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[Legal Life] Ch30 How Do I Find a Lawyer, and What Makes a Lawyer Good for Me?
Last edited: 2026-11-03
Hey everyone, after reading the 29-week short story, have any of you ever thought about what you would do if these things happened to you? If I need to find a lawyer as a result, how should I go about it? And what does a lawyer have to do to be considered a good lawyer?
Core Issue
How to find a lawyer? What should a lawyer do?
How to Find a Lawyer?
Ask Around
Out of fear that lawyers might instigate people to litigate aggressively, lawyer advertising is subject to many restrictions and controversies. Therefore, we rarely see advertisements on television or public transit proclaiming things like "Ace Attorney" or "This Lawyer Shocked the Whole World." Consequently, we usually have to ask around. Since everyone is bound to have at least one occasion in their lifetime to step inside a court (going in to use the free restroom doesn't count), even if you have no experience, you are bound to have friends around you with relevant experience. You can ask them whether their previous lawyer was okay or not. If you know friends in law school, they usually know a thing or two about lawyers with a good reputation.
Ask the Mighty Google
With technological advances today, asking around sometimes only yields one-sided information. Therefore, we can search for lawyer-related information online. For example, the well-known "Lawyer Rating Website" (評律網) collects information on cases handled by lawyers across Taiwan. When you visit the site, you can click on the legal dispute you are encountering and check which lawyers have how much experience in that field. In addition, local bar association websites also provide information such as lawyers' telephone numbers and addresses.
Famous Lawyers
With today's well-developed flow of information, you are bound to have heard of certain famous lawyers or law firms. They might have achieved fame and promotional effects by handling high-profile cases, writing articles, or hosting shows, which may even give people an understanding of their specialties. Therefore, if you trust fame, you can directly use the Google method mentioned earlier to find their firms. But after all, fame does not equal competence, so you should still shop around.
Law Firms Are Everywhere Near Courts
As the saying goes, there are three key factors when buying a house: "location, location, and location." The same logic applies to the legal profession (especially litigation lawyers). Therefore, law firms are most densely clustered around courts. If you truly cannot get recommendations and do not know who is famous, just take a walk near the court, talk to a few lawyers, and compare them. You might just find the right lawyer for you.
Seek Assistance from the Legal Aid Foundation
If you meet certain qualifications for applying for legal aid, such as being a low-income or lower-middle-income household, or coming from a specially situated family, etc., you can seek assistance from Legal Aid. They provide services such as legal consultations and the assignment of legal aid lawyers. In addition, Plain Law Movement (法律白話文) has also written articles about legal aid (EP22), which you can check out.
Do You Necessarily Need a Lawyer?
Under the current civil litigation system in Taiwan, there is no mandatory lawyer representation for the first and second instances. To put it in plain terms, aside from the third instance, you actually do not need to bring a lawyer (much like a certain person in a red coat)! Therefore, if you believe that today's litigation case is not overly complex, you can evaluate for yourself whether you need to hire a lawyer. The website "TalkEcon" (白經濟) once published an article titled "Does Hiring a Lawyer Help with Lawsuits? (Part 1, Part 2)," which offered interesting opinions on this matter. Those interested may take a look.
What Makes a Lawyer Good for Me?
After finding a lawyer, everyone naturally becomes curious: what should a lawyer do to be good for their client?
This is actually a very complex and subjective question. After all, what constitutes "good" is hard to define with a clear standard. Although the Attorney Regulation Act and the Code of Ethics for Attorneys have relevant regulations—such as that lawyers should enrich their legal knowledge, be prudent in speech and action, and thoroughly investigate the facts of the case—it is still difficult to determine who is a good lawyer and who is a bad lawyer when applied to specific cases. The most crucial factor is still looking at "the client's needs," balancing various issues from the perspectives of law and procedure.
The Lawyer's Litigation Strategy
For example, in the event of a traffic accident where the client was hit, we know that the client should be able to claim damages. However, as more information is uncovered, adjustments must be made. For instance: the tortfeasor might be a wealthy person, a minor, or a young person who has just started working and has little money. Although the amount of money recoverable under the law might be the same, the compensation capacities of these three types of people differ. At this point, the lawyer must explain this to the client and analyze which claim strategy would be most favorable to them.
