TAIWAN Law and Practice Contributed by: Peng-Kwang Chen, I-Ming Chen, Pamela Huang and Claudia Huang, Formosa Transnational Attorneys At Law
2. Litigation Funding 2.1 Third-Party Litigation Funding Third-party litigation funding is permitted when the following requirements are met: • a lawyer has obtained the consent of a client; and • accepting funding from a third party will not preju- dice a lawyer’s independent professional judgment. 2.2 Third-Party Funding: Lawsuits There is no restriction on the types of litigation that a third party can fund in Taiwan. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is available for both the plaintiff and defendant. There are no restrictions specific to the plaintiff or defendant. 2.4 Minimum and Maximum Amounts of Third-Party Funding There is no restriction on the amount that a third party can fund. 2.5 Types of Costs Considered Under Third- Party Funding Third-party funding is not limited to specific types of expenses, and may cover court fees, examination fees, and other litigation-related expenses. 2.6 Contingency Fees There are certain kinds of cases where a lawyer is prohibited from entering into a contingency agreement with a client. These include: • criminal cases; • cases under the Juvenile Justice Act; and • family cases other than family cases involving property, such as division of marital property, and inheritance. For other cases, attorneys and clients may agree on contingency fees.
which the Commercial Case Adjudication Act is appli- cable), the courts usually commence the mediation proceeding no later than four months after the lawsuit is raised. The nature and complexity of the dispute, as well as the parties’ willingness to negotiate, are fac- tors that affect the duration of mediation proceedings. If the parties fail to reach a settlement in the media- tion proceeding, the court will then schedule the first trial hearing within one to two months after mediation ends. In contrast, for a lawsuit where pre-trial media- tion is not statutorily required, the court typically tries the case within one to two months. Regardless of whether pre-trial mediation is required or not, the trial of the case may take up to one year (or longer), with several hearings scheduled during the period. 1.3 Court Filings and Proceedings Generally, court proceedings for most cases are open to the public, with exceptions where it is necessary to conduct proceedings in private to protect the interests of the parties. The exceptions include: • cases involving national security, public order, or social values; • sexual assault crime cases; • family cases and juvenile cases; and • legal debates in which there is a risk of harm to the life, body, or freedom of witnesses. Additionally, the court may also, upon the request of the parties, conduct a non-public trial, when: • litigation materials involve trade secrets; or • the claims or defences presented by the parties involve the privacy or business secrets of the par- ties or third parties. 1.4 Legal Representation in Court In Taiwan, legal representatives are required to be qualified as Taiwanese lawyers. However, with the permission of a judge, non-lawyers can be appointed as legal representatives. Unlike legal jurisdictions that differentiate between solicitors and barristers, the Tai- wan judicial system does not make such a distinction. Any qualified Taiwanese lawyer may represent their clients in all levels of courts.
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