NCJ Number
72483
Date Published
1979
Length
16 pages
Annotation
The principle of legal aid has long been accepted in France, but its application has undergone a major transformation since passage of the 1972 reform legislation.
Abstract
Until 1972, legal assistance was provided as a charitable gesture towards the poor; since 1972, it has been considered a legal right. Legal aid can be requested by any French national who has a serious cause of action and who lacks financial resources (assessed by comparison with preestablished scales). Legal aid may be available for commercial, administrative, or civil actions (penal matters are regulated by other provisions). Aid may be awarded for any kind of legal procedure (e.g., litigation, appeal, contract, or execution). The request is ordinarily presented to the legal aid office which evaluates it and makes a decision as to the appropriateness and extent of need. An appeal procedure may be chosen in case of refusal. Provisions also exist for withdrawal in case of fraud, a procedure which is fairly lengthy and may take 2 to 3 months to complete. Limitations of the new legislation include the difficulties that may arise when the matter at issue cannot be distinguished from the award of legal aid (e.g., in cases of alimony where the determination of need for legal assistance may influence the final decision of the judge). Another limitation is that legal aid is only valid for the particular instance for which it was requested and awarded. Among the benefits are the availability of a lawyer for the legal aid recipient who is relieved of paying legal fees and costs. Lawyers and other legal personnel are remunerated according to a fixed scale, depending upon the nature and importance of the work involved. Overall, the new system appears to satisfactorily protect the interests of all involved, a marked contrast with the pre-1972 situation. An English summary is provided. -- in French. (Author abstract modified)