For example, if the opposing party is wealthy, the focus should naturally be on satisfying the compensation amount as much as possible while preventing them from hiding their assets. But if the opposing party has relatively little money, the claim amount should be reduced within a reasonable range to settle the case quickly. After all, if the money ultimately cannot be recovered, it will only waste the client's time and money. Therefore, a good lawyer must communicate well with the client, let them know what the reality looks like, and make continuous appropriate adjustments to satisfy the client's interests.
Moreover, sometimes fighting a lawsuit to the bitter end simply wastes public resources and harms the people. Therefore, legal disputes do not necessarily have to be resolved through litigation alone. Appropriately pursuing mediation or settlement is sometimes the true way to safeguard the client's interests. Even at times when the evidence of guilt is conclusive yet the client refuses to accept or confess, the lawyer must advise the client to confess in a timely manner when it serves their best interest, and make every effort to facilitate it (Article 29 of the Code of Ethics for Attorneys).
In short, the relationship between a lawyer and a client is not a contracting relationship under Article 490 of the Civil Code, so there is no concrete "work result" (a lawyer cannot guarantee a win or loss). Therefore, empathizing with the client's needs, listening carefully, communicating clearly, and making appropriate judgments are the most crucial elements.
A Lawyer Should Keep My Confidences
Aside from litigation strategy, a lawyer who is good for their client will learn many of the client's secrets—that is, their privacy—in the process of handling the case. To ensure that the client can speak freely to the lawyer, the lawyer must bear a duty of confidentiality to gain the client's full trust, which in turn helps uncover the truth and genuinely aids the litigation. This is known as the "duty of confidentiality."
How broad is the scope of confidentiality? In principle, as long as it is a secret you know, it should be guarded, unless the information is already common knowledge and no longer a secret. Otherwise, a lawyer must always act as a guardian of secrets.
Furthermore, regarding utilization, if a lawyer obtains information from a client, they cannot use it to the client's detriment without the client's consent, unless the information has already been made public (Article 30-1 of the Code of Ethics for Attorneys).
However, the lawyer's duty of confidentiality is not absolute. If the client poses a potential danger to the life or body of others, if the client's crime is likely to continue and cause major property damage to others, or if the lawyer becomes a defendant in civil or criminal litigation or faces disciplinary action as a result of handling the client's case (Article 33 of the Code of Ethics for Attorneys), the lawyer may exceptionally be relieved from the duty of confidentiality toward the client out of public interest and self-interest.
When does the duty of confidentiality begin? As long as a lawyer comes into contact with a client in their capacity as a lawyer, the duty of confidentiality begins regardless of whether a retainer relationship is ultimately established. Furthermore, even after the retainer relationship ends or the client passes away, the lawyer must strictly uphold the duty of confidentiality and guard the client's secrets.
If a lawyer breaches the duty of confidentiality owed to the client, they may face disciplinary action from the bar association, and their reputation will also suffer severe damage.
A Lawyer Must Be Loyal to the Client
A lawyer once said, "A lawyer has a duty of loyalty to the client, but the client does not have a duty of loyalty to the lawyer." You may treat me with injustice, but I shall not treat you with disloyalty. This statement clearly shapes the role of a lawyer. A lawyer's purpose is fundamentally to safeguard the client's interests; therefore, a lawyer has an obligation to prevent situations involving "conflicts of interest with the client." A client can hire many lawyers, but whether a lawyer can be hired by many people at the same time is not so simple.
We can simply divide this into a few categories. The first category is "Conflict of Interest with Current Clients." For example, Lawyer A is currently retained by Company X to handle contractual issues with Company Y. However, Company Y wants to retain Lawyer A to handle other legal matters for its company. Because Lawyer A is already involved in the legal dispute between Company X and Company Y, if Lawyer A accepts Company Y's invitation, a potential conflict of interest with Company X would arise.
