Self-discipline Mechanism of Attorneys Is Planned To Be Strengthened.　The Ministry of Justice Consider Setting Up the System of Attorneys’ Liability Insurance.

E031017Y9 Nov. 2003（E48）

The prosecutor general of the Ministry of Justice, Cai Bi-Yu (蔡碧玉) expressed that the Ministry of Justice reviewed the systematic form of Attorneys’ Association (律師公會) and the matter like how to reinforce the National United Attorneys’ Association (全聯會) to develop the function of self-discipline; besides the Ministry of Justice also discussed the topic like whether to simplify the procedure that the attorney can practice law as long as he/she registered in one association.

In respect of whether to establish the liability insurance system of Attorneys’ Office, Cai Bi-Yu stated that attorneys’ office or attorneys’ liability insurance toward their clients can be taken into account in conformity to attorneys’ ethics. For instance, how do the attorneys’ office can bear the relevant liability whenever their clients’ right and interest are affected.

   Given that the amendment of the Accountant Law drafted by the commission of the Ministry of Finance stated that the system form of corporate accountants’ office bearing limited liability is included and also that the corporate offices can insure themselves, this amendment is served as the major reference basis when the Ministry of Justice revises the Attorneys’ Law. The prosecutor general, Cai indicated that the Ministry of Justice cannot supervise the attorneys’ office like the public authority of other business because the systematic form of attorneys’ office is an individual office or a united office instead of a corporate business. In the event that any attorney violates the regulation, he/she will be penalized based on the relevant regulations. The corporation of attorneys’ office is to transform the office form into a profit-seeking business. The Ministry of Justice has encountered a dilemma whether to transform the attorneys’ office into a judicial form or into a business form.
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