Means And Contents for Attorney Promoting Business The Council under the Ministry of Justice Will Hold Other Meetings for Further Discussion on the Issue.

　Regarding the November 3, 2008 article printed on the Liberty Times on “Ministry of Justice Promoting Amendments on the Attorney Regulation Act for Allowing Lawyers to Promote Business through Publishing Advertisement”, the Ministry of Justice has made a few clarification as follows:

　The current Attorney Regulation Act does not prohibit attorney from soliciting business by means of advertisements.  The Attorney Regulation Act provides in Article 30 that an attorney shall not, in his name or the name of another, post or publish notices amounting to deception or threats.  According to Article 35 of the same Act, an attorney shall not instigate or solicit suits by improper means or barratry.  Pursuant to Article 12 of the Attorney’s Code of Conduct, attorney cannot defray the introducer and hire salesperson with exaggerated or false publicity or other improper means to solicit business.

　Until recently, the above-mentioned regulations was only violated once regarding attorney promoting business by means of publishing advertisements.  The allegation can hardly be substantiated as the current regulations are not clearly stipulated which create difficulties for reaching consensus and confirming contravention of laws.

　In order to protect the interests of consumers, public interests and the attorney’s image, both the council under the Ministry of Justice established for drafting amendments to the Attorney Regulation Act and the council members all believe that the content and methods (including advertisements) use for attorneys to solicit business should be governed by the said Act in principal.  For daily practice, attorneys should act in accordance with the Attorney’s Code of Conduct with incorporation of the spirit of self-discipline and self-governance.  After several meetings were held for discussions on the proposed amendments presented in various versions to the Attorney Regulation Act, no consensus was reached.  (2008.11)

/DC