Protecting the Public from "Fake Legal Aid" Scams Is the Government's Responsibility - Joint Press Conference by JRF, LAF, and the Debt Relief Self-Help Group

The Judicial Reform Foundation (JRF) received a complaint from Ms. A and discovered that the "Republic of China Legal Aid Association" had purchased Google keyword advertising for "Legal Aid Foundation," using the headline "Legal Aid Foundation Helps You-Free Government Legal Consultation" in a manner that confused the association with the Legal Aid Foundation (LAF), thereby diverting vulnerable people and obstructing their access to publicly funded legal-aid resources. At this press conference, JRF and its partners provide information to help the public identify "fake legal aid" and call on the competent government authorities to take active measures:

1. Regarding Attorney Shen Ching-Chia, then chair of the "Republic of China Legal Aid Association," and the association's allegedly improper solicitation of legal business, LAF and JRF will file complaints with the Fair Trade Commission and the relevant bar association.

   As shown in [Attachment 1: Facts of the ComplaintJRF received a complaint from Ms. A, who needed legal assistance after becoming involved in litigation arising from a dummy-account fraud case. Ms. A, a rank-and-file worker of limited means, searched online for "legal aid" in an effort to find legal-aid resources.

   Figure 1. Advertisement for the "Republic of China Legal Aid Association" (last checked February 8, 2022)

   But when she clicked on "Legal Aid Foundation," she was instead directed to the "Republic of China Legal Aid Association" website at "http://www.880085.net/."

   After Ms. A added the association on LINE through the website, its LINE representative emphasized that she should retain a lawyer, telling her things such as, "Many people think, like you, that if they argue hard enough the prosecutor will agree-but that just sounds like making excuses," and "We have many lawyers." The representative also sent her the business card of Attorney Shen Ching-Chia, the association's chair. Shen did in fact obtain the matter through the association's contact channel and assigned an employed attorney to prepare written submissions, charging Ms. A a total of NT$50,000 for drafting during the investigation. Later, while JRF was interviewing Ms. A about her dummy-account fraud experience, she mentioned that her experience with "legal aid" had been poor and showed staff the relevant LINE messages. Only after JRF staff explained the difference did she learn that LAF personnel do not refer clients to particular lawyers in this manner and that LAF-appointed attorneys do not charge aided clients fees. She then realized that she had been misled by the association.

   Under Google's keyword-advertising system, the advertiser itself selects and enters the advertisement headline. The fact that searches for "legal aid" displayed the words "Legal Aid Foundation" was therefore the deliberate result of choices made by the "Republic of China Legal Aid Association" as the advertiser.

   The Legal Aid Act is an important safeguard of disadvantaged people's right to a fair trial. By using "Legal Aid Foundation" as a keyword advertisement and blurring the distinction between genuine and "fake" legal aid, the "Republic of China Legal Aid Association" diverted people who were already vulnerable as they sought access to state-supported legal assistance. JRF and LAF believe this conduct may implicate Articles 21, 22, and 25 of the Fair Trade Act, which prohibit misleading advertising and related unfair conduct, and that soliciting legal business in this manner may violate Article 12 of the Rules of Professional Conduct for Attorneys. JRF and LAF will file formal complaints.

2. The Government Has a Responsibility to Protect the Public from "Fake Legal Aid" Scams

   According to the public juristic-person registration notice on the Judicial Yuan website, the association completed registration on February 24, 2021, indicating that it had already been operating for more than a year.

   In recent years, LAF and the Debt Relief Self-Help Group have also repeatedly heard from people who, after retaining services, discovered that the "association" they had contacted was not the Legal Aid Foundation established with funding from the Judicial Yuan pursuant to the Legal Aid Act. A simple Google search reveals other organizations using "aid association" in their names and advertising themselves as "government-designated service agencies," showing that such tactics are not uncommon.

   Figure 2. Advertisement for the "Republic of China Aid Association" (last checked February 8, 2022)

   Although the Ministry of the Interior generally conducts only a formal review when organizations of this kind are established under the Civil Associations Act, the government cannot stand aside once such organizations advertise in ways that mislead or confuse the public. It has a responsibility to protect people from deception both at the establishment stage and through subsequent oversight.

   JRF, LAF, and the Debt Relief Self-Help Group call on the Executive Yuan, together with the Ministry of the Interior, the Fair Trade Commission, and other relevant agencies, to develop measures protecting the public from "fake legal aid," proactively identify related cases, and safeguard the rights of vulnerable people.

3. [Call for Cases] How to Identify "Fake Legal Aid"-Tell Us If It Happens to You

   
   1. Legal Aid Foundation assistance is not limited to people who qualify as low-income or lower-middle-income households. If you need legal aid, call LAF's main number at 412-8518 and press 3 for accurate information.
   2. LAF provides free legal consultations to everyone. Staff and consulting attorneys will never tell you during a consultation how much you must pay for the case. Instead, they will ask you to make an appointment and apply through a local LAF branch. An attorney is assigned only after the application has been reviewed and approved by LAF.
      Figure 3. Legal Aid Foundation "Notice of Review Decision"
   3. If you need an attorney to appear in court or prepare pleadings, you must make an appointment and apply through a local LAF branch, except under the "Attorney Accompaniment at First Police Interrogation Program" and the "Attorney Accompaniment in Habeas Corpus Cases Program." After a local branch approves an application, the applicant receives a "Notice of Review Decision," stating the case number, scope and grounds of assistance, and contact information for the assigned attorney. The notice also bears the seal of the local LAF branch and contact information for the staff member handling the matter (see Figure 3).
   4. If you have been deceived by "fake legal aid," please call 412-8518 and press 4 to inform LAF. LAF will compile the relevant information and report it to the competent authorities.

Attachments

1. Facts of Ms. A's Complaint

Attendees

Attorney Lin Yung-Sung / Chair, Judicial Reform Foundation
Attorney Lu Shao-Wei / Standing Executive Committee Member, Judicial Reform Foundation
Attorney Sun Tse-Fang / Deputy Executive Director, Legal Aid Foundation
Wu Tsung-Sheng / Professor, Department of Sociology, Fu Jen Catholic University; long-time participant in the Debt Relief Self-Help Group
Legislator Chiu Hsien-Chih
Legislator Lee Kuei-Min
Legislator Huang Shih-Chieh
Attorney Hsieh Meng-Yu / Former Director of Staff Attorneys, Taipei Branch, Legal Aid Foundation

Contact

Attorney Li Ming-Ju / Staff Attorney, JRF | 02-2523-1178 ext. 17