Would you like to know more about the court-appointed lawyer? This professional can be of great help to you in the context of legal proceedings. What is his role ? How to request it? How much does it cost ? Je Trouve Mon Avocat answers all your questions.
The role of a court-appointed lawyer
As with any other attorney, a court-appointed attorney is there to represent and defend you in front of a judge or court. This legal professional is also present to provide you with advice .
It intervenes specifically in the context of legal proceedings which may take place:
When does it come in?
The court-appointed lawyer can assist you in different situations:
you must be represented by a lawyer , but you have not hired one;
you have the possibility of calling upon a lawyer within the framework of your legal proceedings , but you do not know one or have not had time to appoint one.
How to request it?
If you wish to use the services of a court-appointed lawyer, it is necessary to make a request by post directly to the President of the Bar Association (elected representative of the Bar Council). The lawyer is then appointed by the latter and in certain cases, by the president of the competent court.
You can involve this professional from police custody, during the indictment, but also during the hearing.
When you apply to the President of the Bar Association, you must provide him with the following documents:
What is the cost ?
A court-appointed lawyer never works for free . As with any other lawyer, the fees are free. JeTrouveMonAvocat therefore recommends that you discuss the fees during the first appointment you have with him before signing the fee agreement.
Different remuneration systems
Remuneration is fixed and defined in advance. It covers the entire intervention of your lawyer. No overdraft can take place without your agreement when the procedure is initiated.
In past tense
Remuneration is based on the time your court-appointed lawyer spends on your case. An indicative number of hours can be set and adjusted as the procedure progresses.
To the result
This remuneration is intended to pay your court-appointed lawyer a percentage based on the result obtained, provided that it has been agreed by both parties beforehand. This method of remuneration is only possible in addition to the fee for time spent or the fixed fee.
It is a monthly or annual lump sum defined at the outset. This option allows you to call on your lawyer on a regular basis.
When you have defined the method of remuneration with your court-appointed lawyer, it is useful to set the terms of payment. He may ask you for one or more provisions and invoice you for the rest at the end of the legal proceedings.
Focus on legal aid
Know that if you do not have sufficient resources, you can apply for legal aid. Do not hesitate to request it as soon as possible. Your court-appointed lawyer can also help you complete the file.
This aid allows you to pay all or part of the lawyer’s fees depending on the size of your income and the composition of your tax household. This assistance is valid whatever your dispute and can be requested before or during the processing of your case.
for a reference taxable income less than or equal to €11,262¹ : you are entitled to 100% state aid. The lawyer you have chosen will be paid directly by the public authorities;
for a reference taxable income of between €11,263 and €13,312¹ : you are entitled to partial state aid of up to 55%. You will still have to have a fee agreement signed and pay part of the fixed amount;
for a reference taxable income between €13,313 and €16,890¹ : you are entitled to partial state aid of up to 25%. In this case you will also have to sign a fee agreement and pay part of the fixed amount.
You cannot receive legal aid if you already benefit from a legal protection contract.
A lawyer like the others
Court-appointed lawyers do not always have a good reputation. Yet their job is the same as that of any other lawyer.
You have the possibility of choosing to be assisted by this type of lawyer. Be aware, however, that the court-appointed lawyer is not automatically in charge of your case if you do not request it in advance from the President of the Bar Association. Subsequently, when a lawyer is assigned to you, you must also contact him yourself.
He will be just as committed as any other defense attorney you have chosen . He has the same mastery of law and the same skills. In addition, he is required to respect the same ethical rules. He will therefore undertake to represent you and assert your rights in the same way.
he cannot refuse an appointment unless he has a specific and justified reason. In this case, the final decision also rests with the President of the Bar Association.
You will be able to request the dismissal of your court-appointed lawyer in order to obtain the services of a colleague, if you believe that you are poorly represented. However, this decision is up to the President of the Bar Association after studying your request.