The second category is "Conflict of Interest with Former Clients." For instance, Lawyer A was retained by X to defend them in a suspected theft case. Later, Lawyer A's retainer was terminated for some reason, and the victim, Y, intends to retain Lawyer A to file a civil lawsuit against X. Although X is a thing of the past, there is no guarantee that the lawyer will not use information previously known about X to benefit the current client, Y. A conflict of interest would thus exist between the current client Y and X, so the case cannot be accepted.
The third category is "Conflict of Interest with the Lawyer or Other Third Parties." For example, X retains Lawyer A to file a civil lawsuit in Court A, but Lawyer A's spouse is the President of Court A. Alternatively, Lawyer A is an independent director of Company Y, yet Company Y wants Lawyer A to help handle a legal dispute between the company and its labor union. These all involve conflicts of interest that undermine the duty of loyalty between the lawyer and the client. Therefore, lawyers should not accept cases under the circumstances exemplified above.
Although clients do not have a "duty of loyalty" toward lawyers, clients must not conceal things from their lawyers and must be "honest" with them. They should truthfully tell the lawyer all the actual facts; otherwise, it will affect the lawyer's judgment on the litigation and ultimately harm the client's own litigation outcome—a lose-lose situation that benefits no one.
Is the Pay the Same Whether You Win or Lose?
As mentioned earlier, because a lawyer cannot guarantee a win or loss, the remuneration for a lawyer should in principle be clearly stated and agreed upon with the client regarding the calculation method beforehand. Moreover, if the case involving the client is a "criminal case," "family law case," or "juvenile case," because the interests involved are quite special, contingent fees based on the "result" cannot be adopted for these three types of cases. This is to prevent lawyers from becoming overly obsessed with the outcome and emotionally unstable due to a contingent fee (Article 35 of the Code of Ethics for Attorneys). Conversely, cases other than these three types may use contingent fees.
In addition, lawyers must not violate the law, attorney regulations, or bar association charter provisions to accept extra remuneration (Article 37 of the Attorney Regulation Act); they may only collect remuneration corresponding to the litigation services themselves.
Conclusion
We can find lawyers through the methods mentioned above, but we must also let lawyers understand our own needs, and clearly and honestly explain the facts of the case to them so that they can formulate a litigation strategy.
On the other hand, as a good lawyer, everything they know is subject to a duty of confidentiality. They must also clearly agree on remuneration in advance, understand the relational roles within the overall case to avoid falling into awkward situations with the client, and fulfill their duty of loyalty. Only then can they be considered a good lawyer.
Related Legal Provisions
《Code of Ethics for Attorneys》
Article 6: An attorney shall be prudent in speech and action so as to maintain the dignity and standing of the legal profession.
Article 7: An attorney shall recognize that the duties of an attorney are public functions, and in the performance of such duties, shall give balanced consideration to the lawful rights and interests of clients and the public interest.
Article 8: An attorney shall perform professional duties based on good faith, fairness, rationality, and conscience.
Article 9: An attorney shall participate in legal aid and grassroots legal services, or engage in other social public welfare activities to popularize legal services, except where exempted by law.
Article 26: An attorney handling legal affairs for a client shall endeavor to enrich the legal knowledge necessary for handling the case and make proper preparations. An attorney shall, in accordance with laws, regulations, and due process, make every effort to safeguard the client's lawful rights and interests, shall not delay the handling of the entrusted matter without justifiable reason, and shall promptly inform the client of important developments in the case.
Article 27: An attorney shall frankly inform the client of their legal opinion regarding the entrusted matter, and shall not intentionally misconstrue laws and regulations or make deceptive statements that mislead the client into incorrect expectations or judgments.
Article 28: An attorney shall not guarantee a favorable outcome regarding an entrusted matter.
Article 29: When performing duties, if an attorney discovers that settlement, resolution of a dispute, or a confession of guilt conforms to the client's interests and legal justice, they should cooperatively facilitate it.
Article 30: An attorney shall not accept appointment in the following matters:
1. The same or substantially related matter in which consultation was received based on a relationship of trust or legal counsel, where such matter conflicts with the interests of the consulted matter.
2. The same or substantially related matter that conflicts with the interests of an entrusted matter. The same applies when the retainer with the original client has been terminated regarding a currently entrusted matter.
