Legal aid - Lithuania

TABLE OF CONTENTS 1. What are the costs of a trial and who should normally pay them?  2. What is legal aid?  3. Can I benefit from legal aid?  4. Can legal aid be obtained for all disputes?  5. Is there a specific procedure for emergencies?  6. Where can I obtain an application form for legal aid?  7. Which documents should I attach to my request for legal aid?  8. Where should I register my request for legal aid?  9. How will I be informed of whether or not I am eligible for legal aid?  10. If I qualify for legal aid, what should I do?  11. If I qualify for legal aid, who will choose my lawyer?  12. If I qualify for legal aid, will this cover all the costs of my trial?  13. If I qualify for partial legal aid, who will pay the other costs?  14. If I qualify for legal aid, will it cover any review I might make following the trial?  15. If I qualify for legal aid, can it be withdrawn before the end of the trial (or even after the trial) ?  16. If I do not qualify for legal aid, can I appeal against this decision?

 

Basic information

According to the law on State-guaranteed Legal Aid of the Republic of Lithuania (28 March, 2000) the following types of legal aid shall be provided:

• primary legal aid;
• state legal aid;
• legal aid by public institutions.

1. What are the costs of a trial and who should normally pay them?

Expenses of legal aid to persons shall be covered by the state according to the level of the person’s property and income:

• 1^st level: 100 percent;
• 2^nd level: 95 percent;
• 3^rd level: 80 percent;
• 4^th level: 65 percent;
• 5^th level: 50 percent.

2. What is legal aid?

State-guaranteed legal aid includes legal information, legal advice, defense, and representation in proceedings as established by the law mentioned above.

Primary legal aid includes legal aid and legal advice guaranteed by local government executive institutions.

State legal aid includes defense and representations in proceedings guaranteed by the state.

Legal aid provided by public institutions includes legal information, legal advice, and representation in proceedings provided by public institutions as established and approved by the Ministry of Justice.

3. Can I benefit from legal aid?

If the Laws of the Republic of Lithuania and international agreements shall not establish otherwise Legal aid provides citizens of the Republic of Lithuania as well as foreign citizens and stateless persons permanently residing in Lithuania a chance to defend their rights or interests protected by Law who due to their property status cannot defend themselves in an appropriate way.

4. Can legal aid be obtained for all disputes?

Legal aid includes legal information, legal advice, defense and representation in civil, administrative and criminal cases.

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5. Is there a specific procedure for emergencies?

(It is not foreseen in the law mentioned above).

6. Where can I obtain an application form for legal aid?

Each person who is eligible for primary legal aid is provided by an application form by the local government executive institution (municipality).

Decision regarding the provision of state legal aid is taken/adopted by an official or an institution, which has the jurisdiction over the case. The standard form of request for state legal aid is approved by the minister of justice.

7. Which documents should I attach to my request for legal aid?

The institution that adopts the decision concerning the provision of legal aid should be provided by the documents as follows:

• property and income declaration forms filled in prior to applying for state guaranteed legal aid;
• certificates stating that the person received social benefits or is at a state-support full-time care institution;
• other written evidence.

8. Where should I register my request for legal aid?

The request for primary legal aid has to be registered in the local government executive institution.

The request for state legal aid has to be registered in the institution, which has the jurisdiction over the case.

9. How will I be informed of whether or not I am eligible for legal aid?

The institution that adopts the decision concerning the provision of legal aid must inform the person whether he is eligible for legal aid.

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10. If I qualify for legal aid, what should I do?

The local government executive institution shall provide information and refer persons residing in its area to a lawyer or apprentice of a lawyer for primary legal aid. The local government executive institutions for primary legal aid shall refer for a one-hour primary legal counselling session.

The official or the institution, which has the jurisdiction over the case on a person’s eligibility for legal aid directs persons to a lawyer mentioned in the Council of Lawyers list/register for state legal aid.

11. If I qualify for legal aid, who will choose my lawyer?

The local government executive institution has the right to decide which lawyer should be appointed to a person eligible for a primary legal aid.

The official or the institution, which has the jurisdiction over the case has the right to assign a lawyer from the Council of Lawyers register to a person eligible for a state legal aid. Assignments must be approved by the coordinator of the Council of the Lithuanian Bar Association.

12. If I qualify for legal aid, will this cover all the costs of my trial?

Primary legal aid shall be financed from the budget of the local government, which means that all the costs of the trial will be covered.

State legal aid shall be financed from the budget of the state, which means that all the costs of the trial will be covered (Look at question No. 1).

13. If I qualify for partial legal aid, who will pay the other costs?

Expenses of the partial legal aid should be proportionally covered by the person who is receiving legal aid (Look at question No. 1).

14. If I qualify for legal aid, will it cover any review I might make following the trial?

State guaranteed legal aid is provided to the persons eligible to receive legal aid in all instances of the court.

15. If I qualify for legal aid, can it be withdrawn before the end of the trial (or even after the trial) ?

State-guaranteed legal aid shall be ceased if:

• it transpires that the person who is receiving legal aid is not eligible to receive legal aid in accordance with this Law;
• the person does not pay to the state or local budget the part of the fee for state legal aid that he or she is obliged to pay;
• the person submits deliberately misleading information about the essence of his or case, property, or income.

16. If I do not qualify for legal aid, can I appeal against this decision?

The refusal of the local government executive institution to refer to a primary legal aid shall be appealed against to the district administrative court according to the procedure established by law.

The decision adopted by an official or an institution to refuse state legal aid shall be appealed against in the procedure established by law.

Further information

Detailed information about the legal aid in Lithuania is introduced in the law on State-guaranteed Legal Aid of the Republic of Lithuania (28 March, 2000).

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Last update: 05-05-2006