繁體中文 l English l Site Map l My Say l How you can help l Home  
Set as Home page
Add to Farorites

LAF NewsIntroductionServicesLAF OfficesPress RoomProjectPublicationsLaw AnnouncementsResourcesDownload
Home > Introduction to LAF > Business Report

Origins of the Legal Aid Foundation
Philosophy, Principles and Mission for LAF
Message from Chairperson
Mission, Purpose of Establishment and Sources of Funding
Organizational Structure
A Chronicle of the Foundation's Events
Business Features
Business Report
Financial Statement
The Foundation's Outlook for the Future
LAF Loaction

   

Business Report

Based on the spirit for the protection of people’s rights and interests, the Foundation has proceeded to promote the aforementioned matters and fully serve its targeted members with conviction and efficiency.We present here our business progress and results to the public in an honest manner and would greatly appreciate your comments and advices.

 The following are the relative statistics of the Foundation. (Note: Data for Taipei, Taichung, Tainan, Kaohsiung and Hualien branch offices reflect the period of July 1, 2004 – June 30, 2005 whereas for Taoyuan, Hsinchu, Changhua, Yilan and Taitung branch offices, the period was for January 1, 2005 – June 30, 2005):

 
1. More then ten thousand cases were aided in the past year illustrating a great demand for legal aid:

During the period of July 1, 2005 through June 30, 2005, the Foundation undertook 17,889 application cases.After examination, about 7,640 cases (fully aided plus partially aided) were reviewed by the legal aid lawyers and 4,272 cases were for consultation aid services.As of the first year, more than 11,000 cases benefited from aid provided for by the Foundation.The results can be divided into the following:

  • 32 cases a day were aided by Legal Aid Foundation.
  • A case was aided by Legal Aid Foundation every 45 minutes.

Table 1: Statistics of total cases (July 1, 2004-June 30, 2005)

Code

Category

Statistics

A

Total number of received cases

17889

B

Total number of cases approved with full aid

7521

C

Total number of cases approved with partial aid

119

D

Total number of cases refused

4773

E

Total number of document re-submission cases

140

F

Total number of legal consultation cases

4272

G

Total number of cases withdrawn

749

H

Total number of cases in the process of review.

22

I

Total number of cases terminated

207

J

Total number of casesrevoked

30

K

Total number of cases not being examined

56

L

Approval ratio of legal aid

61.5%


Branch

A

B

C

D

E

F

G

H

I

J

K

L

Taipei

7487

4021

77

2386

64

765

290

17

112

14

15

63.2%

Kaohsiung

2864

1241

5

439

46

1095

83

4

10

5

4

73.9%

Tainan

1862

610

6

671

21

227

32

1

9

1

0

47.9%

Taichung

1767

561

8

593

0

588

32

0

51

3

10

49.0%

Hualien

1302

244

7

177

1

791

44

0

6

2

14

58.6%

Taoyuan

689

310

10

171

2

45

172

0

6

3

2

65.2%

Hsinchu

627

133

2

99

3

357

38

0

6

0

0

57.7%

Yilan

512

194

1

79

0

191

29

0

0

0

6

71.2%

Changhua

503

154

2

129

3

199

29

0

5

2

0

54.7%

Taitung

276

53

1

29

0

14

0

0

2

0

5

65.1%

Total

17889

7521

119

4773

140

4272

749

22

207

30

56

61.5%

Note: The “approval ratio?refers to the number of cases approved for legal aid (both full aid and partial aid) to the sum total number of cases both approved (both full aid and partial aid) and refused for legal aid. The data does not include the number of cases of legal consultation, refusal, document re-submission, withdrawal, review, termination and revocation.

 
 
2. An approval rate of 61.5% demonstrates the ease at which one can be aided:

There were 7,640 cases approved for aid by the Foundation whereas 4,773 cases were refused. Without including the legal consultation cases, more than 60% of the applicants were aided by the Foundation. This illustrates that it is not difficult to be aided by the Foundation. (Please refer to the attached Table 7 of this section for further details)

Table 2: Ratio of cases approved for aid

Category

Total number of cases approved for aid

Total number of tcases refused for aid

Approval ratio

Total number of cases received by the Foundation

7640

4773

61.5%

 
 
3. In its first year, the Foundation guaranteed 161 cases equivalent to a total of more than NT$70 million guarantee bond:

