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Pagrindinis »» Legal aid in Lithuania

Legal aid in Lithuania » D.U.K. (FAQ)


Turinio aprašas


What is legal aid?

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

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

“Primary legal aid” shall mean the provision of legal information in accordance with the procedure laid down by this Law, legal advice and drafting of the documents to be submitted to state and municipal institutions, with the exception of procedural documents. This legal aid shall also cover advice on the out-of-court settlement of a dispute, actions for the amicable settlement of a dispute and drafting of a settlement agreement. Primary legal aid shall not cover completing of the returns submitted to a tax administrator.

“Secondary legal aid” shall mean drafting of documents, defence and representation in court, including the process of execution, representation in the event of preliminary extrajudicial consideration of a dispute, where such a procedure has been laid down by laws or by a court decision. This legal aid shall also cover the litigation costs incurred in civil proceedings, the costs incurred in administrative proceedings and the costs related to the hearing of a civil action brought in a criminal case.

Edited 2012-03-22
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When is the secondary legal aid provided?

Once the request is submitted the state financed lawyer can be obtained in two ways, under regular and exceptional procedure.
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What is the regular procedure to receive the secondary legal aid?

Under the regular procedure an annual income declaration must be submitted  . It can be obtained under (Metinė pajamu ir turto deklaracija antrinei teisinei pagalbai gauti).  The following actions should be taken:
1. Request SoDra for a statement regarding the past 12 months of social security period. Also have other documents that show any other  incomes.
2. Go to Primary legal aid to
fill the Annual Resident Property declaration for secondary Legal aid (Metinė pajamu ir turto deklaracija antrinei teisinei pagalbai gauti).
3. Once you have the declaration you may apply to the primary legal aid consultants in order to fill the requests for receiving the secondary legal aid correctly. You can find a contact list of primary legal aid by clicking here. You can also use the standard forms prepared by our team and fill the request yourself.
You have to submit three kinds of documents that prove your right for state-financed secondary legal aid:
The first ones confirm that your property an (or) incomes do not exceed limits in order to receive 100% or 50% financing for the secondary legal aid.
The second kind of documents confirm your identity: passport, Identity card, new generation driver's license, disabled person's card, pensioner's card or universit/school student ID.
Third kind of documents confirm the number of your dependents. This includes birth certificates, court rulings regarding your rights as a guardian, etc.
Along with the request for the secondary legal aid you have to submit documents confirming your eligibility to receive state-financed legal adviser. You also have to submit supporting documents for your request.
In order to get a state-financed lawyer you must submit the documents supporting such a right. For this you need t perform actions indicated in sections 1-3.
Fill the request for secondary legal aid attaching copies of relevant documents, personal identfication document and, if applicable, birth certificates of your children.
We provide a single person income calculator for receiving the aid of a state-financed lawyer:

Secondary legal aid

 

I Level (100% financing)

II Level (50 % financing)

Per 12 mėn. €

Per mėnesį vid. €

Per 12 mėn. €

Per mėnesį vid. €

1 person income

2925€

243,75€

4225

352,08€

+1 dependent

3900€

325€

5687,5€

473,96€

+2 dependent

4875€

406,25€

7150€

595,83€

+3 dependent

5850€

487,5€

8612,5€

717,71€

+4 dependent

6825€

568,75€

10075€

839,58€

Property levels also depend on the location of your residence and number of dependents. These numbers are differing by location. Edited 2015-07-01 By V. Smirnovas.

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Under what circumstances you can get a state-financed lawyer?

Along with the request for the secondary legal aid you must submit at least one of the documents below that confirm your right to receive secondary legal aid.
In all cases 100% of financing is provided if by law you fall under one of these categories.
If you have an exemption document you must indicate 'YES' in the relevant field of the request form. If you do not have the document you must indicate 'NO'
You are someone who is assigned a compulsory participation of a defender under Article 51 of the Penal Code. Documents: pre-trial officer, prosecutor or the court have a right to acknowledge by a legal order or  that the participation of a defender is compulsory or under other circumstances if, according to them, the lack of a defender the rights and interests of the defendant would not be sufficiently represented.
If you are a victim in a case of compensation (any pre-trial or trial document that names you a victim is sufficient. If you do not possess such a document you may file a request to the relevant pre-trial institution or, if the case has been put forward to the court, to the prosecutor. This document grants a right to receive a representative in a criminal case but not a private prosecution case for compensation. For this you need to submit the documents under the general procedures. Also, a court ruling that names you a victim is sufficient. )
If you are receiving social payments. Documents: certificate from the department of social security confirming that you are receiving social support.
You are a dependent in a stationary care institution. Documents: a document provided by the institution and confirming that you are a dependent there. You are severely disabled or incapacitated, 25% and less capacity to work. Documents: disability certificate.
You are a guardian or caretaker of a person who is severely disabled or incapacitated. Documents: court ruling, order or other document that notes your status as a caretaker.
For an objective reasons you are unable to dispose your incomes or property and for this reason your disposable incomes and (or) property do not exceed the set annual limits for receiving legal aid. The documents may include a property seizure imposed by bailiff. You also need a declaration showing your property. A declaration for the past 12 months is sufficient. A note from an employer confirming the debt to you due to unpaid wages/salary.
You  have a severe mental illness (note from a healthcare institution confirming that the person has a severe mental illness.).
You are a guardian/caretaker of a person who has a severe mental illness. Documents: court order/ruling and a certificate from a health care body indicating that the person has a severe mental illness.
You have reached your pension age and have a high degree of social needs. Documents: disability certificate.
You are a guardian/caretaker of someone who has reached retirement pension age and has high degree of social needs. Documents: court order/ruling or a document b other competent institution. Also a document confirming the retirement age (pensioner's certificate), disability certificate.
You are a debtor in a recovery process against your residential property which is the last property that you live in.
You are a legal custodian of a child in a case of eviction.
You are a minor not in marriage and are not declared as fully capable by the court (emancipated). Document: Personal Identification.
You are a person who has been requested  to be declared as being incapable.
You are applying for a birth registration.
Other situations that are indicated in international treaties that are binding in the Republic of Lithuania.
Edited 2012-02-06

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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.
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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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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.
adresses of primary legal aid is on site http://www.teisesgidas.lt/modules/news/article_storyid_112.html

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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.
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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.
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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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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.

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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.

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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.
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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, or party that losing the lawsuit.
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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.
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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.
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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.

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