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 process would be unjust without a lawyer’s help.
Right to a lawyer
You have a right to hire a lawyer at any stage of civil proceedings. This means that your lawyer can represent you at all court hearings and submit all the documents that you, as a party to the case, are required to submit.
State-paid lawyer
Human rights demand that the state must provide you with a free lawyer if:
- you cannot afford to hire one and
- if a fair hearing cannot be otherwise guaranteed
This is to ensure 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 property and annual income do not exceed the property and income levels established by the Law on State Guaranteed Legal Aid.
Depending on your financial situation, you might get a 100% or partially free legal aid.
Lithuanian law
In Lithuania, you can receive free legal aid despite your financial situation:
- in damage compensation cases, if you are a victim of a crime that caused you damage
- if you are receiving a social allowance from the state
- if you are living in a stationary care institution
- if you have a severe disability or you are retired and have special needs
- if you present a proof that you cannot dispose of your property and funds for objective reasons, etc.
In Lithuania, there are also a number of claims for which free legal aid will not be given. You cannot ask for a free lawyer in defamation cases, claims for moral damages, cases concerning your commercial or independent professional activity, if your demands in the case are obviously unfounded and other cases listed in the Law on State Guaranteed Legal Aid.
How to apply for legal aid
To get a state-paid lawyer, you must file a request for legal aid to the State Guaranteed Legal Aid Service. You must file the request in a timely manner and provide necessary documents and information about yourself and your situation. All necessary documents are listed in the Law on State Guaranteed Legal Aid.
How to complain
If you are not entitled to a lawyer under national law, but you cannot participate meaningfully in the court procedure 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 ask the court in all instances to provide you with a lawyer free of charge. Even if you receive a refusal, you will be able to complain later about a potential violation of your rights in other national or international human rights institutions.