The citizen in serious economic difficulties who is facing a civil trial can apply for legal aid, also called "legal aid", which allows him to act or defend himself before the judicial authority without paying the related expenses. The "serious economic difficulties" are identified in an income limit that is updated every two years: currently, the person entitled to receive taxable income for the purposes of the general income tax, resulting from the last declaration, does not exceed 11,528 , 41 euros .
Moreover, in order to be able to access free legal aid and have a free lawyer , it is necessary that the reasons of the citizen be founded (the law requires that its regions be "not manifestly groundless"). Obviously this does not mean that he is already right and that the cause will win: it is a simple approximate and summary evaluation (often judged by way of hasty), except for what the judge decides and which he will be able to prove in court.
The free legal advice, the drafting of contracts, letters, warnings and anything that has nothing to do with a case is not part of the free legal aid.
Free legal aid can also operate in successive degrees of judgment and enforcement. However, the party admitted to the legal aid at first instance and who has been unsuccessful can not ask again for admission to propose an appeal, except for the action for damages in the criminal proceedings.
Where to find a free lawyer
To find a lawyer who defends with the legal aid, you can contact the individual lawyer and ask if he is registered on the special list. If it is, it is not said that you accept the assignment. If it is not, it can not accept the task.
If you do not know the name of a lawyer qualified for legal aid you can go to the nearest Council of the Order and ask for a list or you can consult online by accessing the website of the aforementioned Council of the Order.
After having contacted the lawyer, he will take care of all the documentation to be signed by the client and be deposited with the order.
How to present the application for admission to legal aid
To request a free lawyer, you must file an application without any specific formal requirements, also in plain paper (even if each order of the order prepares its own templates downloadable from the site) provided that in duplicate (one for the order council, the other for the revenue agency).
In the instance we must indicate:
- the request for admission to legal aid and the indication of the process to which it refers, if already pending;
- the generality of the interested party and of the members of the registry, with the respective tax codes;
- a substitutive declaration of certification by the interested party, certifying the existence of the expected income conditions for admission;
- the commitment to communicate, until the process is defined, the significant changes in the limits of income, verified in the previous year, within 30 days of the expiry of the one-year term, from the date of submission of the application or the previous variation communication;
- the statements in fact and in law useful for assessing the unfounded groundlessness of the claim that one intends to assert, with the specific indication of the proofs for which admission is intended;
- the signing of the requesting party. This subscription must be authenticated by the lawyer.
A copy of the identity document must be attached to the application.
The application must be filed with the lawyers' council: this can be provided by the party or the lawyer.
Alternatively, it can be sent by registered letter a / r.
Where to present the application for admission to legal aid
Now let's see where to apply for a free lawyer's request . In particular, we must contact:
- if the trial is already underway: to the council of the order in which the judge before whom the trial hangs is based;
- if the trial has not yet been established: to the council of the order in which the competent judge is established to know the merit of the case;
- if the court of cassation proceeds forward: to the council of the order in which the judge who issued the disputed provision is located.