If you need legal assistance, you have the right to hire a lawyer of your choice at any point during the trial. You have a right to free legal aid only if you can't afford it and if the court matter is considered reasonable (there is a chance of success).
Right to a lawyer
You have a right to hire a lawyer at any stage of administrative proceedings. This means that you can already choose a lawyer during the proceedings at the state institution.
Your lawyer can be present at any time your presence is required at proceedings.
State-paid lawyer
Human rights demand that the state must provide you with a free lawyer if:
- you cannot afford to hire one and
- your claim is not considered unreasonable (there is a chance of success) and
- the case is important for your personal and socio-economic situation or the expected outcome of the case is vital for you or your family.
The aim is to ensure equal opportunities for safeguarding one’s rights. It warrants that you are not put in a worse situation than your opponent and that you can participate in the proceedings meaningfully.
example You will be entitled to a lawyer if your financial situation warrants it and there is at least a minor probability your request in the case will be successful.
Slovenian law
In Slovenia, you can only receive free legal aid if:
- given your financial situation and the financial situation of your family, you would not be able to cover the costs of court proceedings or the costs of providing legal aid without harm to your social status and the social status of your family,
It is considered that your social status or the social status of your family is endangered due to the costs of court proceedings if your monthly income (own income) or monthly average income per family member (own family income) does not exceed the amount of two times basic minimum income, determined by the law that governs social security benefits (since August 2019 the basic minimum income is 402,18 EUR).
- the value of your property or your family’s property may not exceed a certain amount (which is 19,304.64 EUR in 2021).
There are certain exceptional cases, where free legal aid will be provided even though you or your family do not meet the above conditions (per example in case of a natural disaster, excessive financial costs due to health issues etc.). The conditions are set out in the Legal Aid Act.
important You must apply for legal aid for each case (each court proceeding) separately and indicate whether you are requesting free legal aid (lawyer services) and/or sponsorship of court costs.
In Slovenia, there are certain claims for which free legal aid will not be given. For example, generally, you cannot ask for a free lawyer in defamation cases.
How to apply for legal aid
To get a state-paid lawyer, you must file a request for legal aid to the relevant court. If you need help with filling out the prescribed form, you can turn to the Free Legal Aid Service at the court. You must file the request in a timely manner and provide full and truthful information about yourself and your situation.
note In case your application is successful, legal aid will only cover costs incurred after you applied for free legal aid.
You can choose a lawyer before applying for free legal aid. You should check if he is providing free legal aid. If you do not select a lawyer, it will be determined by the Free Legal Aid Service from a list of lawyers who practice free legal aid.
How to complain
If you are not entitled to a lawyer under national law, but you cannot participate meaningfully in the court process without a lawyer, your right to a fair trial may be violated.
If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, you should still, in all instances, ask the court to provide you with a lawyer free of charge. Even if your request is refused, you will later be able to complain about a potential violation of your rights in other national or international human rights institutions.