall not participate in the basic training exam.
The AJMJ or the TBA shall report the form of test, the subjects of test, and the evaluation of test results to the MOJ for approval before implementation.
If an intern has any one of the following conditions, he or she shall be rated as unqualified:
1. He or she has seriously violated the Attorney Ethics Rules.
2. During the basic training or practical training, he or she has cut class for more than one-twentieth of the total training hours or his or her absence, including leave, has exceeded one-tenth of the total training hours. But this does not apply to cases of funeral leave, birth leave, critical illness or other justifiable reasons approved by the AJMJ or the TBA.
3. He or she has critical behavior that has impeded learning.
4. He or she has unreasonably rejected the counsel of a mentor attorney and the case is critical.
5. The score of practical training does not reach 70.
6. The score of basic training does not reach 70. This does not apply when the score is between 50 and 70 but reaches 70 in the sole make-up exam.
If an intern comes late to the class, leaves in the middle of the class, or quits the class early and the length of absence has exceeded a quarter of but less than an hour, he or she shall ask the AJMJ or the TBA for an one-hour leave. If this is not completed on the same day, he or she shall be considered as having cut class for an hour.
If an intern has a condition prescribed in the proviso of Subparagraph 2 of Paragraph 2, he or she should, in addition to applying for a suspension of training, request the permission to make up for the skipped lessons and unfulfilled hours in the first stage of the year's training. Otherwise, he or she shall be rated as unqualified.
Those who have not taken part in the basic training exam due to funeral leave, birth leave or critical illness approved by the AJMJ or the TBA may apply for make-up exam. But those who have not made up for the skipped lessons and absence hours shall not participate in the basic training exam.
The AJMJ or the TBA shall report the form of test, the subjects of test, and the evaluation of test results to the MOJ for approval before implementation.
Article 17
If there is any one of the following conditions found during the period of training, the concerned intern shall be rejected:
1. He or she has been declared bankrupt which has not been rehabilitated.
2. He or she has been declared to be subject to supervision by a guardian or to assistance and the declaration has yet to be withdrawn.
1. He or she has been declared bankrupt which has not been rehabilitated.
2. He or she has been declared to be subject to supervision by a guardian or to assistance and the declaration has yet to be withdrawn.
Article 18
An intern may apply for a suspension of the training during the training period.
If his or her performance in basic training has passed the rating, he or she may apply for reservation of the record, but he or she must apply for completing the practical training in three years from the day of rating. If he or she fails to do so, the score of basic training is canceled.
An intern may apply, in accordance with the provisions of Article 15, for permission to deduct five months’ practical training. If the performance is favorably rated, the record may be reserved, but he or she is required to take part in the yearly basic training in three years. If the application period is missed out, the score of practical training is canceled.
For an intern who applies for a deduction of same practical training in accordance with the provisions of Article 15, the previous provision applies mutatis mutandis if the period of applied deduction does not reach five months.
If his or her performance in basic training has passed the rating, he or she may apply for reservation of the record, but he or she must apply for completing the practical training in three years from the day of rating. If he or she fails to do so, the score of basic training is canceled.
An intern may apply, in accordance with the provisions of Article 15, for permission to deduct five months’ practical training. If the performance is favorably rated, the record may be reserved, but he or she is required to take part in the yearly basic training in three years. If the application period is missed out, the score of practical training is canceled.
For an intern who applies for a deduction of same practical training in accordance with the provisions of Article 15, the previous provision applies mutatis mutandis if the period of applied deduction does not reach five months.
Article 19
The conditions of Paragraph 2 of Article 16, the rating mentioned in Paragraph 4, and the rejection of training provided for in Article 17 shall be deliberated in an evaluation committee convened by the MOJ commissioned AJMJ or TBA.
This evaluation committee has six members, one each representing MOJ and the Judicial Yuan and two each representing the AJMJ or the TBA and related bar association. One of the AJMJ or TBA members shall serve as the chairperson.
The committee must be attained by more than two-thirds of its membership and a resolution must be voted for by more than half of the attending members.
The evaluation committee organized under Paragraph 1 shall inform the concerned intern to present his or her opinions.
This evaluation committee has six members, one each representing MOJ and the Judicial Yuan and two each representing the AJMJ or the TBA and related bar association. One of the AJMJ or TBA members shall serve as the chairperson.
The committee must be attained by more than two-thirds of its membership and a resolution must be voted for by more than half of the attending members.
The evaluation committee organized under Paragraph 1 shall inform the concerned intern to present his or her opinions.
Article 20
In case of any one of the following conditions, an intern my apply to the MOJ for re-training
The performance is rated as unqualified under the provisions Paragraph 4 of Paragraph 2 of Article 16.
The cause for applying for re-training under Paragraph 1 of Article 18 no longer exists.
The cause of training rejection under Article 17 no longer exists.
The achievement in basic training or practical training has been canceled in accordance with the provisions of Paragraphs 2-4 of Article 18.
Those whose achievement in basic training has not attained the required level shall pay for the next training from his or her own pocket if he or she applies for re-training.
The performance is rated as unqualified under the provisions Paragraph 4 of Paragraph 2 of Article 16.
The cause for applying for re-training under Paragraph 1 of Article 18 no longer exists.
The cause of training rejection under Article 17 no longer exists.
The achievement in basic training or practical training has been canceled in accordance with the provisions of Paragraphs 2-4 of Article 18.
Those whose achievement in basic training has not attained the required level shall pay for the next training from his or her own pocket if he or she applies for re-training.
Article 21
Before the Regulations came into force on July 1, 2009, those who had been rated as having passed the basic training shall apply for completing the practical training in three years after that date. If he or she fails to do so, his or her score of basic training shall be canceled.
If an intern had applied, in accordance with the provisions of Article 15 and before the implementation of the Regulations on July 1, 2009, for a five months’ deduction from the practical training and if the record has been favorably rated, he or she shall attend the yearly training in three years counted from July 1, 2009. Otherwise, his or her practical training score shall be canceled.
This previous provision applies mutatis mutandis to the application for a deduction of same practical training filed in accordance with the provisions of Article 15, if the period does not reach five months.
If an intern had applied, in accordance with the provisions of Article 15 and before the implementation of the Regulations on July 1, 2009, for a five months’ deduction from the practical training and if the record has been favorably rated, he or she shall attend the yearly training in three years counted from July 1, 2009. Otherwise, his or her practical training score shall be canceled.
This previous provision applies mutatis mutandis to the application for a deduction of same practical training filed in accordance with the provisions of Article 15, if the period does not reach five months.
Article 22
The Regulations shall be implemented beginning on the day of proclamation.