THE CORE ISSUE IN LAW FIRM STATUTES: BALANCING BETWEEN ASSET PARTITIONING AND THE CHARACTERISTICS OF THE LEGAL PROFESSION
Date Issued
2014
Date
2014
Author(s)
Chiu, Wei-Chih
Abstract
The primary goal of this thesis is to reflect on Taiwan’s law firm statutes, including the following issues:
1.What are the kinds of business forms from which a lawyer can choose when forming a law firm in Taiwan? What is the governance mechanism of each of them?
2.When choosing business forms, what are the concerns of a lawyer?
3.Are there any problems in the current law firm statutes? How should we revise them?
In part I, I point out that although numerous studies in Taiwan have discussed these issues, they have failed to consider the basic principles of organizational law. This thesis will address this important omission by applying the basic principles of organizational law to law firms, and addressing the issue of whether and how we should revise Taiwan’s law firm statutes.
In part II, I start by discussing the primary role of organizational law, which should be “asset partitioning”, and argue that whether and how an organizational law should be revised depends on the balance between asset partitioning and the characteristics of the organization to which the law will be applied. Therefore, the core issue in law firm statues is to balance between asset partitioning and the characteristics of the legal profession.
In part III, I introduce the characteristics of the legal profession in contemporary Taiwan, and analyze the role of ethical rules from an economic standpoint. In addition, I point out that the characteristics of the legal profession are continuously changing and in fact are currently undergoing a significant shift.
In part IV, I analyze asset partitioning and the governance mechanisms of current business forms for law firms to highlight the significant problems of Taiwan’s law firm statutes.
In part V, I analyze US law firm statutes through the lenses of asset partitioning and governance mechanisms, and introduce the heated debate of the past few decades about whether to allow LLEs as an option for the legal profession.
In part VI, I conclude and suggest guiding principles for revisions of Taiwan’s law firm statutes.
Subjects
資產（責任）分割
組織規範（組織法）
法律事務所（律師事務所）
律師特性（獨立性、忠實義務、自己責任）
有限責任實體（法人格）
Type
thesis
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