Analysis of Scale of Fees for Thai Justice Fund Lawyers
- Kiatanantha Luankaew, Faculty of Economics, Thammasat University, Bangkok, Thailand, *Corresponding author, Email: klounkaew@econ.tu.ac.th
- Chavajaree Rieoraengkuson, Pridi Banomyong Faculty of Law, Dhurakij Pundit University, Bangkok, Thailand
Abstract
The aim of this research is to assess the current scale of fees for lawyers enlisted by the Thai Justice Fund (TJF) to assist people in need of legal aid. It began with a study of international practices that can serve as a broad guideline for further analysis. Current practices of Thai institutions providing similar services were also examined. It was found that the current scale of fees of the TJF was too extensive; the baseline fee could be expanded by around 500 to 600 percent before the upper limits were reached. This left the exact fee to be determined at the discretion of the TJF fee committee. In addition, since the fee was set ex-ante, including both professional fees and administrative expenses, it was possible that the enlisted lawyer incurred higher administrative costs than was originally envisaged. This study, therefore, proposed that the scale of fees be set according to case complexity; the administrative costs should be paid based on actual activities conducted rather than the lump-sum amount agreed upon before the commencement of legal services on behalf of the TJF.
Keywords: Scale of fees, Legal aid, Legal fee, Economics of law, Access to justice
References
Breger, M. J. (1982). Legal aid for the poor: a conceptual analysis. North Carolina Law Review, 60(2), 282–363.
Hammergren, L. A., Harley, G., & Petkova, S. (2017). Case-weighting analyses as a tool to promote judicial efficiency: lessons, substitutes, and guidance (No. 122041, pp. 1-72). Washington, D.C., US: The World Bank.
Holness, D. (2014). Coordinating Free Legal Services in Civil Matters for Improved Access to Justice for Indigent People in South Africa. Retrieved from https://web.archive.org/web/20160406195718/http://www.nylslawreview.com/wp-content/uploads/sites/16/2014/11/Holness.pdf
Legal Aid Queensland. (2020). Scale of Fees. Retrieved from https://www.legalaid.qld.gov.au/About-us/Policies-and-procedures/Grants-Handbook/Fees-and-payments/Scale-of-fees
Open Society Foundations. (2019). What Does Justice Have to do with Overcoming Poverty. Retrieved from https://www.opensocietyfoundations.org/explainers/what-does-justice-have-do-overcoming-poverty
Open Society Justice Initiative. (2015). Legal Aid in Europe: Minimum Requirements Under International Law. Preuzeto, 5(2), 2020.
United Nations Office on Drugs and Crime (UNODC). (2016). Global Study on Legal Aid: Global Report. Vienna, Austria: Vienna International Centre.
United Nations Office on Drugs and Crime (UNODC). (2019). Handbook on Ensuring Legal Quality of Legal Aid Services in Criminal Justice Process: Practical Guidance and Promising Practices. Vienna: United Nations Development Programme
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