財團法人法律扶助基金會
Legal Aid Foundation
The Legal Aid Foundation provides consultation services free of charge and covers attorney fees. Please note that for telephone consultations, your telecommunication service provider will charge standard phone call rates.
No fee will be charged for legal aid applications. If anyone offers to help you or apply on your behalf for a fee, please inform the LAF immediately.
The process of applying for a legal aid lawyer through the LAF is free of charge. However, costs may be incurred after receiving legal aid. Expenses generally fall into the following categorizes:
- Cost after being approved for legal aid: Lawyer’s fees, contribution fees, litigation expenses, and other necessary costs. You may apply for an advance to cover these payments.
- Special circumstances: Costs incurred reviewing the scope of legal aid and application fees to issue a guarantee certificate.
- Costs after the conclusion of legal aid: Repayment contributions, reimbursed contribution fees, and cancellation fees.
The LAF is commissioned by the government to provide special assistance in programs for various groups entitled to more flexible financial review standards. You are recommended to first apply under legal aid standards as this generally offers better protection of your rights. If you do not meet the standards, you can choose from various commissioned assistance programs. The cost obligations after approval in each program may differ slightly. In principle, the review committee will only assess the application based on the standards of the selected assistance program.
The need to pay attorney fees depends on the LAF review decision
- First scenario: If the LAF review grants full legal aid, you are not required to pay any attorney fees.
- Second scenario: If the LAF review grants partial legal aid, you are required to pay a portion of the attorney fees. This amount is called a cost-sharing amount. Please refer to the Cost-Sharing Amount/Previously Advanced Cost-Sharing Amount section below for further details.
- Third scenario: If the LAF review results in rejection, the LAF cannot assign an attorney to your case. Even if you are willing to pay a portion of the fees, the LAF cannot provide assistance. If you still require legal representation, please contact your local bar association.
Once your case has been granted legal aid by the LAF, during the provision of legal aid or after your case has concluded, if there are necessary expenses related to litigation that need to be paid (such as court fees, witness daily allowances, travel expenses, expert witness fees, government fees, etc.), you can apply to the LAF for payment. The LAF will submit an application to the review committee for further deliberation, and the review committee will decide whether to approve the payment.
If, during the provision of legal aid, if your case necessitates the issuance of a guarantee, your application will undergo a review by the LAF review committee. Approval is contingent upon the committee determining that the case demonstrates a strong likelihood of success and that the issuance of a guarantee is essential to secure claims or halt compulsory execution.
If you are awarded more than NT$500,000 in cash, real estate, personal property, or other assets as a result of the legal aid provided by LAF attorneys, you may be required to repay attorney fees and other expenses the LAF paid on your behalf. Such payments are known as repayments.
The Examining Committee will decide whether you are required to pay and, if you are, the amount and the due date.
※ In debt resolution cases the goal is to clear your debt. Aid recipients will not receive any assets in the process and therefore will not be required to make repayments.
Calculation method:
For example: If the LAF has paid on your behalf a total of NT$70,000 in attorney remuneration in the first and second instances and another NT$20,000 in court charges, and you receive NT$800,000 with the assistance of LAF attorneys, the amount you may be required to pay is (NT$70,000 + NT$20,000) x 50% = NT$45,000.
What should I do if I am experiencing difficulties?
You can explain the difficulty to the LAF and apply for a reduced payment or installment plan.
Consequences of failure to pay
If you are not eligible for an exemption and not experiencing any difficulties but have deliberately failed to make the payment as required, the LAF will apply for a court ruling of compulsory enforcement against assets under your name.
When will I be required to pay?
If the Examining Committee approves partial legal aid when your financial status is slightly higher than the eligibility criteria, you will be responsible for a portion of the attorney fees and other necessary legal fees. At this point, if you have difficulty making the payment on your own, you may apply for an advance from LAF. If the Examining Committee approves the advance, you will be required to repay the sum of attorney fees and necessary expenses advanced to you when the legal aid attorney closes the case.
Calculation method
For example: The Examining Committee sets the attorney remuneration at NT$30,000. If your financial status is slightly higher than the eligibility criteria, you will be required to pay one-third of the attorney remuneration, or NT$10,000. If you cannot afford to pay right away, you may apply to the LAF for an advance of NT$10,000. The repayment due when the attorney closes the case will be NT$10,000.
What should I do if I am experiencing difficulties?
Explain your difficulty to the LAF and apply for a reduced payment or installment plan.
Consequences of failure to pay
If you are not eligible for an exemption and not experiencing any difficulties but have deliberately failed to make the payment as required, the LAF will apply for a court ruling of compulsory enforcement against assets under your name.
If, after your application is approved, the sum to be requested while you are receiving legal aid exceeds NT$5 million or the sum requested is of an unreasonable amount, the legal aid attorney will report the case to LAF as required, and re-assess whether the sum is reasonable.
When will I be required to pay?
After the LAF has assigned an attorney to provide you with legal assistance, if it discovers that you have withheld information or provided untrue information regarding your case or financial conditions, the LAF will withdraw the assistance provided to you, and you shall be required to repay all necessary expenses, including attorney fees and other legal fees, that the LAF has paid to support your case.
Calculation method
For example: If the LAF has paid on your behalf a total of NT$70,000 in attorney remuneration in the first and second instances, and the advance for court charges paid on your behalf is NT$20,000, you will be required to repay the LAF a sum of (NT$70,000 + NT$20,000) = NT$90,000.
What should I do if I am experiencing difficulties?
Explain the difficulty to the LAF and apply for a reduced payment or installment plan.
Consequences of failure to payd
If you are not eligible for an exemption and not experiencing any difficulties but have deliberately failed to make the payment as required, the LAF will apply for a court ruling of compulsory enforcement against assets under your name.