As of today, the Foundation has issued 161 affidavits with a guarantee amount of NT$76,529,498 representing an average NT$475,338 of guarantee for each affidavit.The total seizure amount reached as high as NT$298,615,786 (please refer to the attached Table 3 for further details) representing an average NT$1,854,756 of seizure amount for each affidavit.The total amount was unbelievable even to the Foundation.

pplicants having financial difficulty may acquire the affidavits issued by the Foundation prior to prosecution to file provisional seizure or preliminary injunction to the court against the debtor’s properties.In other words, due to the establishment of the affidavit system, the financially disadvantaged applicants may be protected from the failure of being compensated if they win the litigation.On the other hand, due to the establishment of provisional seizure system, applicants may use provisional property seizure and preliminary injunction in advance to force defendants for settlement without evasion.Nevertheless, as per the attached Table 3 for the number of affidavits issued by the Foundation’s branches, some branches had not yet issued any affidavits; and except for Taipei and Hualien branches, other branches had a very low usage rate of the affidavit system.For the coming year, each branch shall issue affidavits without hesitation for cases with possibilities of winning, so the applicants may acquire compensation if they win the litigations. This can ensure a the proper usage of the affidavit system to its full extent.

Table 3 Statistics for the guarantee amounts of the affidavits issued by the Foundation and the provisional seizure amounts

Code

Category

Statistics

A

Total number of cases

161

B

Total amount guaranteed by affidavits

76,529,498

C

Provisional seizure amount decided correspondently with affidavits.

298,615,786

D

Average guarantee amount for each affidavit

475,338

E

Average corresponding provisional seizure amount against each affidavits

1,854,756


Branch

A

B

C

D

E

Taipei

102

67,928,192

244,095,386

665,962

2,393,092

Kaohsiung

1

150,000

450,000

150,000

450,000

Tainan

3

480,000

4,801,304

160,000

1,600,434

Taichung

4

1,048,907

7,841,719

262,226

1,960,429

Hualien

1

700,000

6,755,815

700,000

6,755,815

Taoyuan

7

2,789,999

11,380,000

398,571

1,625,714

Hsinchu

11

2,192,000

17,177,079

199,273

1,561,553

Yilan

0

0

0

0

0

Changhua

32

1,240,400

6,114,482.5

38,762.5

191,077.6

Taitung

0

0

0

0

Total

161

76,529,498

298,615,786

475,338

1,854,756

 
 
4. The majority of applicants were unemployed and/or labor workers, at about 70%:

As per the list of the ratios of applicants’ occupations, about 70% were applicants who were unemployed (47.93%) and/or labor workers (21.45%)(Please refer to attached Table 4 for further details).For the approved cases, 50.18% of them were unemployed, followed by labor workers at 23.31%.This illustrates that a majority of the legal aid cases approved by the Foundation are applied by the umemployed or labor workers. (Please refer to the attached Table 5 for further details)

he ratios of the approved aid cases in different occupations are between 51% (for civil servants + teaching faculties) to 66.93% (for labor).The approval rate for labor occupation (66.93%) is about 5% higher than the average approval rate at 61.5%.According to the data analysis, the aid cases applied by labor workers seem to pass the examination with more ease (please refer to attached Table 6 for further details)

Attached Table 4 : Ratios of applicants’ occupations.

Code

Category

Total

Ratio

A

Unemployment

8574

47.93%

B

Physical Labor workers

3837

21.45%

C

Freelancers

1479

8.27%

D

Housekeeping

729

4.08%

E

Business

687

3.84%

F

Non-physical Labor workers

682

3.81%

G

Students

662

3.70%

H

Farmers

283

1.58%

I

Teaching faculties

231

1.29%

J

Civil servants

192

1.07%

K

Military personnel

91

0.51%

L

Others

442

2.47%


Branch

A

B

C

D

E

F

G

H

I

J

K

L

Taipei

4305

1569

597

215

280

273

294

33

107

58

30

36

Kaohsiung

708

310

197

66

62

54

44

45

14

12

4

210

Tainan

851

528

166

131

68

139

69

39

24

16

9

11

Taichung

1113

411

200

60

64

51

82

31

23

35

11

160

Hualien

385

323

84

143

127

58

64

63

21

32

21

10

Taoyuan

317

244

21

17

14

38

55

7

7

1

6

2

Hsinchu

285

138

93

36

26

26

15

16

18

5

4

1

Yilan

232

126

58

36

30

6

13

14

1

5

3

5

Changhua

257

117

40

18

8

34

20

14

5

12

0

7

Taitung

121

71

23

7

8

3

6

21

11

16

3

0

Total

8574

3837

1479

729

687

682

662

283

231

192

91

442

Total(%)

