律師職前訓練規則

The Regulations are prescribed according to the provisions of Paragraph 3, Article 7, of the Attorney Regulation Act.

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.

A person who has passed the Attorney Qualification Examination may apply to the Ministry of Justice (MOJ) for the training.

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.

1The 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.

21. First stage: The intern shall receive either at the AJMJ or the TBA one-month basic training.

32. Second stage: The intern may undergo five-month practical training at the following departments, institutions or groups:

4(1) law firms.

5(2) the Legal Aid Foundation.

6(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.

7(4) other institutions or groups reported to the MOJ by the TBA and approved by the MOJ.

1Before the training begins, the AJMJ or the TBA shall draw up a training plan and submit it to the MOJ for approval.

2When drawing up the plan, the AJMJ or the TBA shall consult with related bar associations.

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.

1During 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.

2During the training, interns shall observe the Attorneys Ethical Rules, discipline themselves, and humbly accept the mentor attorney’s guidance.

1Before 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.

2If it is hard for an intern to get a mentor attorney, he or she may request the AJMJ or the TBA for help.

3The 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.

A mentor attorney shall not provide training to more than three interns at the same time.

1In 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.

2An 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.

3If the guidance provided by the mentor attorney is improper, the intern may report the case to the AJMJ or the TBA.

1The 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.

2Personnel of the related bar associations may be invited to join the inspection.

1After 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.

2The AJMJ or the TBA shall submit the performance-rating form mentioned in the foregoing paragraph to the MOJ for approval before it is adopted.

1After 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.

2If 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.

1If 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.

2In 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.

3The provisions of Article 10 apply mutatis mutandis to the mentor attorney that issues the document.

4Before a mentor attorney begins to provide the afore-mentioned guidance, he or she shall notify the AJMJ or the TBA with a formal letter.

1If the score of an intern receiving the basic training or practical training cannot reach the required level, he or she shall not be graduated.

2If an intern has any one of the following conditions, he or she shall be rated as unqualified:

31. He or she has seriously violated the Attorney Ethics Rules.

42. 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.

53. He or she has critical behavior that has impeded learning.

64. He or she has unreasonably rejected the counsel of a mentor attorney and the case is critical.

75. The score of practical training does not reach 70.

86. 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.

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1If there is any one of the following conditions found during the period of training, the concerned intern shall be rejected:

21. He or she has been declared bankrupt which has not been rehabilitated.

32. 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.

1An intern may apply for a suspension of the training during the training period.

2If 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.

3An 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.

4For 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.

1The 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.

2This 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.

3The 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.

4The evaluation committee organized under Paragraph 1 shall inform the concerned intern to present his or her opinions.

1In case of any one of the following conditions, an intern my apply to the MOJ for re-training

2The performance is rated as unqualified under the provisions Paragraph 4 of Paragraph 2 of Article 16.

3The cause for applying for re-training under Paragraph 1 of Article 18 no longer exists.

4The cause of training rejection under Article 17 no longer exists.

5The achievement in basic training or practical training has been canceled in accordance with the provisions of Paragraphs 2-4 of Article 18.

6Those 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.

1Before 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.

2If 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.

3This 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.

The Regulations shall be implemented beginning on the day of proclamation.