3. Other matters in which the client of the currently entrusted matter is the opposing party.
4. Other matters appointed by the opposing party of the currently entrusted matter.
5. The same or substantially related matter previously handled in the capacity of a public official or arbitrator.
6. Matters related to the attorney's property, business, or personal interests that may affect their independent professional judgment.
7. The same or substantially related matter where the opposing counsel has a relationship of spouse, blood relative within the second degree of kinship, or relative by affinity with the attorney.
8. Matters where there are multiple clients whose interests conflict with one another.
9. Other matters that conflict with the attorney's existing obligations to other clients, former clients, or third parties.
Except for the circumstances in subparagraph 5, an attorney may still accept appointment after informing the affected client and former client and obtaining their written consent. An attorney shall not simultaneously accept appointment from both sides or multiple parties with conflicting interests in the same contentious matter, and the provisions of the preceding paragraph shall not apply. Where an attorney has acted as a witness in a specific matter, they shall not act as an agent or counsel in that contentious matter, except with the consent of both parties. Where a client is an administrative agency, the provisions on conflicts of interest shall apply taking the administrative agency as the client, and shall not extend to other agencies of the same public legal entity. The same applies when the opposing party is an administrative agency.
Article 30-1: Evidence or information concerning a client obtained by an attorney through an entrusted matter shall not be used to the client's detriment without the client's written consent, unless such use is required by law or this Code, or such evidence or information has already been made public.
Article 30-2: An attorney shall not accept attorney fees paid on behalf of a client by a third party, unless the client is informed and consents thereto, and such payment does not affect the attorney's independent professional judgment.
Article 31: An attorney shall not accept a client's appointment, or shall terminate it if already accepted, under any of the following circumstances:
1. The attorney knows that the client's purpose in taking legal action, raising a defense, or making assertions in litigation is solely to intimidate or maliciously injure others.
2. The attorney knows that accepting or continuing the appointment will violate this Code.
3. The attorney's physical or mental condition makes it difficult to effectively perform professional duties. When terminating a retainer relationship with a client, an attorney shall take reasonable steps to prevent the client's rights and interests from suffering damage and shall return the disproportionate portion of the remuneration.
Article 32: An attorney subject to conflict of interest restrictions under Article 30, Paragraph 1 or 3, Article 30-1, or Article 30-2 shall also be subject to the same restrictions as other attorneys in the same law firm.
However, for matters under Article 30, Paragraph 1, Subparagraphs 6, 7, and 9, if the restricted attorney does not participate in the matter and does not directly or indirectly derive any remuneration from it, other attorneys in the same law firm shall not be subject to the same restrictions.
When an attorney accepts appointment by applying the proviso of the preceding paragraph, that attorney and the restricted attorney shall promptly notify the affected client or former client in writing regarding compliance with the proviso of the preceding paragraph.
Article 33: An attorney shall strictly keep confidential the contents of an entrusted matter and shall not disclose them without informing the client and obtaining their consent. However, disclosure may be made to the necessary extent under any of the following circumstances:
1. To prevent harm to the life, body, or health of any person.
2. To prevent or mitigate major property damage to others that may result from the client's criminal intent and plan or the continuation of a completed criminal act.
3. When the attorney needs to assert or defend in a dispute arising from the retainer relationship with the client, or when the attorney becomes a defendant in civil or criminal litigation or is referred for disciplinary action as a result of handling the entrusted matter.
4. Where disclosure is required by law or this Code.
Article 34: Property collected or received on behalf of a client in an entrusted matter shall be promptly delivered to the client, unless otherwise provided by laws and regulations or agreed upon in the contract. An attorney keeping custody of items related to the case shall return them immediately upon the conclusion of the case or upon the client's instruction, and shall not delay or refuse return without justifiable reason.
Article 35: An attorney shall clearly state to the client the amount of remuneration or the method for calculating it. An attorney shall not stipulate contingent fees based on the outcome of family law cases, criminal cases, or juvenile cases.
This article is an AI-generated translation of the original Chinese text. In the event of any discrepancy, the Chinese version shall prevail.
