How to Apply     l See Flow Chart>> l

Application(application by prior telephone appointment):

(A) Submitting applications: applicants may apply at the nearest branch office or authorize a representative to do so.

(B) Documentation required:

1. personal identification card of the applicant or his or her representative.
2. the latest 3 months?Transcript of Household Register for the applicant's household or the latest 3 months?Register of Addresses and Names for the applicant's household. Where necessary, the Transcript of Household Register of the applicant's relatives will be required to ascertain the number of the applicant's dependents.
3. proof of financial circumstances: a schedule of assets owned by the applicant’s household, a schedule of income received which are listed in the comprehensive income tax return lodged in the past year, documents showing low-income household status, or other documents showing financial circumstances.
4. information relevant to the case/application.

(C) Staff compiles information for the application.

Initial Assessment: The Examining Commissioner interviews the applicant regarding his or her financial circumstances and relevant facts of the application.

Assessment:

(A) 3 Examining Commissioners sit as a Committee and decide applications by consensus.

(B) matters decided by Examining Committees include: whether to grant legal aid; whether to fully or partially grant legal aid; the type of legal aid services to be provided (litigation representation, drafting of documents, representation in mediation or settlement), fees for legal aid service providers; where partial legal aid is granted, the contribution payable by applicants and the time of payment.

(C) staff notify applicants by telephone and send formal notices, and notify legal aid service providers by facsimile and registered mail.

Review of Decision:

(A) An applicant may appeal to the Review Committee of the Foundationwithin 30 days if he or she is not satisfied with the outcome of his or her application.

(B) Appeals are lodged with the branch office that decided the application.

(C) The Review Committee decides appeals with the consensus of 3 Commissioners. Where necessary the Committee may require applicants to show up in person for clarification, or may ask for the opinion of the branch office.

(D) Once the Review Committee has decided whether to maintain or revoke the decision of the Examining Committee, they notify the applicants of such decision by written notice.

Provision of legal aid services:

(A) Notifying legal aid service providers: staff appoints legal aid service providers on the day when the decision to grant legal aid is made.

(B) He provision of legal aid services: once attorneys have commenced legal aid services, branch offices notify the Foundation for the advance payment of legal fees.

(C) Termination or revocation of legal aid: the Examining Committee may terminate or revoke legal aid in the circumstances provided by Articles 22 and 23 of the Legal Aid Act.

Final Stage:

(A) at the conclusion of legal aid: branch offices report to the Foundation for payment of legal fees upon receiving attorneys’ proof that the legal aid matter has concluded.

(B) survey of the performance of legal aid services providers.

Termination or Revocation of Legal Aid

(A) Revocation of legal aid: if the documentation or statements provided by a recipient of legal aid contain false or misleading information, legal aid should be revoked.

(B) The Foundation may terminate legal aid in the following circumstances:

1. where a recipient is no longer financially eligible due to inheritance, bestowal or for any other reasons;
2. where the recipient of legal aid has died;
3. where legal aid has become unnecessary because the relevant laws or circumstances of the case have changed or because the subject matter of litigation has been destroyed;
4. where a recipient has, without due reason, failed to cooperate with what are required in the provision of legal aid, or has failed to contribute to the legal fees and necessary expenses as required so that proceedings cannot continue, or has behaved in an inappropriate manner towards the provider of legal aid services; or
5. where it is no longer necessary to provide legal aid for other reasons.

Flow Chart on Legal Aid Application Procedures