State-Guaranteed Legal Assistance
The state (in the Republic of Lithuania) guarantees the provision of legal aid to natural persons so that they can properly defend their violated or disputed rights and legally protected interests. State-guaranteed legal aid includes both primary legal aid and secondary legal aid.
Primary legal aid consists of legal information, legal consultations, and the preparation of documents intended for state and municipal institutions (excluding procedural documents). It also includes advice on alternative dispute resolution, actions aimed at peaceful settlement of disputes, and preparation of settlement agreements.
All citizens of the Republic of Lithuania, citizens of other EU member states, and other individuals lawfully residing in Lithuania or other EU member states, as well as persons indicated in international treaties of the Republic of Lithuania, are entitled to receive primary legal aid. This assistance is free of charge – the state (in Lithuania) covers 100% of the costs of primary legal aid.
The managing institutions of the state-guaranteed legal aid system are:
- The Government of the Republic of Lithuania;
- The Ministry of Justice of the Republic of Lithuania;
- Municipal institutions;
- State-guaranteed legal aid services;
- The Lithuanian Bar Association.
Primary legal aid is not provided if:
- The applicant’s claims are clearly unfounded;
- The applicant has already received a thorough legal consultation from a lawyer on the same matter or it is evident that such consultation can be obtained without relying on state-guaranteed legal aid under this law;
- The applicant is not seeking assistance for their own rights or legitimate interests (except in cases of legal representation).
Procedure for Providing Primary Legal Aid:
- Individuals seeking primary legal aid have the right to apply to the executive body of the municipality according to their declared place of residence, or — if the person does not have a place of residence — to the executive body of the municipality in which they currently reside (in the Republic of Lithuania).
- Primary legal aid must be provided immediately upon the person’s request to the municipal executive. If immediate assistance cannot be provided, the applicant is informed of the appointment time, which must not be later than five days from the date of the request.
- This aid is provided by municipal civil servants whose job descriptions include legal functions, employees working under employment contracts with legal duties and paid from the municipal budget (hereinafter referred to as municipal staff), or by attorneys (law firms) or public institutions contracted by the municipalities. Municipalities choose the method of delivering primary legal aid based on quality, efficiency, and cost-effectiveness.
- The duration of primary legal aid is no longer than one hour. This duration may be extended by decision of the municipal executive body or its authorized representative.
- A person may apply for primary legal aid on the same issue only once.
Secondary legal aid includes the drafting of documents, defense and representation in legal proceedings (including enforcement procedures), and representation in pre-trial dispute resolution if provided for by law or court order. It also includes the reimbursement of litigation costs in civil, administrative, or criminal cases (in Lithuania).
Eligible for secondary legal aid are:
- Citizens of the Republic of Lithuania, citizens of other EU member states, and individuals legally residing in Lithuania or other EU countries, whose assets and annual income do not exceed the thresholds set by the Government of the Republic of Lithuania;
- Citizens of Lithuania, the EU, and individuals legally residing in Lithuania or other EU countries who are victims seeking compensation in criminal cases; are entitled to social assistance; are residents in state-funded care institutions; have a severe disability or are declared unfit for work; are legal guardians of such persons; suffer from severe mental disorders when decisions are made about compulsory hospitalization and treatment;
- Other individuals specified in international treaties of the Republic of Lithuania.
Citizens of other EU countries and individuals legally residing in EU member states are entitled to state-guaranteed legal aid only in cases of international disputes.
Secondary legal aid is not granted if:
- The applicant’s claims are clearly unfounded;
- Legal representation in the case is not promising;
- The applicant seeks compensation for non-material damage related to the protection of honor and dignity but has suffered no material damage;
- The request concerns a claim arising directly from the applicant’s business or professional activity;
- The applicant is able to obtain the necessary legal services without using state-guaranteed legal aid;
- The applicant is not defending their own rights (except in cases of legal representation);
- The claim was assigned to the applicant solely to obtain state legal aid.
The legal aid service has the right to refuse secondary legal aid if, after thorough evaluation, it determines that the anticipated cost of the legal aid would significantly exceed the value of the applicant’s financial claim, the non-material claim is of minor importance, or the applicant is capable of defending their rights or interests on their own, without the help of a lawyer.
Procedure for Providing Secondary Legal Aid
To obtain secondary legal aid, a person must submit an application and documents proving their eligibility to the relevant authority (in Lithuania). The required form and content of the application are approved by the Minister of Justice of the Republic of Lithuania. Documents may be submitted in person or by post. When assigning a lawyer, the authority considers the applicant’s preference for a specific attorney, the applicant’s place of residence, the lawyer’s workplace, their workload, and other relevant circumstances.
The decision to grant secondary legal aid serves as both a mandate and a document confirming the lawyer’s authority to act. If secondary legal aid continues for more than one year, the authority shall annually (starting one year after the original decision) reassess whether the applicant still qualifies for such aid.
Provision of secondary legal aid is terminated if:
- It becomes clear that the person receiving the aid was not eligible to receive it;
- The person deliberately provided false information regarding the nature of the dispute or case, or about their property or income;
- There is a change in circumstances that were the basis for granting the aid;
- The person’s level of assets and income changes and they lose eligibility for secondary legal aid;
- The applicant fails to submit, within the required timeframe, a property declaration certified by the local tax administrator, when legal aid is provided for more than one year;
- The applicant abuses their material or procedural rights, or demands that the lawyer defend or pursue rights using impermissible methods;
- After a change in circumstances, it is determined that the expected cost of legal aid significantly exceeds the applicant’s financial claims or that the non-material claim is insignificant, or that the applicant can independently defend their rights and legally protected interests without legal assistance;
- The applicant submits a request to terminate the provision of secondary legal aid.