The Napoleonic Penal Code, adopted in France in 1808 and inspired by many similar codes in civil law countries, made it imperative that the accused have a lawyer when tried before jury courts (which convict serious crimes). [14] All defendants in France are entitled to legal aid, and there is also a right to legal assistance in civil and administrative matters. State-funded legal aid for persons subject to criminal, civil and administrative proceedings is available to persons legally resident in France and, in some cases, may be used for cases in another jurisdiction in Europe. Eligibility is means-tested, with a sliding scale of income-based support. Those at or below the lowest level are entitled to full legal assistance with all costs covered by the state, while those with higher incomes are entitled to only 55% or 25% of their legal fees covered, depending on their income. State-funded legal advice is provided by a network of public legal services throughout France. Some centres provide free legal assistance to anyone living in the department, while others limit their services to people with modest incomes. [15] [16] Some States set out the main conditions for the right to legal aid in their constitution or similar. For example, the Constitution of South Africa (1996) provides that in England and Wales, legal aid is provided through the Legal Aid Agency, which provides assistance in civil and criminal cases. Legal aid in civil matters is means-tested, only those who prove that they cannot afford to pay court fees and that the case is serious. In criminal cases, any person questioned in a police station is entitled to free legal advice.

Legal aid in criminal proceedings is also means-tested, unless the accused is under 16 or under 18 years of age and is in full-time education or receiving certain benefits. A defendant may be asked to pay a contribution to his defence. [30] [31] [32] A defendant is not entitled to legal representation in civil proceedings, including an eviction hearing (although deportation is often a collateral consequence of a criminal conviction). [37] However, as described below, there are certain civil proceedings in which the parties are entitled to counsel; such a right derives from due process or a Fourteenth Amendment equality protection clause, due process, or equality protection clause of a state constitution or federal or state law. [38] The right to counsel under the U.S. Constitution is actually a fairly simple concept. If you are charged with a crime for which you may be in prison, you have the constitutional right to have a lawyer to assist you in your defense. And if you can`t afford to hire that lawyer yourself, the government must provide you with a qualified lawyer at the expense of the state. „States have the primary responsibility to take all appropriate measures to realize fully the right to legal aid for everyone within their territory and subject to their jurisdiction,” the Special Rapporteur said.

„Legal aid recipients should include anyone who comes into contact with the law and cannot afford a lawyer.” Individual lawyers (also called lawyers) are experts in various areas of law. Some lawyers specialize in a particular area of law, such as commercial, civil, criminal or juvenile law. You need to determine what type of lawyer is right for your legal situation. Once you`ve found a lawyer, ask them about their experience, areas of expertise, and questions such as „How would you handle my case?” and „What do you charge for your services/what is your fee structure?” Civil legal aid is the provision of legal aid and assistance to persons living in or near poverty in legal matters outside the criminal justice system. For people facing civil law challenges such as unlawful evictions, foreclosures, domestic violence, or unlawful denial of government support, it may be impossible to navigate the court system without a lawyer. However, unlike the right of access to a lawyer in criminal proceedings, the courts have not recognized the right to a lawyer in the vast majority of civil cases. This makes justice inaccessible to low-income people and undermines a fundamental principle of our nation, which is that the amount of money a person receives should not determine the quality of justice they receive. In Germany, it is imperative that all defendants accused of an offence punishable by deprivation of liberty of at least one year have access to a lawyer, even if they do not wish to do so themselves, and the court appoints a lawyer to represent an accused who has not done so.

[17] There is no organised system of public defence in Germany. The court may appoint any lawyer to advise a particular defendant, and a defendant may choose a particular lawyer. The accused is not charged for legal services if acquitted, but is required to pay the lawyer`s fees if convicted, unless the court determines that the defendant is indigent. [18] In civil cases, the state provides legal representation, legal advice, and assistance to cover legal costs to those who cannot raise the funds to hire a lawyer, but only if it is assumed that there is a reasonable chance of success. [19] „The right to legal aid must be guaranteed by law in national legal systems at the highest possible level, possibly in the Constitution,” Knaul stressed among the specific recommendations of her new report. The right to legal representation means that a defendant has the right to receive the assistance of a lawyer (i.e. lawyers), and if the defendant cannot afford a lawyer, he or she requires the government to appoint one or pay the defendant`s legal fees. The right of access to a lawyer is generally considered to be part of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The law is often contained in national constitutions. Of the 194 constitutions currently in force, 153 have a corresponding language.

[1] Seniors Care Locator – Enter your postal code to find local offices for legal and aging organizations. Unfortunately, in the more than half century since the U.S. Supreme Court confirmed that the right to consultation is an obligation of state governments, the implementation of this simple concept has become increasingly complicated. The difficult realities of local governance – providing essential social services such as roads, hospitals and schools while keeping our communities safe, all with limited taxpayer money – are prompting policymakers to constantly look for ways to meet the absolute minimum requirements of the Constitution and to do so at the lowest possible cost. Even in all their efforts, many jurisdictions struggle to uphold the Sixth Amendment guarantee for every defendant in every criminal case. National Disability Rights Network – Find legal advice by state for people with disabilities. Every detained person, including any convicted prisoner, has the right – . The independent expert also noted that it was up to each State to identify the model that could maximize access to free legal aid for all persons within its territory and jurisdiction.

Despite the dedicated advocacy of lawyers who often dedicate their careers to the needs of low-income individuals, programs are significantly underfunded and often forced to prioritize services to the most disadvantaged clients in a limited number of issues affecting their most pressing legal needs. Nevertheless, it is estimated that about half of those eligible for legal aid programmes will have to be turned back.