How Does Legal Aid Work?
September, 2010
Normally, if you want a Legal Aid to appoint a lawyer for you at government expense, you must:
- ask Legal Aid to appoint a lawyer, and
- provide details about your financial situation.
Accessing Legal Aid
Typically, your first opportunity to ask the Legal Aid to appoint a lawyer for you will be at your first Court appearance, normally called your arraignment or bail hearing. The judge will probably ask you whether you are represented by a lawyer. If you're not, the judge will then ask whether you want to apply for Legal Aid-appointed counsel. Courts will delay your case and until a lawyer is appointed after Legal Aid reviews your economic circumstances and a lawyer is appointed.
Each province makes its own rules as to who qualifies for a free lawyer. Also, the seriousness of the charge may affect the decision as to whether you are eligible for free legal assistance. For example, legal aid may recognize that a wage-earner can afford the cost of representation for a minor crime, but not for a crime involving a complicated and lengthy trial.
If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a Legal Aid-appointed Lawyer. Most provinces provide for "partial indigency," which means that at the conclusion of the case, legal aid will require you to reimburse it for a portion of the costs of representation.
Problems with Legal Aid-appointed lawyers
Like all Lawyers, legal aid lawyers are ethically obligated to vigorously defend their clients' interests. Undoubtedly, most lawyers live up to their ethical duties. But defendants who think that their Legal Aid-appointed Lawyers are not representing them adequately can buy advice from a private defense Lawyer. Even a low-income person may be able to pay for a short "second opinion" consultation.
Additionally, you are allowed to change your Legal-Aid appointed lawyer.
Legal Aid Help Doc (PDF)
