Can a lawyer demand money from a legal aid recipient?
Verified 26 May 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Yes, your lawyer can charge you extra fees even if you are a beneficiary of total or partial legal aid.. The following 4 conditions must be met:
- The court decision in your case has become final (no appeal has been filed and the appeal period has expired)
- The court decision granted you important damages
- These damages cause you to exceed the income ceilings taken into account when granting legal aid
- The legal aid office already has you withdrawn the aid granted
Additional fees are charged because of the increase in your income. They are used to pay for the services performed by the lawyer and are not profit or loss.. Result fees are a percentage of damages awarded by the courts. They must be included in the agreement signed with the lawyer from the outset.
If you have a dispute about fees, you can enter the council of the order of lawyers..
- Law No. 91-647 of 10 July 1991 on legal aid: Rule 36Conditions for requesting additional fees
- Decree No. 91-1266 of 19 December 1991 on legal aid