The Legal Aid Act covers people without sufficient means and people otherwise unable to obtain appropriate legal protection (Article 5). Certain criminal defendants without counsel may qualify even without satisfying the ordinary financial-need category. Apply through a branch of the Legal Aid Foundation; the branch decides in writing after review, and if you disagree with the decision, you can ask for it to be reconsidered within 30 days (Articles 17, 18 and 36). A lawyer must disclose the fee amount or method when the engagement is formed, preferably in writing, and may not agree to a fee that depends on the outcome of a criminal case (Attorney Ethics Rules, Article 39). This site does not quote a fixed price: scope and how fees are calculated are explained before you retain counsel.
What is legal aid, and who meets the financial-need category?
The Legal Aid Act provides necessary representation, defense, assistance and consultation to people without sufficient means or otherwise unable to obtain adequate legal protection (Articles 1 and 4). The Legal Aid Foundation administers the program (Article 3).
Article 5(1) includes low-income and lower-middle-income households under the Social Assistance Act, qualifying families in special circumstances, and people whose disposable assets and monthly disposable income fall below the Foundation's standards. The Foundation sets the specific asset and income thresholds under Article 5(3).
Can I apply without being in a low-income household?
Possibly. Article 5(4) lists other reasons a person may lack adequate legal protection. Examples include a person accused of an offense with a minimum statutory prison term of at least three years, or a first-instance High Court case, who has no defense lawyer at the first investigative questioning or during trial; an Indigenous defendant or suspect without counsel; a person unable to make a complete statement because of specified neurological, mental or intellectual impairment and without counsel, or who has no representative during trial when the presiding judge finds one necessary; a juvenile in one of those first three categories without an assistant during investigation or hearing; another trial or juvenile case in which no defense lawyer, representative or assistant has been appointed and the presiding judge finds an appointment necessary; and a major public-interest or similarly significant case accepted by the Foundation.
本法所稱因其他原因無法受到法律適當保護者，係指下列情形之一：一、涉犯最輕本刑為三年以上有期徒刑或高等法院管轄第一審案件，於偵查中初次詢（訊）問、審判中，未經選任辯護人。二、被告或犯罪嫌疑人具原住民身分，於偵查、審判中未經選任辯護人。三、因神經系統構造及精神、心智功能損傷或不全，無法為完全陳述，於偵查、審判中未經選任辯護人；或於審判中未經選任代理人，審判長認有選任之必要。四、前三款情形，於少年事件調查、審理中，未經選任輔佐人。五、其他審判、少年事件未經選任辯護人、代理人或輔佐人，審判長認有選任之必要。六、重大公益、社會矚目、重大繁雜或其他相類事件，經基金會決議。（法律扶助法第5條第4項）
Unofficial English summary (not an official translation): Legal Aid Act Article 5(4) covers six categories of applicants needing protection outside ordinary financial need, including specified unrepresented criminal and juvenile matters and Foundation-approved major public-interest or comparable cases.
Is a financial-means review always required in a criminal case?
No. Applicants within Article 5(1)'s first two financial categories or Article 5(4)'s first five other-protection categories are exempt from a means review when applying (Legal Aid Act, Article 13(2)(1)–(2)). For major public-interest cases under Article 5(4)(6), the Foundation decides whether to conduct a means review (Article 13(5)). The statutory category and the other application requirements still need examination.
How do I apply, and what information is needed?
A person within the Act's categories may apply orally or in writing to a Foundation branch. Article 17 requires identity information, the Article 5 basis with supporting explanation or documents, a statement of the legal matter and supporting evidence, and the type of aid requested. The branch records an oral application for the applicant to confirm and sign; it gives a period to correct an application that does not meet formal requirements.
How is the application decided, and can I challenge a refusal?
For an application that satisfies the eligibility and procedural requirements, the branch must grant legal aid in a written decision, specifying the form and extent of aid, any shared lawyer fees or expenses and due date, reasons, and the assigned lawyer (Article 18). An applicant or aided person dissatisfied with a branch review committee decision may seek reconsideration from the Foundation orally or in writing, with reasons, within 30 days after receiving the decision. The reconsideration decision cannot be challenged again under Article 36(4).
How are a lawyer's fees explained?
When a lawyer-client engagement is formed, the lawyer must disclose the amount of remuneration or how it is calculated; a written explanation is preferable (Attorney Ethics Rules, Article 39(1)).
This site does not list a fixed fee or a market rate. Different stages and issues require different work. Scope, fee items and how fees are calculated are explained before you retain counsel and confirmed in writing.
Can criminal counsel be paid only if the case is “won”?
No. Article 39(2) of the Attorney Ethics Rules prohibits an agreement for a fee dependent on the result of a criminal, juvenile or family matter. Its narrow exceptions concern certain family property matters and do not apply to a criminal case. A criminal defense engagement must not make remuneration depend on an acquittal or another particular result.
律師應於與當事人成立委任關係時，向委任人明示其酬金數額或計算方法，且以文字說明為宜。律師不得就家事、刑事案件或少年事件之結果約定後酬。但下列家事事件於不違反家事事件應統合處理原則且基本身分關係已確定者，不在此限：一、家事事件法第三條第三項第三款之丙類財產權事件；二、家事事件法第三條第三項第六款之丙類財產權事件。（律師倫理規範第39條）
Unofficial English summary (not an official translation): Article 39 requires disclosure of the fee or its calculation and bars outcome-based fees in criminal matters.
When might legal advice help?
If you are unsure whether you qualify for aid, need to confirm defense rights quickly in an investigation or trial, or want to understand the proposed scope of representation and fees, ask for an explanation before deciding. This is general information, not advice for an individual case.