TAIWAN Law and Practice Contributed by: Peng-Kwang Chen, Pamela Huang, Claudia Huang and Ching-Tzu (Katie) Chang, Formosa Transnational Attorneys At Law
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 excep- tions 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 par- ties involve the privacy or business secrets of the parties 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 Taiwan judicial system does not make such a distinction. Any qualified Tai- wanese lawyer may represent their clients in all levels of courts. 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 prejudice 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.
1355 CHAMBERS.COM
Powered by FlippingBook