According to the current laws of our country, citizens need to pay a certain amount of remuneration or fees when they ask lawyers to help them in litigation (entrust lawyers to represent them in litigation), that is, lawyers provide paid services.
However, under certain conditions, citizens can also apply for lawyers to provide free services, and ask lawyers to help with lawsuits for free. This is legal aid.
Legal aid refers to a judicial relief system in which citizens who need the help of lawyers but can't afford to pay their lawyers' fees or the parties in some special cases reduce their fees in order to safeguard their legitimate rights and interests.
First, the conditions for applying for legal aid.
According to the law, the object of legal aid in China is mainly applicable to the parties with financial difficulties and special cases. In any of the following circumstances, you may apply for legal aid:
1. There are sufficient reasons to prove that their legitimate rights and interests have been infringed and they need legal help, but they are unable or unable to fully bear the legal service fees due to economic difficulties;
2. The criminal defendant or suspect is blind, deaf, dumb or a minor and has not entrusted a defense lawyer;
3. The criminal defendant or criminal suspect is an elderly person or other disabled person who is unable to hire a defense lawyer due to financial difficulties;
4. The defendant may be sentenced to death without entrusting a defender, and the people's court appoints a lawyer to defend him;
5. In a criminal case, the defendant of foreign nationality has not entrusted a defender, and the people's court has appointed a lawyer to defend him.
Second, the scope of applying for legal aid.
The application for legal aid can be a criminal case or an administrative or civil case.
The main scope of applying for legal aid includes: legal matters of requesting to pay alimony and alimony;
Legal matters concerning the request for payment of pensions and relief funds;
Litigation cases requesting state compensation;
Legal matters for claiming compensation for work-related injuries (except liability accidents);
Criminal cases of disabled people, minors and the elderly who can't defend themselves and legal issues of tort compensation;
Other legal matters that the parties enjoy legal aid according to law.
Third, the procedure for applying for legal aid.
When applying for legal aid, a party must submit an application in writing and submit the following materials: ID card, household registration certificate or temporary residence permit, proof of the applicant's financial situation issued by the relevant unit, basic information on applying for assistance and other materials required by the legal aid institution.
For the general application, the legal aid institution shall review and make a decision within 10 days from the date of accepting the application. The eligible parties shall make a written decision to agree to provide legal aid and notify the recipient, and the legal aid institution shall sign the Legal Aid Agreement with the legal aid contractor and the recipient.
If the applicant does not meet the requirements, the legal aid agency will make a decision not to provide assistance. If the applicant disagrees with this, he may apply to the competent judicial administrative department for review within 10 days after receiving the notice, and the judicial administrative department shall make a final decision within 30 days from the date of receiving the application. Generally speaking, legal aid agencies do not review legal aid cases issued by the people's courts, that is, they issue emergency legal aid notices and assign lawyers to provide services.
Pay attention to answering your legal questions, and welcome to leave a message or a private letter.
Can't afford a lawyer to go to court, are there other ways to protect rights?
Some specific cases can apply for legal aid from legal aid institutions.
I. Scope of matters for applying for legal aid:
(1) Defense and agency in criminal proceedings;
(2) Requesting to pay alimony, child care and alimony;
(3) requesting payment of social insurance, minimum living security, pensions, relief funds and labor remuneration;
(four) the disabled, minors, the elderly, rural "five guarantees" and people suffering from serious diseases claim tort compensation;
(5) Victims of traffic accidents, medical accidents, industrial accidents, product quality accidents or other personal injury accidents claim compensation;
(six) the courageous people ask for rewards and protection; I or my close relatives demand compensation or economic compensation because of courageous acts or to protect social public interests;
(seven) migrant workers claim compensation for their labor remuneration or other legitimate rights and interests;
(8) Requesting state compensation;
(nine) other legal affairs that really need legal aid.
Two. Objects and conditions for applying for legal aid:
(1) Applicants for legal aid must be citizens who are in financial difficulties or unable to pay legal service fees due to accidents, and defendants designated by the people's courts to defend them in criminal proceedings.
(2) When applying for legal aid, citizens shall submit the following relevant materials to legal aid institutions:
1, ID card or other valid identification. If the agent applies, a power of attorney shall also be submitted;
2. Proof of economic difficulties;
3, apply for legal aid matters and related evidence materials.
The standard of economic difficulties shall be implemented with reference to the minimum living standard for urban and rural residents promulgated by the local people's government at the county level.
What if you want to sue and have no money to pay legal fees and lawyers' fees?
Litigation has costs, energy is one thing, and money is one thing. I want to sue, but what about the money? I hope this article will be helpful to friends who have this problem.
Non-property categories are generally charged by piece, and the amount is not high, such as labor dispute cases, each piece 10 yuan.
If it is a property case, it will be charged cumulatively according to the bid amount. Less than 10000 yuan, the proportion of more than 1000 yuan to 1000 yuan per 50 yuan varies according to the payment situation. The higher the amount, the lower the proportion. More than 20 million yuan.
If the case is closed through mediation, the lawsuit is withdrawn or the summary procedure is applied, the legal fee will be halved.
The legal fees shall be paid in advance by the plaintiff. If the case is won, it will be borne by the defendant.
If only part of the plaintiff's claim is supported, that is, part wins and part loses, then the legal expenses shall be shared by the original defendant, and the amount borne by each party shall be stated in the judgment.
According to the current practice, after the plaintiff wins the case, he can apply for a refund after the judgment takes effect, and the legal fees will be directly refunded to the plaintiff by the court without entering the execution procedure. In other words, after the court refunded the legal fees, whether the defendant paid the legal fees will be recovered by the court, without the risk of the plaintiff.
After the prosecution, the plaintiff shall pay the legal fees within 7 days from the date of receiving the notice of payment from the court. If the legal fees are not paid within the time limit, the prosecution shall be withdrawn.
If it is really unable to pay the legal fees, the parties may apply to the court.
Judicial assistance, including application for extension and reduction of legal fees. Exemption from legal fees is only applicable to natural persons. Then, under what circumstances can the application for judicial assistance be supported?
In accordance with the provisions of Articles 46 and 47 of the Measures for the Payment of Litigation Fees, those who have difficulties in life shall be reduced or exempted, and the reduction ratio shall not be less than 30%; People who receive legal aid should be postponed. To apply for judicial assistance, a written application shall be submitted and relevant supporting materials such as economic difficulties shall be provided.
Not all cases need lawyers.
If the case is simple and the amount of the subject matter is not large, the parties concerned may handle it by themselves. If the materials involved cannot be written and the legal provisions are unclear, you can consider entrusting a lawyer to write a book for consultation, which can save the cost of hiring a lawyer.
If you really need a lawyer, you can apply for legal aid and appoint an aid lawyer.
In addition, if there is an agreement that the lawyer's fee shall be borne by the breaching party, then the lawyer's fee cost can be claimed together with the prosecution. At this time, if you still can't afford the lawyer's fee, you can negotiate with the lawyer about the charging method, and only pay part of the basic fee or risk agent in the early stage. As for success or failure, it depends on how the lawyer evaluates the risk of compensation in the case.