calculation of prelimary costs for seconadary legal aid

According to the cases established in the Law on State-Guaranteed Legal Aid (taking account of the level of personal assets and income and number of current proceedings), the persons shall pay 50 or 75 per cent of the secondary legal aid costs.

In order to assess the potential costs of secondary legal aid, please see the main provisions as to how the estimated amount of secondary legal aid costs is calculated.

Please pay attention that it is not possible to accurately calculate the estimated costs of secondary legal aid as the exact amount of costs will be subject not only to the time the lawyer dedicates to secondary legal aid(which is calculated taking into account the actual time of the provision of secondary legal aid), but also to other costs of secondary legal aid which also include evidence gathering costs(collection of certificates, documents from the state registers and information systems, public and municipal authorities), translation costs, litigation costs(examinations), proceedings costs.

LAWYER'S PROFESSIONAL WORK COSTS

When calculating the estimated secondary legal aid costs for lawyer's work related to the defence and representation as well as to drafting of procedural documents, the maximum rates set in the Rules on the Charge Rates Paid for the Provision of Secondary Legal Aid and Coordination and the Payment Thereof shall be taken as a reference. HOWEVER, please pay attention to the fact that the costs may be higher taking account of the actual time spent in the provision of secondary legal aid, which may usually take longer if the case is complicated or of a large-scale and the lawyer needs to take additional actions, gather evidence and the proceedings take place in another city.One must bear in mind when assessing the estimated costs that the charge rate for one hour of the lawyer's professional work is 11,58 Eur (39,98 Lt).

The most relevant information is provided below:

CIVIL PROCEEDINGS
- amicable dispute settlement outside the court – 92,64 Eur (319,88 Lt);
- obligatory pre-trial dispute settlement outside the court – 92,64 Eur (319,88 Lt);
- non-contentious proceedings:
1. cases on issuing court permits or validation of facts and other cases which, according to the laws, are heard in line with a simplified process procedure – 23,16 Eur (79,97 Lt);
2. other cases of non-contentious proceedings – 115,80 Eur (399,83 Lt);
-cases on the issuing of court orders – 23,16 Eur (79,97 Lt);
- cases of documentary process – 81,06 Eur (279,88 Lt);
- divorce cases where a dispute is absent – 69,48 Eur (239,90 Lt);
- requests to revise decisions by default – 23,16 Eur (79,97 Lt);
- other cases tried by way of contentious proceedings:
1. drafting of procedural documents of the persons involved in the proceedings for the court of first instance – 69,48 Eur (239,90 Lt);
2. representation in the court of first instance – 46,32 Eur (159,93 Lt);
3. drafting of an appeal – 57,90 Eur (199,92 Lt);
4. representation in the court of appeal – 69,48 Eur (239,90 Lt);
5. drafting of an appeal in cassation – 69,48 Eur (239,90 Lt);
6. representation in the court of cassation – 23,16 Eur (79,97 Lt);
7. renewal of the process – 69,48 Eur (239,90 Lt);
8. execution process – 69,48 Eur (239,90 Lt);
9. other requests (requests to explain the court judgment, etc.) – 34,74 Eur (119,95 Lt).

ADMINISTRATIVE PROCEEDINGS
- pre-trial dispute settlement outside the court – 69,48 Eur (239,90 Lt);
- hearing of administrative cases in the court of first instance:
1. drafting of procedural documents for the court of first instance – 46,32 Eur (159,93 Lt);
2. representation in the court of first instance – 23,16 Eur (79,97 Lt);
3. drafting of an appeal – 23,16 Eur (79,97 Lt);
- representation in the court of appeal – 34,74 Eur(119,95 Lt);
- drafting of a separate appeal – 11,58 Eur (39,98 Lt);
- renewal of the process – 23,16 Eur (79,97 Lt);
- execution process – 69,48 Eur (239,90 Lt);

CASES OF ADMINISTRATIVE OFFENCES
- hearing of cases on administrative offences outside the court – 34,74 Eur(119,95 Lt);
- drafting of an appeal against the decision in the case on administrative offences– 11,58 Eur (39,98 Lt);
- hearing of cases on administrative offences outside the court:
1. hearing of cases on administrative offences in the court of first instance – 34,74 Eur(119,95 Lt);
2. drafting of a complaint on resolutions (decrees) of courts adopted in hearing the cases on administrative offences in the courts of first instance – 11,58 Eur (39,98 Lt);
- representation in the court of appeal – 23,16 Eur (79,97 Lt);
- execution process – 69,48 Eur (239,90 Lt);
- renewal of the process – 46,32 Eur (159,93 Lt).

CRIMINAL PROCEEDINGS
- representation of the interests of a victim, claimant in the criminal proceedings:
1. drafting of a civil claim and other procedural documents for criminal proceedings – 46,32 Eur (159,93 Lt);
2. representation in a pre-trial investigation – 23,16 Eur (79,97 Lt);
3. representation in the court of first instance – 23,16 Eur (79,97 Lt);
4. drafting of an appeal – 23,16 Eur (79,97 Lt);
5. representation in the court of appeal – 23,16 Eur (79,97 Lt);
6. drafting of an appeal in cassation – 34,74 Eur(119,95 Lt);
7. representation in the court of cassation – 11,58 Eur (39,98 Lt);
- cases of private prosecution:
1. drafting of a complaint (statement) – 46,32 Eur (159,93 Lt);
2. representation in the court of first instance – 23,16 Eur (79,97 Lt);
3. drafting of an appeal – 23,16 Eur (79,97 Lt);
4. representation in the court of appeal – 23,16 Eur (79,97 Lt);
- renewal of a criminal case – 46,32 Eur (159,93 Lt);

The amount to be paid for drafting of statements to the European Court of Human Rights or other international institutions authorised to hear the person's statements equals 46,32 Eur (159,93 Lt).

OTHER COSTS

Other costs that could be subject to payment will usually depend on the circumstances of a specific case. The following types of costs are usually paid in the practice of the state-guaranteed legal aid services.

Examination costs:
The amount of examination costs will depend on a specific type of examination to be carried out in your proceedings. It would be very difficult to calculate such costs in advance, therefore in order to evaluate the potential costs you could contact court experts engaged in examinations of such a type or forensic examination centres.

Most common costs which are covered by the state-guaranteed legal aid services are the costs for DNA examinations currently amounting to 304,10 Eur (1050 Lt)on an average.

Costs of the process of execution:
Required costs of execution paid in the process of execution are calculated in accordance with the provisions of the Instruction on the Implementation of Judgments approved by Order No 1R-352 of 27 October 2005 of the Minister of Justice of the Republic of Lithuania.

Translation costs:
Such costs are usually encountered where a person needs the services of an interpreter/translator when communicating with a lawyer and where documents submitted to the court need to be translated into the Lithuanian language. The amounts of costs depend on the source language of the translation. If required, you may apply to the specific state-guaranteed legal aid service regarding the estimated amount of costs.


Related documents:

 
©All rights reserved. TP