Chapter 3 The Legal aid Lawyers and Its Remuneration
The Foundation may select lawyers to provide legal aid on matters relating to the provisions of this Act; the selected lawyers cannot decline the assignment without a legitimate reason.
The selection process described in the preceding paragraph shall be prescribed by the Foundation.
The Foundation may retain full-time lawyers to provide legal aid on matters relating to the provisions of this Act. The regulations on retention standards, the length of time, salary, assigning cases, the responsibilities when obligations are violated, and management and performance evaluation shall be prescribed by the Foundation.
The Foundation may sign retaining contracts with lawyers (law offices) to provide legal aid on matters relating to the provisions of this Act. The regulations on retaining standards, the length of time, remuneration, assigning cases, the responsibilities when obligations are violated, and other related matters shall be prescribed by the Foundation.
The lawyers described in the preceding paragraph shall serve the legal aid matters of this Act under the assignment by the Foundation or the Chapter.
When appointing legal aid lawyers, the Chapter should take into considerations issues, such as the type of case, legal-aid lawyer's expertise, willingness, the number of legal aid cases already assigned, and the willingness of the legal aid recipient.
Legal aid lawyers should work faithfully to fulfill the duty of being a lawyer.
When legal aid lawyers are assigned with legal aid cases, the lawyers cannot decline the assignment without a legitimate reason.
Legal aid lawyers shall not receive remuneration in any way or other undue benefits, apart from claiming the remuneration as prescribed in the provisions of this Act or other necessary expenses.
Legal aid lawyers who violate the provisions of the preceding three paragraphs are deemed as violating the code of professional conduct, and their case shall be forwarded for evaluation. If the violation is serious, the Foundation shall request that the Attorney Disciplinary Committee take disciplinary action in accordance with the Attorney Regulation Act.
The regulations relating to assessing legal aid lawyers shall be prescribed by the Foundation.
The remuneration and other necessary expenses required to retain the legal aid lawyers are paid for by the Foundation.
The remuneration shall be calculated based on the following standards:
1. the remuneration shall be 15 to 50 radixes when the lawyer acts as a representative, a defender or an assistant for litigations, non-contentious cases, arbitrations and other matters for each level of trial;
2. the remuneration shall be 2 to 35 radixes when the lawyer provides legal representation or legal defense in an investigation procedure;
3. the remuneration shall be 2 to 15 radixes when the lawyer provides legal services in mediations or settlements, or drafts legal documents without involving the matters described in the subparagraphs 1 and 2;
4. the remuneration shall be 1 to 5 radixes when the lawyer provides legal consultation;
5. the provisions of the preceding four paragraphs shall apply mutatis mutandis to other necessary services relating to legal matters based on their nature.
After receiving the assigned cases, legal aid lawyers may submit relevant documents to the Chapter to receive advanced payment on the remuneration or necessary fees; or, the lawyers may submit relevant documents to the Chapter for closing the remuneration and necessary fees after closing legal aid cases, or within two months after the end of each instance's trial.
The Chapter may consider increasing the remuneration according to legal aid lawyers' applications, if any one of the following conditions applies:
1. the lawyer is assigned with cases pertaining to the provisions of article 5 paragraph 4 subparagraph 6 or other cases of complex nature, so much so that the originally approved remuneration is too low;
2. a settlement is reached due to the assistance of the lawyer.
Due to the arising of a problem attributable to the legal aid lawyer, or a change of circumstances where a legal aid case is not properly carried out, the Chapter may consider, depending on the situation, reducing or cancelling the lawyer's remuneration, or replacing the legal aid lawyer.
The rules governing the calculation of the remuneration radixes, payment in advance, payment, increase, reduction or cancellation of the remuneration and necessary fees shall be established by the Foundation.
Upon approving to provide legal aid, the Chapter shall decide whether to provide complete or partial legal aid depending on the legal aid recipient's financial status. However, if the provisions of article 5 paragraph1 subparagraphs 1 and 2 apply to the conditions, complete legal aid should be provided.
Upon approving to provide partial legal aid, the Chapter should decide on the ratio of remuneration and necessary fees that the legal aid recipient should share.
When the applicant cannot pay the shared remuneration and necessary fees in time, the applicant may apply for that the Chapter may pay them for the applicant and request the applicant to reimburse them later.
The rules governing the review of the applicant’s complete or partial legal aid and the amount of remuneration and necessary fees shared by the applicant shall be established by the Foundation.
If the subject matter obtained through legal aid has some property value and the value reaches a certain standard, the Chapter may ask the legal aid recipient to reimburse the complete or partial remuneration and necessary fees.
The Foundation shall prescribe the review standards and regulations of the preceding paragraph.
The legal aid recipient shall pay the remuneration, necessary fees, or repayment in accordance with the deadline and amount specified in the Chapter’s written notice.
In case paying the remuneration and the necessary fees or repayment will adversely affect the livelihoods of the legal aid recipient and cohabited relatives, the amount of remuneration and necessary fees or repayment may be reduced by the Chapter; the Foundation shall prescribe the determining standards of reducing.
The remuneration and necessary fees paid by the Foundation for legal aid cases, where the provisions of article 77-25 paragraph 1, article 466-3 paragraph 1 of the Taiwan Code of Civil Procedures, article 241-1 paragraph 3 of the Administrative Litigation Code, or other laws should apply (apply mutatis mutandis), shall be deemed as part of the litigation costs.
The Foundation may request the litigant who shall be responsible for the litigation costs to reimburse the remuneration and necessary fees described in the preceding paragraph; based on the legal aid recipient’s enforceable executive title, the Foundation or the Chapter may request the court to determine the amount of litigation costs and apply to the court to order the litigant who shall be responsible for the litigation costs to reimburse the remuneration and necessary fees.
If the litigation costs as described in paragraph 1 are returnable by the court in accordance with the law, the Foundation or the Chapter may apply for these funds on behalf of the legal aid recipients.
The fees received by the Foundation or Chapters in accordance with the preceding two Paragraphs may offset the remuneration and necessary fees that the legal aids recipient shall share, shoulder, or reimburse
If the legal aid recipient does not return the remuneration and necessary fees in accordance with the provisions of article 20 paragraph 4, article 21 paragraph 3, or article 33 paragraph1, and does not request reconsideration, or has requested reconsideration and is rejected, the Foundation or the Chapter may provide relevant proof and ask the court to order compulsory execution, unless the Foundation or the Chapter deems that compulsory execution is futile. When asking the court for compulsory execution, the enforcement fees are exempted.
The standards for verifying a futile compulsory execution as described in the preceding paragraph shall be prescribed by the Foundation.