47.93

21.45

8.27

4.08

3.84

3.81

3.70

1.58

1.29

1.07

0.51

2.47

Table 5 : Ratios of the occupations of the legal aid recipients

Category

Total

Ratio

Unemployment

3834

50.18%

Physical labor workers

1781

23.31%

Freelancers

571

7.47%

Housekeeping

389

5.09%

Business

245

3.21%

Non-physical labor workers

244

3.19%

Students

217

2.84%

Farmers

80

1.05%

Teaching faculties

68

0.89%

Civil servants

44

0.58%

Military personnel

31

0.41%

Others

136

1.78%

Table 6: Approval rate of the cases applied according to applicant’s occupation

Category

Number of approved cases

Number of refused cases

Approval rate

Physical labor workers

1781

880

66.93%

Freelancers

571

386

59.67%

Unemployment

3834

2605

59.54%

Non-physical labor workers

244

188

56.48%

Business

217

190

53.32%

Military personnel

31

23

57.41%

Civil servants and teaching faculties

85

81

51.20%

 
 
5. Criteria for the cases examined by each branch:
  1. The case approval rate varies from branch to branch
    A total of 17,889 cases were received by all branches during the period of July 1, 2004 through June 30, 2005.The average case approval rate was 61.5%; Kaohsiung branch had a 73.9% of approval rate (12% higher than the average rate) and Tainan branch got a 47.9% (lower than average rate).It requires further investigation to find out if the difference is caused by the difference of regional conditions or the inconsistent examining criteria used by each branch. (Please refer to attached Table 7 for further details)
  2. Reasons for refusal of cases: “Insufficient reason” took the majority followed by “financial ineligibility”

    In terms of the reasons for the refusal of cases, “insufficient reason” according to the facts submitted by the applicants took the majority at 35.16%, followed by the reason of “failure to meet financial eligibility” at 23.72% (Please refer to attached Table 9).By investigating the ratio of the refused cases under the ground of financial ineligibility from the total cases refused by branches, Yilan branch had the highest ratio on “financial ineligibility” whereas Taitung branch had lowest ratio at 10.34%.In regards to other branches, they generally maintained a level of 20%.There appears to be no distinction between each of the branches in regards to the definition of an applicant’s financial ineligibility,. (Please refer to attached Table 9 for further details)

    Cases that were refused by the Foundation with “insufficient reason” took 35.16% of total cases (Please refer to attached Table 10 for detail).However, after perusing the branches’ data, it appeared that Changhua branch had only 27.13% of total cases being refused due to “insufficient reason” whereas Taitung branch had a high ratio of 55.17% taking more than half of its total cases.The Foundation needs to compile more cases under the category of “insufficient reasons” to concretely define this category, for it is doubtful that all cases should be refused under these grounds of “insufficient reason”.It is crucial for the Foundation to unify the examining standards of each branch.

Table 7 The number of approved cases and the approval rate

Branch

Full aid

Partial aid

Refusal

Approval rate

Kaohsiung

1241

5

439

73.9%

Yilan

194

1

79

71.2%

Taoyuan

310

10

171

65.2%

Taitung

53

1

29

65.1%

Taipei

4021

77

2386

63.2%

Hualien

244

7

177

58.6%

Hsinchu

133

2

99

57.7%

Changhua

154

2

129

54.7%

Taichung

561

8

593

49.0%

Tainan

610

6

671

47.9%

Total

7521

119

4773

61.5%

Table 8 Ratios for the reasons of refusal

Category

Total cases

Ratio

Insufficient reason

1678

37.95%

Financial ineligibility

1132

25.60%

Revisions not being done by deadline

380

8.59%

Beyond the scope or category for aid

341

7.71%

The benefit gained by the applicants from winning the case is smaller than the expenses spent on litigation and lawyer compensation.

