As a general rule, entitlement to Legal Aid is conditional on the three following conditions being satisfied:
(a) Legal Aid is required in one case or in several of the cases in which it is possible to receive Legal Aid (Regulation 5 of the Legal Aid Regulations, 5733-1973).
(b) The applicant for Legal Aid is entitled to receive it from an economic standpoint (Regulation 2 of the Legal Aid Regulations, 5733-1973).
(c) There is a reasonable prospect in law of succeeding in the claim (Section 4 of the Legal Aid Law, 5732-1972.
B. The Matters in Respect of Which Legal Aid is Granted
* Family cases as such are defined in the Family Courts Law, 5755-1995, including: Divorce, dissolution of marriage, maintenance, custody of children, access arrangements, a protection order in family violence cases, an order staying exit from the country, age/name alteration, inheritance etc.
* Protection of rights pertaining to residential properties, including ownership, eviction or removal claims, rent, key money and repairs of leased property, with the exception of registration of title to real estate or any other transaction in relation thereto.
* Financial matters including civil wrongs damage claims.
* Cases coming within the jurisdiction of the Labor Court, such as claims for wages, severance pay, social benefits etc, with the exception of criminal cases.
* Representation before an Appeals Committee under the Employment Lights (Wisconsin) Program.
* Claims under legislation for the provision of pensions, grants, rehabilitation or other rights to disabled persons or families.
* Claims in any matter pertaining to the rights of discharged soldiers.
* Claims under the Law of Return, 5710-1950, the Citizenship Law, 5712-1952, the Population Register Law, 5725-1965.
* Representation before Forced Hospitalization Committees - under the Treatment of Mental Patients Law (Amendment No. 5), 5764-2004, Legal Aid is granted by the Legal Aid District Offices for persons who have been forcibly hospitalized pursuant to a Hospitalization Order, including their representation before District Psychiatric Committees.
* Representation of Victims of Human Trafficking Offences in civil proceedings.
* Aid in human trafficking offences or ancillary offences in all matters concerning proceedings under the Entry into Israel Law 5712-1952 (with the exception of Section 3) and also, aid in relation to civil proceedings that arise from the commission of offences.
* Aid for a patient hospitalized under a Hospitalization Order or who is receiving clinical treatment under a Clinical Treatment Order, under the provisions of the Treatment of Mental Patients Law, 5751-1991, in all matters pertaining to representation under Section 29A in hearings before a Psychiatric Committee, and also representation under Section 29A in hearings of an appeal against a decision of a Psychiatric Committee under the provisions of Section 29 of the Law.
* Aid for a minor where one of his relatives has submitted an application for a protection order against him under the provisions of Section 3A of the Prevention of Family Violence Law 5751-1991, in all matters pertaining to representation in a proceeding under Section 3A (b)(4) of the said Law, (with the exception of Sections 3 and 4) and also, representation in an appeal against a decision under Section 3A(b)(4) of the said Law (with the exception of Section 3).
* Aid for a participant, as such is defined in Section 37 of the Economic Policy for the 2004 Fiscal Year (Legislative Amendments) Law 5764-2004, in all matters pertaining to proceedings under the Employment Lights ("Wisconsin") Program.
C. Proof of Economic Entitlement
Regulation 2 of the Legal Aid Regulations, 5733-1973, sets the economic tests for the granting of Legal Aid. With the exception of National Insurance cases and representation of forcibly hospitalized patients in which there is no economic test, Legal Aid is only granted to those entitled to it from an economic standpoint.
The Economic Test Consists of Two Aggregate Tests:
(a) The Income Test - an individual or family of up to three persons whose level of income is up to 67% of the national average wage (currently NIS 5,896). For every additional person there is an addition of 6%. The test is in relation to gross income. In matters relating to personal status the income of the spouse/partner is not examined.
In accordance with the Head of the National Legal Aid Administration's directive, there will not be deducted from the Legal Aid applicant's income, maintenance payments that he makes to his wife and for his children. However if it is proved that maintenance is being paid they will be deemed to be additional persons for the purpose of calculating entitlement to Aid.
(b) The Property Test - The applicant's realizable property (savings, vehicle etc) or the property in respect of which it is possible to obtain a loan, does not exceed triple the amount of the national average wage (currently NIS 26,400).
The property test does not apply to a residential dwelling or property of a spouse/partner.
D. Legal Prospects
Section 4 of the Legal Aid Law, 5732-1972 provides that "the Head of the District Office may reject an application for legal service if he is of the opinion that the applicant's case is vexatious or baseless or is not reasonably well founded in Law, in fact, or as to the evidence, and he may direct that where the provision of services has already started they shall be discontinued and that the applicant shall reimburse expenses incurred by the District Office in respect of services given, all as prescribed in Regulations."
Thus mandatory legal provisions provide that in each and every case (with the exception of representation before District Psychiatric Committees) there should be an examination of the legal prospects of success in the proceeding. In this context, both the factual aspect and the legal aspect are examined with an examination of the evidence and the contentions of the opposing party on matters of law.
It should be emphasized that this facet requires a very professional approach in particular in view of the multiplicity of the relevant cases and procedures. A profound examination is also necessary on our part in each individual case which necessitates your cooperation in providing relevant information and documents.