Cost of legal aid
Legal aid is provided for free to persons without means. Others are liable to co-pay for the legal aid they are given.
The costs collected from the applicant include the legal aid charge and the deductible.
A recipient of legal aid pays
Legal aid charge
A legal aid charge is EUR 70. The legal aid charge is not collected if the applicant gets legal aid for free.
Legal aid fee criteria
The hourly and other legal aid fees are determined in compliance with the Government Decree on Legal Aid Fee Criteria. When the fee is calculated by the hour the fee is 110 Euro per hour. The applicant’s basic and supplementary deductible is taken into account in determining the amount of the legal aid fee.
Deductible
The deductible of a recipient of legal aid may have two components, which are calculated in different ways; these components are the basic deductible which is based on the available means of the applicant, and the supplementary deductible which is based on the assets of the applicant and his or her spouse. The supplementary deductible is used to cover the portion of the attorney’s fee and expenses that remains after the basic deductible has been subtracted from them.
The amount of the deductible is determined after the matter has been dealt with. An advance of the deductible may be collected. The recipient of the legal aid pays the deductible directly to his or her counsel, either a private attorney or a Public Legal Aid Attorney.
Basic deductible
The basic deductible is calculated as a percentage of the costs of the legal aid, determined on the basis of the applicant’s available means as follows:
The income of the spouse is not taken into account, if the spouses are opposing parties in the case (e.g. in a divorce case) or if the applicant is being suspected of or accused of committing a crime.
Supplementary deductible
The supplementary deductible consists of 50 per cent of the assets of the applicant and his or her spouse, in so far as these exceed EUR 5,000.
Example: (deposits of EUR 25,000 less threshold of EUR 5,000) x 50% = supplementary deductible EUR 10,000
Assets that however are not taken into account in determining the supplementary deductible are the family’s primary residence, an ordinary leisure home and a car, provided that their value is reasonable in proportion to the family’s size and need.
Costs paid by the State
- The fee and remuneration of the attorney either in full or in part, depending on the available means and deposits of the recipient of legal aid. Legal aid covers the services of the attorney up to eighty hours, unless the court for special reasons decides that legal aid is to continue. In matters other than court proceedings, there are no exceptions to the 80-hour limit
- Interpretation and translation costs, in full
- The costs of evidence in court, in full
- The other necessary costs of evidence, e.g. medical reports, in full.
When the applicant has legal expenses insurance and he or she has been granted legal aid for free, the State may pay the deductible of the insurance policy. For special reasons, also the costs exceeding the upper limit of the insurance can be paid. The amount to be paid is stated on the legal aid decision.
Legal aid recipients receive free of charge
- court documents and other official documents that are necessary for dealing with their case
- copies of official documents, communications, etc.
- public notices published in the Official Gazette
- attempts at enforcement.
An applicant who is entitled to legal aid for free on the basis of his or her available means, but who is not deemed to need an attorney, may have the above charges waived.
The State will not compensate the opposing party for his or her legal costs in the event that the recipient of legal aid loses the case.