Publication of official legal aid by lawyers
In accordance with section 323 (2), 7, section 325, paragraph 1. 2, and section 326 of the law on the care of the court, cf. Law Order no. 1008 of 24. Oct in October 2012 :
Deposits to lawyers providing legal aid
§ 1. After the legal spellletop section 323, paragraph 3. 1, the Attorney General grant grants to legal aid by legal guards in the form of very basic oral advice (Step 1). The Minister for Justice is also granting legal aid to lawyers in the form of advice on the basis of completely basic oral advice (Step 2) and consultancy in the context of conciliation (step 3).
Paragraph 2. After the Danish Court of Justice, Section 333 (3). 5, lawyers who are responsible for carrying out cases for parties with a free process shall provide legal assistance to persons meeting the economic conditions pursuant to section 325 (5). 3-5. Other lawyers may undertake an equivalent obligation on the court to be notified to the City Court.
Paragraph 3. The urban court shall draw up and update a list of the lawyers providing legal assistance in the law enforcement authorities. The encoding is for review in the urban court, in the municipality's social and health management, in the Consumer Board Board, at local law enforcement and legal expenses, as well as on libraries. The encoding may be delivered upon inquiries in the urban court.
Economic conditions for legal assistance in stages 2 and 3
§ 2. In the case of decisions on public legal aid, lawyers shall be used as a revenue base of :
1) Personal income according to section 3 of the person tax and
2) the " capital income " of section 4 of the stock income of section 4 (a) and CFC income, as of section 4 b of the person tax and CFC income.
Paragraph 2. By calculations in accordance with paragraph 1 1 shall apply the income that is shown in the annual tax return for the previous calendar year. If the sum of the capital income, the share income and the CFC income is negative, dismiss from it. In the case of collectively, this shall be valid only if the pair of the pair has a negative income of the species listed.
Paragraph 3. Legal aid shall be granted to persons whose revenue base is discharged in accordance with paragraph 1. 1 is 294 000 kr. or less. If the legal aid is living in a relationship of cooperation, legal aid shall be granted if the sum of the income basis of the pair is 374,000 kr. or less. However, if the party has the opposite interests in the case, the legal basis of the legal aid shall be used and the income limit of the single legal basis. In matters of marriage or custody, cf. Chapter 42 of the legal spender may, in the case of the legal aid, be able to use its own revenue base and the revenue limit for the exclusive use of the revenue.
Paragraph 4. The amounts referred to in paragraph 1. 3 shall be increased by 51,000 kr. for each child, including the stepchildren and foster children, under the age of 18, who are either living with the legal or in the case of a predominating extent of the benefit of the legal aid.
§ 3. In the light of the current income, the current income ratio of the legal aid is essential from what is laid down for the calculation of the revenue base in accordance with section 2 (2). 1, shall be added to the corresponding current income conditions.
§ 4. In the event of an appeal to a lawyer on legal aid, the legal aid for the annual tax return shall be provided by the tax authorities for 2011. If the legal soul is alive in a relationship of life, the same annual tax return shall also be presented. However, this does not apply if the party has the opposite interests in the case.
Paragraph 2. If the annual statement is not drawn up for the legal or his or her consenting or his or his or his or his or his or her legal assistance, the evidence of the current income conditions is to be presented.
Paragraph 3. In particularly urgent cases, even if documentation is not available in accordance with paragraph 1, If it is to be accepted that the economic conditions are met, legal assistance shall be given to Stage 2 if it is to be accepted.
Paragraph 4. In the case of a legal aid lawyer, the legal aid shall inform the legal aid of an assurance that covers the legal aid and, if so, the name and policy number of the insurance company.
Area and scope of the legal help
§ 5. Lawyers can provide legal aid in the form of very basic oral advice (Step 1). Legal assistance to lawyers can be given in the form of advice beyond completely basic oral advice (Step 2) and consultancy in the context of conciliation (step 3).
