The Department provides legal aid for low-income applicants who are eligible for it pursuant to the statutory provisions. The legal aid includes legal advice and mainly representation before legal forums, by lawyers appointed by the Department.
WHAT ARE THE STAGES OF HANDLING THE APPLICATION FOR LEGAL AID?
1. Upon receipt of the application for legal aid a preliminary examination is made of the conditions of eligibility for legal aid, in accordance with the conditions prescribed in the Legal Aid Law, 5732 – 1972 and the Legal Aid Regulations, 5733 – 1973.
2. After an official written application has been submitted and a file opened at the district office, you will be summoned to a meeting with a lawyer at the office you applied to. In certain places and in order to make things easier for the applicants living some distance from the Legal Aid office they belong to, the office's lawyers will meet with the applicants at the welfare offices of the local authorities nearest to their place of residence.
3. After the meeting with the lawyer, and after you have provided the documents you are required to provide, the office decides whether or not to grant you legal aid, and exactly for what proceedings the legal aid will be granted, all pursuant to the statutory provisions.
SEVERAL MATTERS WILL BE EXAMINED DURING THE MEETING WITH THE LAWYER:
v Economic eligibility for the provision of legal aid, excluding exceptions, such as: claims against the National Insurance Institute, representation of forcibly hospitalized persons and representation in human trafficking matters, where the applicant's economic eligibility is not examined.
v The subject of the aid in respect of which the application is filed, such as – civil matters, Execution Office, National Insurance, personal status matters, etc.
v The legal chance of the application from the aspect of the law, the facts and the evidence.
You should pay attention to the fact that even if the office has decided that your application has a legal chance, there is not necessarily any certainty that you will be successful in the legal proceeding you wish to conduct. The Legal Aid office is not a judicial body and the decision in the proceeding is vested solely and exclusively in the Court, which is the judicial body.
If you have complied with the three conditions as aforesaid, in the majority of cases a letter of appointment is sent to the external lawyer appointed on behalf of the Legal Aid. At the same time, you will be sent a letter with the name of the appointed lawyer, his address and contact details, for the purpose of continuing to handle the file and/or arranging a meeting.
REFUSAL OF THE APPLICATION FOR LEGAL AID AND APPEAL AGAINST THE REFUSAL
On the other hand, if the decision is not to grant legal aid (because one of the conditions is not fulfilled) you will be sent a letter of explanation about the reasons for the refusal. The explanatory letter is attached to the official refusal letter.
You may appeal against the decision not to grant legal aid before the District Court in the jurisdiction of the district, within thirty days from the date the notice of refusal was sent or delivered.