Free lawyer: who is entitled and how to request

A legal process involves various expenses, notably the payment of legal fees. The truth is that not everyone has the means to cover these costs.

In this article, learn more about this social security tool and find out if you are eligible for this assistance. 

Free lawyer: what is it?

Legal aid is a free service for those who cannot afford the expenses resulting from legal proceedings and representation by a lawyer.

To request a free lawyer, you can do so online through... Direct Social Security, or in person at Social Security public service departments.

What is the difference between a free lawyer and a pro bono lawyer?

A pro bono lawyer is defined as a lawyer who voluntarily provides legal services to those who lack the means. In the case of free lawyers, these are linked to social security. 

Who is entitled to legal protection?

The right to legal protection is intended for individuals or legal entities, whether for profit or non-profit. These individuals must prove that they do not have the financial capacity to cover the costs of legal proceedings and alternative dispute resolution processes. 

How does the social security legal aid program work?

Legal aid comes in various forms. Those who benefit from free legal aid can join one of them. 

Thus, the types of free legal aid are: 

  • Exemption from court fees and other process-related charges;
  • Payment of court fees in stages;
  • Assignment of enforcement agent;
  • Phased payment of compensation for court-appointed defense attorney: payment to the Ministry of Justice in installments for the work of the defense attorney;
  • Appointment and phased payment of legal representation: the lawyer's payment is made to the court in installments;
  • Payment of compensation for court-appointed attorney: lawyer paid by the Ministry of Justice;
  • Appointment and payment of the patron's compensation.

How do I know if I'm entitled to legal aid?

To access legal aid, there are specific groups a person must belong to in order to exercise this right: 

  • Portuguese and EU citizens;
  • Non-profit organizations;
  • People who have their domicile or habitual residence in a Member State of the European Union other than the one where the process will take place;
  • Foreigners without a valid residence permit in the European Union, provided their countries of origin have the same right as Portuguese citizens;
  • Foreigners or stateless persons with a valid residence permit in EU countries.

How do I request a lawyer from Social Security?

The request for free legal assistance from social security can be made online or in person. In person, requests for legal representation from social security can be made at the social security public service offices.

In each district there are several in-person customer service, Where, for more convenient access to these same locations, you can make a prior appointment online or by phone. 

Can I request a lawyer from Social Security online?

To request a free lawyer, you can do so online through the Social Security Direct service. This tool is effective and allows you to make your request quickly and easily. 

What documents are needed?

To request access to legal protection, you must have the following documents with you:

  • VAT returns for the last two quarters;
  • Payslips issued by the employer within the last six months;
  • In the case of self-employed workers, proof of payment and receipts issued within the last six months. 

How long does it take Social Security to respond?

The result of the legal protection application must be provided within 30 days. If any documents are missing, it may take a little longer. If a document is missing, you will be notified and given 10 days to submit the missing documentation. 

Advantages of legal support from Social Security

Legal support from social security offers several advantages, most notably: 

  • Exemption from payment of court fees and related charges;
  • Exemption from payment for the services of a solicitor;
  • If you are not exempt from paying for the services mentioned above, these can be paid in installments. 

What is the supporting legislation?

A Law No. 34/2004, of July 29 This is the supporting legislation regarding legal protection. The objectives of providing legal protection are explicitly stated in this law, with particular emphasis on the right of any person to access the courts and legal representation. 

What services are covered by free legal assistance?

Free legal assistance covers the right to legal protection for those who cannot afford it. In this sense, this tool provides the following services: 

  • Legal advice: Consult with a lawyer for technical clarification;
  • Legal support: Appointment of a lawyer and payment of their fees.

To learn more about these and other issues, contact us. Lawyers in Braga

Conclusion 

Free legal aid is available to Portuguese citizens or foreigners who are unable to obtain legal protection on their own. 

To access this service, Social Security offers an online option, or their service counters also provide this service. 

Legal consultation and legal support are the main services offered through free legal aid, allowing those who benefit from these services to be exempt from court costs, or to pay them in installments. 

Do you need legal support? Get in touch today or learn more about our service. online lawyers and book your appointment with total convenience, wherever and whenever you want.

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Note: The information presented in this article is for informational purposes only and should not be interpreted as legal advice. While we have made every effort to ensure the accuracy of the content, we accept no responsibility for any inaccuracies, omissions, or legal changes that may occur after publication. If you are facing a specific situation or have questions about any matter covered, we strongly recommend consulting a solicitor or legal expert for advice tailored to your circumstances.

Lawyers in Braga - Contacts

CSG Lawyers – Catarina S. Gomes Lawyer

In the office Lawyers in Braga – Catarina S. Gomes, you will find a team of experienced and highly qualified professionals.

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Catarina S. Gomes and her team of Lawyers in Portugal are always ready to respond to their clients' needs, constantly seeking the best solutions for each case, regardless of the complexity.

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