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 Putting TRAC to Work |
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Asia-Pacific Law Review, Shih-Hsin University Law School, Taipei, Taiwan; Taiwan Jurist Association, Taiwan |
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2017 |
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Government ‘ law-jobs ’ and the use of government lawyers: a case of transplanting the foreign model of the legal profession to the Asia-Pacific region
By Su-Po Kao
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Hence, the Taiwanese Government does not have any role resembling that of a government lawyer in the U.S. system because Taiwanese law categorically separates bureaucracy from lawyers. This can also be perceived as an institutional affirmation of the narrower connotations of 'lawyer’and‘bar’in the Taiwanese context. Second, apart from the aforementioned points on the supply side of legal staffing, the Taiwanese Government’s demand for advocacy requires examination. Is the demand for
advocacy substantially different from that of the U.S. federal government resulting in a complete lack of government lawyers and the use of outside counsel? Although no official statistics are available regarding the total number of lawsuits in which the Taiwanese Government is a party, a preliminary observation of the legal institutions reveals two critical differences that reduce the government’s demand for advocacy. They
are the differences in law enforcement mechanisms and remedies between Taiwan and the United States, as revealed in their respective administrative laws. In the United States, when the government seeks to impose a civil penalty or injunction, it must seek court sanctions before execution; thus, government agencies must resort to the courts to accomplish a wide range of administrative purposes......[Citing TRAC research].
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Transactional Records Access Clearinghouse, Syracuse University
Copyright 2017
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