Payment of legal fees by the Foundation:

• The Foundation pays the fees of the legal aid service providers. In general, attorneys are paid NT$20,000 to NT$30,000 for each litigation matter, which is about 1/3 or 1/2 of the usual rate.
• Examining Commissioners decide the rate of pay according to the Standard for Calculation and Payment of Legal Fees (See “Standard for Calculation and Payment of Legal Fees”).
• Where the matter is complex, or where the matter takes the provider outside the court’s geographical jurisdiction in which his or her office is located, then legal fees may be increased by 1 to 10 units (that is, NT$1,000 – 10,000) with the approval of the branch office.
• Where the same matter is being pursued by more than 1 applicant whose interests do not conflict, the legal fees payable is the lower limit of the total amount payable for the total number of applicants.
• Method of paying legal fees: the Foundation pays half of the attorney’s fees in advance, and pays the balance upon conclusion of the matter.
• The necessary costs of litigation are paid by the Foundation, and other expenses such as travel, photocopying and postages are paid by legal aid service providers. However, if the provider is required to travel to distant areas or the outer islands of Taiwan, the provider may seek subsidies from the Foundation to defray the travel expenses.

 

Obligations of legal aid service providers in civil matters:

1. apply to the court for procedural relief at the time of or after filing the claim. Under Article 62 of the Legal Aid Act, the court must grant procedural relief to recipients of legal aid.
2. If a recipient of legal aid is a plaintiff in a civil action, and it is necessary to apply to the court for an interlocutory sequestration order against the defendant, then under Article 65 of the Legal Aid Act, the legal aid service provider may apply to the branch office for a certificate on the basis that the matter has a highly favorable prospect of success. The branch office may issue the certificate if all three Examining Commissioners consent and the Director of the branch office approves.