93

2.10%

The items do not apply correctly to the fields of legal aid

72

1.63%

Illegitimate residents

13

0.29%

The litigations are processed outside the Taiwan area

4

0.09%

Litigations against the Foundation

2

0.05%

Others

70

15.99%

Note: Since more than one reason can be selected by the examining members for refusal of a case, the sum total number of cases is greater than the total number of refused cases.

Table 9 The ratios of “financial ineligibility?in total refused cases

Category

The number of cases refused due to “financial ineligibility”

Total number of refused cases

Ratio of “financial ineligibility” in total refused

Tota

1132

4773

23.72%


Branch

Financial ineligibility

Total numberof refused cases

Ratio of “financial ineligibility in total refused cases

Yilan

30

79

37.97%

Hualien

62

177

35.03%

Hsinchu

27

99

27.27%

Taoyuan

43

171

25.15%

Taichung

145

593

24.45%

Tainan

162

671

24.14%

Taipei

548

2386

22.97%

Changhua

29

129

22.48%

Kaohsiung

83

439

18.91%

Taitung

3

29

10.34%

Total

1132

4773

23.72%

Table 10 Ratio of “insufficient reason?in total refused cases

Branch

Number of the cases refused with “insufficient reason”

Total number of refused cases

Ratio of the cases refused with “insufficient reason”

Taitung

16

29

55.17%

Kaohsiung

173

439

39.41%

Taipei

928

2386

38.89%

Hsinchu

36

99

36.36%

Yilan

26

79

32.91%

Taichung

178

593

30.02%

Hualien

52

177

29.38%

Taoyuan

48

171

28.07%

Tainan

186

671

27.72%

Changhua

35

129

27.13%

Total

1678

4773

35.16%

 
 
6. The aid methods for aid cases and the aid status in each branch:
  1. The majority of manners of legal aid took the form of litigation representation or advocacy (79% of total aid cases) whilemediation or settlement only took 2%:
    For the approved cases, 50% of them were assigned with lawyers by the Foundation as the litigation or advocacy representative.The cases requested for mediation or settlement only took 1.47%.The remainder cases were legal consultation and the drafting of legal documents (Please refer to attached Table 11 for detail).Without including legal consultation, the cases assigned by the Foundation with lawyers as the litigation or advocacy representatives took 78.55%.This shows that litigation representation is still the mainstream in the cases taken by the Foundation (Please refer to attached Table 12).
    ediation or settlement cases (175 cases) only represented 1.47% out of the total aid cases.By deducting legal consultation cases, it was still merely 2.29%, a very low ratio.By referring to the attached Table 35 for “the ratios of the results of closed civil cases’, it can be seen that the success of mediation/settlement took 22.15% of total civil closed cases.It shows that the assignment of legal aid lawyers still has its effect to facilitate the mediation/settlement..
  2. The ratio of legal consultation cases varies considerably from branch to branch:
    In order to maximize usage of limited legal resources for the most people, the Foundation usually refers most of the legal consultation cases to other institutes where free legal services are offered (such as bar associations, litigation guidance section in courthouses, etd).At the same time, the Foundation will also inform the applicants if there is a need for them to have a lawyer represent them or draft a litigation in the future, they may reapply to the Foundation for legal aid.However, if the applicants do not clearly express their requests for legal consultation in the first place, based on the Foundation’s conviction for offering convenience to the public, it will still provide brief legal consultation service to the applicants for their questions.Taking into consideration the gap between cities and counties for the availability of judicial resources, legal consultation services will still be provided in Hualien and Taitung branches as well as Penghu, Kinmen and Matsu branches established on July 1, 2005.
    total of 4,272 legal consultation cases have been taken up by the Foundation in its first year of launch, taking up 35.86% of total cases since opening day (please refer to attached Table 11 for further details).As per the list (attached Table 13) for the ratios of legal aid categories, Hualien branch had the highest ratio for legal consultation service at 75.91% whereas Taoyuan had merely 12.33%, the lowest ratio among the branches.Amongst the 357 legal consultation cases taken by Hsinchu branch, 50 of them were the study-type legal consultation cases which included lawyers’ involvement (When the cases can not be settled by simply oral consultation, the foundation will assign a lawyer to help applicants study the legal problems).(Please refer to attached Table 13 for further details).
  3. The way to handle litigation representation or draft legal documents also varies from branch to branch:
    As per attached Table 12 for the ratio of aid categories (excluding legal consultation), 78.55% of the cases were the ones for the service of litigation representation or advocacy whereas the service for legal document drafting only took 19.16%.However, by referring to the statistics in above Tables, the data still vary considerably from branch to branch.For instance, 88.89% of cases taken by Taitung branch were for litigation representation or advocacy service, whereas Taichung branch had 56.59%.Taichung branch had a very high ratio at 43.41% in their service for legal document drafting.This illustrates that the focus made by the examining members for the extent of the services in each branch is different (Please refer to attached Table 14 for detail).Some may think of assisting applicants with litigation representation while others may feel it would be sufficient to help applicants with legal document drafting.

