Legal Privilege Taiwan

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Natural and legal persons may represent themselves in proceedings before all levels of the courts. If the litigant is a legal person, his legal representative has the right to represent the legal person without further authorization from the legal person. In addition, unincorporated associations can be parties to litigation as long as they have an agent or director.10 The application or review of solicitor-client privilege by a Taiwanese company is complicated by the fact that under Taiwanese law, solicitor-client privilege, at least as defined by U.S. courts, does not exist. In situations involving cross-border transactions or disputes, potentially confusing issues may arise from the interaction between Taiwanese law and U.S. potentially privileged disclosure law. For example, in a U.S. lawsuit involving Taiwanese litigants, there may be uncertainty as to whether U.S. or Taiwanese law should govern with respect to the disclosure of a particular communication that took place in Taiwan. If the U.S. court finds that U.S. law should govern the disclosure of communications, solicitor-client privilege may be considered applicable to protect communications from disclosure in litigation.

Conversely, if the U.S. court finds that U.S. law is not applicable, it may require disclosure of the notice to the extent that such disclosure is not protected from disclosure under Taiwanese law. If a notice relates specifically to U.S. litigation or otherwise concerns advice on U.S. law, it seems relatively clear that a U.S. court would likely conclude that disclosure of the notice should be subject to applicable U.S. lien law.

However, communications cannot be protected from disclosure by the U.S. Act of Privilege unless they specifically relate to U.S. legal proceedings or U.S. law. In many cases, this may be the case, for example if the communication took place well before the trial began in the United States, or if the communication specifically concerns Taiwanese law or Taiwanese legal proceedings. Given the importance of solicitor-client privilege, authorities must clear a higher-than-normal hurdle before even seeking a search warrant like the one in Cohen`s office. The above-mentioned solicitor-client privilege applies to a foreign lawyer. The Legal Aid Act provides legal aid to persons who are destitute or unable to obtain adequate legal protection. To this end, a foundation called the Legal Aid Foundation has been established.

Taiwan has a codified legal system in which the Constitution of Taiwan is the supreme law of the country. The Legislative Yuan promulgates laws through the powers conferred on it by the Constitution. The Executive Yuan may also issue administrative regulations and orders in accordance with the law. Legal systems traditionally come from other countries with similar codified legal systems, such as Japan and Germany, as well as traditional Chinese law. Articles 107 to 115 of the Code of Civil Procedure provide for legal aid by the court, i.e. temporary exemption from payment of court or other court costs, the provision of security and the payment of lawyers` fees. If a party does not have the financial means to pay court fees, the court may grant legal aid upon application, unless there is a clear likelihood that the party will be unsuccessful. Legal aid is granted to an alien provided that a Taiwanese national can receive the same assistance in the country of the alien in accordance with a treaty, agreement or the laws or customs of that country. Under the Arbitration Law, an arbitration agreement is valid only if it is a dispute whose settlement by arbitration is legally permissible and the agreement is expressed in writing or in a tangible form indicating the common intention of the parties to submit the dispute to arbitration in Taiwan. An arbitration agreement may exclude a dispute in court.

If a legal relationship is contested and it is necessary to avoid material damage or imminent danger, an IT application may be made. Getting an IT that As the number of court cases has been steadily increasing, the CCP was amended on January 20, 2021 to prevent people from abusively or intentionally abusing litigation. The amendment provides that if a claim is based on malicious, improper or grossly negligent purpose and the legal fact or claims have no reasonable basis or the facts set out therein are legally inappropriate, the court will dismiss it by judgment or judgment. In the meantime, the newly promulgated article 249-1 of the Code of Civil Procedure further provides that the court may impose fines of up to NT$120,000 on any plaintiff, legal representative and his or her lawyer in the above-mentioned circumstances. In addition, if the losing party abuses his right to appeal to the court of second instance, the court may also apply the above provisions and impose fines on the plaintiff and his lawyer. [4] Solicitor-client privilege has existed for hundreds of years and is intended to “promote full and open communication,” the Supreme Court said.