Recovering costs in legal aid cases

Legal aid is a system in which a person who fulfils certain requirements can have access to a lawyer and a 'procurador' without having to pay for their services. 

Written by Albert Perez 

Labour lawyer

More information 

What is legal aid? (Video in Spanish)

Albert Perez, Labour Lawyer

What is the right to legal aid?

The right to free legal aid, enshrined in Law 1/1996 on Free Legal Aid (Ley 1/1996 de Asistencia Jurídica Gratuita), is a fundamental pillar in the administration of justice. This right entitles individuals who meet certain specific requirements to have access to a lawyer and 'procurador' without having to pay for their services. This provision of free legal aid is essential in ensuring equal access to justice for both individuals and legal persons, including minors.

Can costs be recovered in the context of legal aid?

Yes, article 36.2 of the Law on Free Legal Aid states that when, in the decision that ends the proceedings, the legal aid recipient was ordered to pay the costs, he/she shall be obliged to pay those incurred in his defence and those of the opposing party, if within three years following the end of the proceedings he/she comes into better fortune. 

There are two ways in which the costs may be recovered in such scenarios:

• Notification to the Legal Aid Commission: The person concerned must inform the Legal Aid Commission of the beneficiary's financial improvement. The commission will carry out an investigation and determine whether legal aid is to be revoked, which would entail the obligation to pay costs, or whether the person can continue to be a beneficiary. This ensures that the recognition of the right to legal aid is tailored to the situation of the person concerned.
• Sending a statement to the Court: The person concerned can send a statement to the Court informing it of the financial improvement of the person entitled to legal aid. The Court will then decide whether or not to send the statement to the relevant commission for assessment.

This ensures that the process of awarding costs is applied in a fair and equitable manner within the framework of the administration of justice and the public service it provides.