Is it legal for a lawyer to lie in a warning letter?

[quote]
Most Taiwan lawyers did NOT go to school abroad. That’s part of the problem. Their legal training sucks. Most of them are unable to carefully assess the facts, research the law, and draft a careful document accurately describing the same. Cha bu duo is the norm. While precision is essential in legal documents in the West, vague generalities unsupported by facts and law tend to be the norm here.[/quote]

I must say I’m a bit miffed by all the negativity expressed about the Taiwan legal system in this thread. I’ve worked in a Taiwanese (though fairly internationalized) law firm for almost eight years, and have had the chance to closely observe the course of many cases over a whole spectrum of legal issues. In the vast majority of cases, what I’ve seen is highly competent attorneys (including solely locally trained attorneys) very skillfully and successfully enforcing the legal rights of their clients; I’ve never seen any attorney at the firm resort to any sort of unethical behavior – all are very conscious of the need to behave ethically and in accordance with regulations and bar association rules.

By the way, to the original poster: you don’t give many details about the warning letter, but if it happened to involve intellectual property matters (copyright, trademark, or patent) and was also sent to third-party business counterparts or potential business counterparts of the sender or recipient, it could also be subject to Fair Trade Act provisions covering warning letters (Article 19), and violation of those could entail administrative and criminal penalties for the sender. You can find an English translation of the Fair Trade Comission Guidelines on the Reviewing of Cases Involving Enterprises Issuing Warning Letters for Infringement on Copyright,Trademark,and Patent at www.ftc.gov.tw (go to the English version of the webpage and look under “Guidelines”).