You have the right to freely choose and hire a lawyer to represent you in administrative proceedings. You also have a right to free legal aid if you cannot afford it and without a lawyer, the process would be unjust.
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
The state must guarantee your right to a fair trial. Therefore, the state should provide you with a lawyer only if:
- you cannot afford one, and
- if a fair hearing cannot be ensured without legal aid
In such cases, human rights dictate that you should be given a free lawyer to ensure that you are not placed in a worse situation than your opponent and that you can effectively defend yourself. Otherwise this could result in a violation of your right to a fair trial.
example You will be entitled to a lawyer if you cannot afford it and your case is so complex that you cannot meaningfully participate in the trial without the help of a lawyer and understand what is happening in your case.
Lithuanian law
In Lithuania, you can only receive free legal aid if you need it to ensure your meaningful participation in the proceedings, and provided:
- you are the citizen or resident of the Republic of Lithuania or other European Union state
- your property and annual income do not exceed the levels established by the Government
Depending on your financial situation, you might get a completely free or 50% free legal aid.
In some circumstances you are entitled to free legal aid despite your financial situation. For instance, if you are a person with a disability, or if you are on full support from the state or local government, i.e a minor placed in an orphanage, or a person in a prison.
To get a state-paid lawyer, you must file a request to the State Guaranteed Legal Aid Office in a timely manner and provide necessary documents and information about your situation. All the necessary documents are listed in the Law on State Guaranteed Legal Aid.
However, if you did not get a State-paid lawyer, it does not mean that your rights have been violated.
important In most cases the lack of free legal aid should be balanced by the court’s obligation to investigate the case independently. However, if the court fails to fulfil that function properly and you could not meaningfully participate in the trial because you could not afford a lawyer, your rights may have been violated.
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.