Table 11 Ratios of the categories of approved cases (including legal consultation)

Category

Total

Ratio

Litigation representation or advocacy

6001

50.38%

Legal consultation

4272

35.86%

Drafting of legal documents

1464

12.29%

Mediation or settlement

175

1.47%

Total

11912

100%

Table 12 Ratios of the categories of approved cases (excluding legal consultation)

Category

Total

Ratio

Litigation representation or advocacy

6001

78.55%

Drafting of legal documents

1464

19.16%

Mediation or settlement

175

2.29%

Total approved cases

7640

100%

Table 13 Ratios of the categories of the legal aid cases at each branch (including legal consultation)

Branch

Litigation representation or advocacy

Consultation

Drafting of legal documents

Mediation or settlement

Cases

Ratio

Cases

Ratio

Cases

Ratio

Cases

Ratio

Taipei

3352

68.91%

765

15.73%

643

13.22%

104

2.14%

Taichung

322

27.83%

588

50.82%

247

21.35%

0

0.00%

Tainan

427

50.71%

227

26.96%

163

19.36%

25

2.97%

Kaohsiung

1034

44.17%

1095

46.77%

203

8.67%

9

0.38%

Hualien

220

21.11%

791

75.91%

24

2.30%

7

0.67%

Taoyuan

235

64.38%

45

12.33%

58

15.89%

27

7.4%

Hsinchu

117

23.78%

357

72.56%

17

3.46%

1

0.20%

Changhua

96

27.04%

199

56.06%

58

16.34%

2

0.56%

Yilan

150

38.86%

191

49.48%

45

11.66%

0

0.00%

Taitung

48

70.59%

14

20.59%

6

8.82%

0

0.00%

Total

6001

50.38%

4272

35.86%

1464

12.29%

175

1.47%

Tale 14 Ratio of the categories of the legal aid cases at each branch (excluding legal consultation)

Branch

Litigation representation or advocacy

Drafting of legal documents

Mediation or settlement

Cases

Ratio

Cases

Ratio

Cases

Ratio

Taipei

3352

81.78%

643

15.69%

104

2.54%

Taichung

322

56.59%

247

43.41%

0

0.00%

Tainan

427

69.43%

163

26.50%

25

4.07%

Kaohsiung

1034

82.99%

203

16.29%

9

0.72%

Hualien

220

87.65%

24

9.56%

7

2.79%

Taoyuan

235

73.44%

58

18.13%

27

8.44%

Hsinchu

117

86.67%

17

12.59%

1

0.74%

Changhua

96

61.54%

58

37.18%

2

1.28%

Yilan

150

76.92%

45

23.08%

0

0.00%

Taitung

48

88.89%

6

11.11%

0

0.00%

Total

6001

78.55%

1464

19.16%

175

2.29%

Table 15 Ratios of study-type legal consultation cases in total legal consultation case

Category

Total number of legal consultation cases

Total number of study-type legal consultation cases

Ratio for the cases assigned with lawyers

Total

4272

69

1.62%


Branch

Total number of legal consultation cases

Number of study-type legal consultation cases

Ratio for the cases assigned with lawyers

Hsinchu

357

50

14.01%

Taipei

765

6

0.78%

Kaohsiung

1095

6

0.55%

Yilan

191

1

0.52%

Taichung

588

3

0.51%

Tainan

227

1

0.44%

Hualien

791

2

0.25%

Taoyuan

45

0

0.00%

Changhua

199

0

0.00%

Taitung

14

0

0.00%

Total

4272

69

1.62%

Note: “the study-type legal consultation cases” refers to cases which are complicated and require lawyer’s assistance..