A lawyer under the free legal aid scheme | Lawyer Mihail Tomov | Varna

The principle underlying the Code of Civil Procedure is that legal aid is free. Only in circumstances specified by law must a recipient reimburse the National Legal Aid Bureau for the cost of a lawyer.

Article 78(7) of the Code deals with legal aid granted to a person whose claim succeeds. Its first sentence entitles the Bureau to seek an award of the lawyer’s fee it paid when the recipient’s claim is upheld. The fee is payable by the losing opponent. The second sentence gives the Bureau no claim against the recipient. Instead, it addresses the recipient’s liability to the opposing party for litigation costs in proportion to the part of the case the recipient lost. This reflects the general rule in Article 78 that costs are allocated according to the outcome. Article 78(7) therefore does not make the recipient’s liability to repay legal aid depend on whether they win or lose. Moreover, where a claim is manifestly unfounded or inadmissible, legal aid should not be granted in the first place (see Article 24, point 3, of the Legal Aid Act). Article 27a of that Act is consistent with this conclusion: it concerns a recipient who declared false information, or failed to notify the legal aid authority of a change in the circumstances on which the grant was based despite an obligation to do so.

This article is not a legal opinion or advice on any particular situation or person. For advice on legal aid, consult a lawyer.

Lawyer Mihail Tomov | Varna