Paragraph 2. Legal assistance in step 1 covers basic oral advice, which covers not only the legal issues relating to the dispute, but also the practical and economic opportunities to go ahead so that the legal matter is given a legal framework ; the basis for decision-making as to whether he or she will proceed with the case. Everyone has the right to free legal assistance at stage 1 on any legal question.
Paragraph 3. Legal assistance in Step 2 includes the advice and completion of individual written inquiries of the usual nature, including the application for free process, procedural requirements in legal proceedings, the drawing up of the settlement agreements, simple wills and spouses, as well as : participation in meetings.
Paragraph 4. Stage 3 legal assistance shall include further advice given in order to achieve a dispute settlement of a dispute. In step 3 legal aid requires that the lawyer reasonably estimate that there is a view to the conclusion that the case will be concluded in a conciliation manner.
Paragraph 5. Trial assistance in stages 2 and 3 cannot be given to :
1) accused or defendants in public criminal proceedings,
2) the cases of a predominating professional nature of the business venture,
3) cases of debt relief, or
4) issues relating to or undergoing treatment by means of a management authority or a private appeal, or a private appeal, approved by the Minister for the Acquieal and Growth Minister.
Paragraph 6. Notwithstanding paragraph 1 5, no. However, legal aid may be lodged against the decision of a management authority.
Paragraph 7. In the same case, legal aid can be granted legal assistance to both steps 2 and 3 if the conditions for this are otherwise fulfilled.
Paragraph 8. Aid may not be granted to legal aid if it is clear from the outset that the case cannot be completed within the amount of the financial framework in section 6 (4). 1. Advance to legal aid may, however, be granted if, in the course of the advisory role, the lawyer has estimated that the case could be completed within the framework.
§ 6. The fee for legal aid for legal aid at step 2 represents 1 000 kroner. (incl. VAT). The state pays the state 75 pctinas, while the legal right-seeker pays the rest. The fee for legal aid for legal aid at step 3 represents 2.280 kr. (incl. VAT). The government pays the government, and the legal expenses, every half of it. However, the state pays the full remuneration of legal aid in connection with an application for a free process.
Paragraph 2. The grants from the treasury shall comprise only remuneration that is not covered by legal expenses insurance or other insurance.
Paragraph 3. The remuneration of the treasury shall be paid regardless of whether the legal aid seeker has paid his share to the lawyer.
Paragraph 4. Before legal assistance is granted in stages 2 and step 3, the lawyer shall inform the legal expenses of the cost amount which, in the case of the present case, will be connected to the legal aid at step 2 and step 3 respectively. The lawyer should also guide the legal aid seeker about other legal expenses.
§ 7. A lawyer may refuse to grant legal aid if the claims are apparently unfounded or if the performance of the profession would be against good law in practice.
§ 8. Unless there are exceptional circumstances, a lawyer may not be paid for this notice for the grant of legal aid to more than one party under the same case.
§ 9. If the assistance provided is covered by an insurance payment, the request for payment of remuneration to the insurance undertaking shall be paid to the insurance undertaking, which shall pay the payment of the legal fees payable by the insurance undertaking. If the granted legal aid is not covered by insurance, the request shall be sent to the magistrate in the jurisdiction of the attorney general office. The court will pay that part of the lawyer's fee, which the state will pay.
Paragraph 2. The lawyer will fill in a form for the treatment of the insurance company or the court proceedings. The form shall be drawn up by the Civil Service Management Board.
Paragraph 3. The court may, when there is particular reason, and in particular when legal aid has been granted in step 3, the lawyer shall require a detailed statement on the matter before the remuneration is paid.
§ 10. Messages for the lawyer can be sent as digital communications. The message must be equipped with a digital signature.
§ 11. The announcement shall enter into force on 1. January 2013, so that its provisions shall apply to legal aid given in accordance with this date.
Paragraph 2. Publication no. 1160 of 9. In December 2011, the public legal aid of lawyers is hereby repealed.
Ministry of Justice, the 22nd. November 2012
/ Astrid Mavrogenis