Chinese Lawyer Appears in Taichung Court; Prosecutors Decide Not to Indict

Central News

(CNA Reporter Hao Hsueh-ching, Taichung, 18th) During the trial of a civil dispute over payment in August last year, the Taichung District Court discovered that a Chinese lawyer surnamed Liu acted as the litigation agent for the defendant company. After investigation by the Taichung District Prosecutors Office, the case was concluded recently with a decision not to prosecute due to a lack of intent to profit.

In August last year, the Taichung District Court was hearing a civil dispute case involving NT$68 million. The defendant, an Austrian company, filed to appoint a Chinese lawyer surnamed Liu, who does not possess Taiwanese lawyer qualifications, as its litigation agent.

The Taichung District Court stated that during the first oral argument session on August 13 (Year 114 of the Republic era), Agent Liu stated he was acting as a litigation agent in his capacity as legal counsel employed by the defendant company. Because he lacked Taiwanese lawyer qualifications and failed to provide relevant supporting evidence, the presiding judge did not permit his representation. The judge also ordered Agent Liu to supplement his documents in response to questions raised by the plaintiff's litigation agent, resulting in the case not proceeding with the trial process.

The Taichung District Prosecutors Office stated that according to the Lawyers Act, a lawyer who has obtained qualifications in a country or region outside the Republic of China is a foreign lawyer. Without permission from the Ministry of Justice and joining a bar association within 6 months of permission, a foreign lawyer may not practice. Consequently, it was suspected that this unidentified litigation agent violated the Lawyers Act. A prosecutor was assigned to investigate, and the Taiwan Bar Association also filed a complaint.

Prosecutors stated that Defendant Liu admitted to being appointed as a litigation agent by the defendant company but firmly denied violating the Lawyers Act, arguing, "I did not use my status as a lawyer in Taiwan, and the Taiwanese court permitted my appearance and issued me a court notice."

Prosecutors believed that although the defendant had received RMB 50,000 as a legal advisor for the company, it was not compensation for handling a specific litigation event. It was difficult to determine that the defendant had the "intent to profit" stipulated in the Lawyers Act. Concluding there was insufficient suspicion of a crime, a decision not to prosecute was made in accordance with the Code of Criminal Procedure. (Editor: Chen Cheng-chien) 1150418

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