Ching-fang Hsu, Ivan Kan-hsueh Chiang, Yun-chien Chang
{"title":"Lawyers' legal aid participation: A qualitative and quantitative analysis","authors":"Ching-fang Hsu, Ivan Kan-hsueh Chiang, Yun-chien Chang","doi":"10.1111/jels.12385","DOIUrl":null,"url":null,"abstract":"<p>This article develops a framework to understand the legal profession's participation in providing services to indigent clients. Our theory is based on two factors: whether lawyers have successful practices, and whether the legal aid delivered to indigent clients is free or below market price. Pro bono signals moral high ground in the profession. Conversely, a regime in which legal assistance is provided at a discounted market price (“low bono”), an under-explored area in the literature, attracts less competitive attorneys, and doing legal aid cases is perceived as signifying incompetence in one's professional capacity. Using a unique, comprehensive data set on all legal aid lawyers in Taiwan (nearly 4000), two nationwide attorney surveys, and 143 in-depth interviews with practicing lawyers across the country, we offer the first comprehensive empirical analysis of legal aid lawyers and explain that the design of a legal aid regime attracts lawyers of different hemispheres into the endeavor.</p>","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"21 2","pages":"337-374"},"PeriodicalIF":1.2000,"publicationDate":"2024-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Empirical Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jels.12385","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This article develops a framework to understand the legal profession's participation in providing services to indigent clients. Our theory is based on two factors: whether lawyers have successful practices, and whether the legal aid delivered to indigent clients is free or below market price. Pro bono signals moral high ground in the profession. Conversely, a regime in which legal assistance is provided at a discounted market price (“low bono”), an under-explored area in the literature, attracts less competitive attorneys, and doing legal aid cases is perceived as signifying incompetence in one's professional capacity. Using a unique, comprehensive data set on all legal aid lawyers in Taiwan (nearly 4000), two nationwide attorney surveys, and 143 in-depth interviews with practicing lawyers across the country, we offer the first comprehensive empirical analysis of legal aid lawyers and explain that the design of a legal aid regime attracts lawyers of different hemispheres into the endeavor.