A Stundy on the Duities and Responsibilities of Attorney in the Legal Aid Process

• Main Authors: Tsai,I-Chen, 蔡易珍
• Other Authors: Chang,Che-Yuang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/35789116482979456303

碩士 === 玄奘大學 === 法律學系碩士班 === 96 === The legal aid system has been established in Western countries for many years and this system is enacted in July 2004 in Taiwan. The purpose of the legal aid system is to protect the right of litigation and equality of people who often loose the opportunity of justice access due to the insufficiency of fund. However, under the circumstance of current Legal Aid Act, the definition of Legal Aid Foundation is vague. Moreover, to offer legal aid service is mandatory to the attorneys as set out in section 25(a) and 27(b) and may incur the issue of violation of attorney’s independency which is based on the nature of public interest. This essay will explain the issues aforesaid through the concepts of the public legal entity and the independency of attorney. Subsequently, it will discuss the tri-lateral relationships among the Legal Aid Foundation , the attorneys and the clients under the Legal Aid Act. Lastly, it will analyze the nature and the pros and cons of section 30 in comparison with the systems of British and Japanese.