There are many people in many communities that are unable to afford to pay for necessary legal services in the event that they desire to take legal action in defense of their rights. Legal Aid plays a critical role in ensuring that there is equality before the law and in essence, “justice for all”.
To this end the Government has issued Regulation No. 83 of 2008 setting out the requirements and procedures for the provision of legal aid. This Regulation facilitates the implementation of Article 22 of Law No. 18 of 2003 on Advocates (Advocates Law).
Legal aid is defined broadly in the Regulation as all legal services that are provided without charge or fee. The legal services include all litigation, non-litigation, and alternative dispute resolution services.
Article 2 states that all advocates are obligated to provide legal aid to anyone seeking justice. This is reiterated in Articles 12 and 13. Article 12 states that an advocate cannot refuse a request for legal aid. If the advocate refuses then the justice seeker can lodge an objection with the Advocate Organization. Article 13 expressly states that an advocate cannot solicit or accept any form of payment for legal aid services they provide.
Furthermore, all legal aid representation must be of the same standard and quality as that which would be provided to a paying client.
An application for legal aid must be in writing. However, if an application is made verbally then the content of that verbal communication must be written down and then signed (or identifiably marked) by the person making it and the person receiving it. Written applications are to be made directly to the advocate, the Advocate Organization, or to a legal aid foundation.
The basic elements of the application are: the name, address, and occupation of the applicant; a summary of the legal problem; and a statement that confirms the applicant’s inability to pay for the relevant legal services.
The Regulation permits class actions to be filed where the applicants are part of the same legal claim and have the same inability to pay.
Once an application is received, the receiver has three working days to respond to the application. If the application is incomplete, specifically if the summary of the legal problem needs further clarification then the receiver must notify the applicant of this within three days.
Any breach of the provisions of this Regulation gives rise to sanctions. These sanctions include verbal and written warnings as well as temporary suspension of practice certificates for periods between three and twelve months.
The Regulation was issued on 30 December 2008 and enacted on 31 December 2008. The Regulation has been in force since the date of enactment.
There are many people in many communities that are unable to afford to pay for necessary legal services in the event that they desire to take legal action in defense of their rights. Legal Aid plays a critical role in ensuring that there is equality before the law and in essence, “justice for all”.
To this end the Government has issued Regulation No. 83 of 2008 setting out the requirements and procedures for the provision of legal aid. This Regulation facilitates the implementation of Article 22 of Law No. 18 of 2003 on Advocates (Advocates Law).
Legal aid is defined broadly in the Regulation as all legal services that are provided without charge or fee. The legal services include all litigation, non-litigation, and alternative dispute resolution services.
Article 2 states that all advocates are obligated to provide legal aid to anyone seeking justice. This is reiterated in Articles 12 and 13. Article 12 states that an advocate cannot refuse a request for legal aid. If the advocate refuses then the justice seeker can lodge an objection with the Advocate Organization. Article 13 expressly states that an advocate cannot solicit or accept any form of payment for legal aid services they provide.
Furthermore, all legal aid representation must be of the same standard and quality as that which would be provided to a paying client.
An application for legal aid must be in writing. However, if an application is made verbally then the content of that verbal communication must be written down and then signed (or identifiably marked) by the person making it and the person receiving it. Written applications are to be made directly to the advocate, the Advocate Organization, or to a legal aid foundation.
The basic elements of the application are: the name, address, and occupation of the applicant; a summary of the legal problem; and a statement that confirms the applicant’s inability to pay for the relevant legal services.
The Regulation permits class actions to be filed where the applicants are part of the same legal claim and have the same inability to pay.
Once an application is received, the receiver has three working days to respond to the application. If the application is incomplete, specifically if the summary of the legal problem needs further clarification then the receiver must notify the applicant of this within three days.
Any breach of the provisions of this Regulation gives rise to sanctions. These sanctions include verbal and written warnings as well as temporary suspension of practice certificates for periods between three and twelve months.
The Regulation was issued on 30 December 2008 and enacted on 31 December 2008. The Regulation has been in force since the date of enactment.
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