Ordinance on public legal aid lawyers
Pursuant to § 323, paragraph 7, article 325, paragraph 2, and Section 326 of the Act on the Court's care, see. lovbekendtgørelse nr. 1008 of 24. October 2012, fixed: grants for lawyers providing legal aid
§ 1. In accordance with the code of civil procedure § 323 (1), the Minister of Justice shall provide reimbursement for legal aid by guards in the form of very basic oral advice (step 1). The Minister of Justice also provides grants to legal aid by lawyers in the form of advice beyond very basic oral advice (step 2) and advice in connection with the conciliation negotiations (step 3).
(2). According to the code of Civil Procedure Act § 333, paragraph 5, to lawyers, who are supposed to carry out matters for parties who have legal aid, provide legal aid to persons who meet the economic conditions under section 325, paragraphs 3-5. Other lawyers may, by notification to the District Court take on a similar commitment.
(3). The District Court shall draw up and update regularly a list of lawyers providing legal aid in the jurisdiction. The listing is for review in the District Court, in the municipality's social and health management in the consumer complaints board, with local Attorney guards and legal aid offices as well as on libraries. The list can be obtained by contacting in the District Court.
The economic conditions for legal aid on steps 2 and 3
§ 2. By decisions of public legal aid attorneys are used as revenue base by the sum of: 1) personal income after personal tax law § 3 and 2) as income after personal tax law § 4 with the addition of share income after personal tax Act section 4 (a) and CFC income after personal tax Act § 4 b.
(2). By calculations in accordance with paragraph 1 shall apply the income shown in the financial statements for the previous calendar year. If the sum of income, equity income and CFC income is negative, disregarding it. For cohabiting, this applies only if the couple overall, have a negative income of these species.
(3). Legal aid is granted to persons whose revenue base calculated according to paragraph 1 is 294,000 USD or less. The legal aid applicant lives in a cohabitation, provided legal assistance, if the sum of the couple's revenue base is 374,000 USD or less. If the couple have opposing interests in the matter, however, used the legal aid applicant's own revenue base and income limit for single people. In matters relating to marriage or child custody, see. Chapter 42 of the code, the legal aid applicant's own revenue base and sufficient income for singles is also used.
(4). The amounts referred to in paragraph 3 shall be increased with 51,000 USD for each child, including stepchildren and foster children, under the age of 18, who are either staying with the legal aid applicant or largely dependent on this.
§ 3. The legal aid applicant's current income differs according to the available information materially from that which is taken into account when determining the income amount under section 2, paragraph 1, be the corresponding current income relative to the ground.
§ 4. Contact an attorney for legal aid, the legal aid applicant must present the financial statements of the tax authorities for the year 2011. The legal aid applicant lives in a cohabitation, samleve's annual statement must also be presented. However, this does not apply if the pair have opposing interests in the matter.
(2). Is not issued tax assessment notice for the legal aid applicant or his partner, or invoking the legal aid applicant himself paragraph 3, evidence of the current income must be presented.
(3). In particularly urgent cases, which, although not presented documentation in accordance with paragraph 1 or 2, shall be granted legal aid on step 2, if it is to be assumed that the economic conditions are met.
(4). Contact an attorney for legal aid, the legal aid applicant indicate whether there is an insurance that covers legal aid and, if so, the insurance company's name and policy number.
Area and extent of legal aid
§ 5. Lawyer guards can provide assistance in the form of very basic oral advice (step 1). Legal aid lawyers may be given in the form of advice beyond very basic oral advice (step 2) and advice in connection with the conciliation negotiations (step 3).
(2). Legal aid on step 1 covers the fundamentals of oral counseling, which includes not only the legal issues relevant to the dispute, but also the practical and economic opportunities to go further, so that applicants will have a basis for whether he or she will go ahead with the case. Everyone has the right to legal assistance free of charge on step 1 regarding any legal issues.
(3). Legal aid on step 2 includes advice and preparation of individual correspondence of the usual kind, including applications for legal aid, pleadings in litigation, drafting of bodelings agreements, simple wills and marriage settlements as well as attendance at meetings.
(4). Legal aid on step 3 includes additional advice, there shall be granted in order to facilitate an amicable settlement of a dispute reach a. Legal aid on step 3 requires that the lawyer reasonably believes that there is a prospect that the matter will be concluded settlement wise.
(5). Legal aid on steps 2 and 3 can not be given to: 1) term or defendants in public criminal proceedings, 2) active trader cases of predominantly commercial character, 3) cases for debt restructuring or 4) cases relating to or is under treatment by a management authority or a private complaint or appeal, approved by the Secretary of State for business and growth.
(6). Notwithstanding the provisions of paragraph 5, no. 4, can, however, be granted legal aid to appeal against an administrative authority.
(7). A legal aid applicant may in the same case for legal aid on both steps 2 and 3, if the conditions are fulfilled.
(8). Grants may not be awarded to legal aid, if it is clear that the matter cannot be completed within the monetary framework in section 6 (1). Grants for legal aid may be granted, however, if the lawyer during marshaling may reasonably have felt that the matter could be concluded within the framework.
§ 6. Remuneration paid to lawyers for legal aid on step 2 represents 1,000 kr (incl. VAT). The State pays 75 per cent thereof, while the legal aid applicant pays the rest. Remuneration paid to lawyers for legal aid on step 3 constitute 2,280 kr (incl. VAT). Of this State and the legal aid applicant each pay half. The State pays, however, the entire consideration for assistance in connection with an application for legal aid.
(2). Subsidy from the Treasury includes only remuneration that is not covered by a legal expenses insurance or other form of insurance.
(3). Remuneration from the State Treasury shall be paid regardless of whether the legal aid applicant has paid his share to the lawyer.
(4). Previously granted legal aid on step 2 and step 3, the lawyer must inform applicants about the amount of costs, which in this case will be connected respectively with legal aid on steps 2 and on step 3. The lawyer should also provide guidance to applicants about other legal options.
§ 7. A lawyer may refuse to grant legal aid if the legal aid applicant's claims are manifestly unfounded or where the performance of the duties would be contrary to good professional conduct.
§ 8. Unless there are exceptional circumstances, can a lawyer do not get remuneration under this Ordinance for the grant of legal aid to more than one party in the same case.
§ 9. If it is granted legal aid is covered by insurance, sent the request for payment of remuneration to the insurance company that pays out the part of the lawyer's remuneration, as the insurer must pay. Is granted legal aid not covered by insurance, the request is routed to the judge in the jurisdiction in which the lawyer is headquartered. The District Court shall pay the part of the lawyer's remuneration, which the State must pay.
(2). The lawyer filling out a form for use by the insurer's or court's treatment of the case. Form drawn up by the Civil Protection Agency.
(3). The District Court may, when there is particular reason therefor, and, in particular, when there are granted legal aid on step 3, ask the lawyer a detailed statement on the matter, prior to the consideration paid.
§ 10. Messages can be sent to the lawyer as digital communication. The notification must be provided with a digital signature.
§ 11. The notice shall enter into force on the 1. January 2013, so that its provisions apply to legal aid granted after that date.
(2). Executive Order No. 1160 by 9. December 2011 on public legal aid lawyers are hereby repealed.
The Ministry of Justice, the 22. November 2012 Morten Bødskov/Astrid Mavrogenis