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It is difficult to hire a lawyer and this is often a condition for the legal certainty of the individual party to be adequately safeguarded.
But many cannot afford an attorney or are qualified for so-called free legal aid. This may mean that you are forced to pursue your own case, without legal assistance.
In 2017, only nine percent of the adult population met the financial conditions to receive legal assistance. There are reasons to believe that the proportion is even lower today.
– Income limit too low
The general secretary of the Bar Association is brilliant.
– We think the income limit for free legal aid is absurdly low, says Merete Smith.
ABSURDELY LOW: General Secretary Merete Smith of the Norwegian Bar Association believes the income limit for free legal aid is too low. Photo: Lise Åserud / NTB Scanpix
She believes that there is a problem of legal certainty when people have to take cases to court without the help of a lawyer.
– Legal aid is an important wellness benefit, and it’s problematic that someone doesn’t have the same access to professional help, Smith believes.
TV 2 has recounted how mother “Maria” has felt alone, without the means to pay for expensive legal hours and legal assistance.
As a single person, you should in principle have an income of less than 246,000 crowns per year and a fortune of up to 100,000 crowns to obtain free legal aid. The income of “Maria” is just above the limit of the amount that qualifies for free legal aid.
Without legal help and without the financial strength to pay for legal aid, “Maria” has experienced that her case has taken a long time to resolve.
Now the mother is determined to present her own case to obtain a verdict confirming both the residence and the visits of the daughter.
DAUGHTER IS MISSING: “Maria” was denied an application for free legal aid and therefore has no opportunities for professional assistance. Therefore, she must remain alone without assistance if she wants to take the case to court. Photo: Tor Henning Flaatten / TV 2
Law professor: – Very worrying
Law professor Magne Strandberg from the University of Bergen (UiB) also notes that legal certainty may be weakened by current practice.
– Of course, it is not good that legal certainty in practice depends on personal financial circumstances, says Strandberg.
He believes that personal finances will always have a certain meaning for a person’s legal security, but that the aim of the current legal aid scheme is that it should try to reduce the importance of personal finances and “level the gap.”
– In a child distribution case, this is even more problematic with finances than in purely financial securities cases, explains Strandberg.
The disagreement in the cases of distribution of children indicates that it must be governed by a principle; the best of the child.
– And it is very worrying if it is the financial strength of the parents that in practice controls who takes care of the child, says Strandberg.
When it is a few thousand crowns above or below the limit of 246,000 crowns, as in the “Maria” situation, Strandberg believes that the consequences and consequences will be great.
– The problem is, first of all, that there are very few people covered by the scheme. You think a solution could be to cover a proportionate share of expenses, rather than receiving or not receiving coverage.
DON’T DARE TO BE INDEPENDENT: “Maria” is afraid that she will not be able to pursue her own case without professional help. You have spent your savings on a lawyer and now you have no legal assistance. Photo: Tor Henning Flaatten / TV 2
– Difficulty representing oneself
Smith of the Norwegian Bar Association will not comment on the case to “Maria” in particular, but says generally that there are two main points that have a negative effect on a party who must represent themselves in a lawsuit.
– Law is a demanding subject, which not without reason requires long training. The other fact is that it is not easy to represent oneself in a good and objective way, especially when it comes to one’s own children, as one is often deeply emotionally involved, Smith tells TV 2.
– Do you mean that those who appear in court without a lawyer generally have a poorer starting point, and that, therefore, there is an imbalance between the parties that can affect the weakest?
– In general, you obviously have a better starting point when you ask a lawyer, Smith says..
She herself has experience as a district court judge.
NO POLICE CASE: Maria contacted the police, but they told her there was little they could do to bring her daughter back. If the father had taken the child out of the country, the police would have intervened. Photo: Tor Henning Flaatten / TV 2
– I have experienced that it is not so easy to safeguard your rights in an equally good way if you do not have a lawyer, says Smith, who has met several times with the self-prosecutors in court and has experienced that it is demanding for them because they do not know the process. .
– My experience is that they try the best they can.
– But is it still a problem of legal certainty?
– Yes. If you come across a counterpart who has an attorney, the possibility that you may not be able to present your own case in an equally good manner is pretty obvious.
– It can affect children
UiB law professor Karl Harald Søvig also believes that the limit for free legal aid is too low.
– It is a fact that finances play a role in relation to the “fight for children”, which is unfair in terms of legal certainty and can affect children, believes Søvig.
CRITICAL: Professor Karl Harald Søvig at the University of Bergen School of Law. Photo: TV 2
Therefore, he believes that there are many reasons to evaluate the schema and discuss whether to have other models.
– Current legal regulations are increasingly complex and in many situations there is a need for legal assistance. The differences will grow if only those with the best finances can afford legal aid, Søvig says.
He believes that one should consider a qualification in relation to free legal aid so that more people can receive assistance, but less is obtained the higher income you have.
– How problematic is it that finances can be decisive in a child distribution case?
– Child distribution cases are demanding, especially for children. There is a desire to achieve the lowest possible level of conflict, which may indicate that unnecessary legal procedures should be avoided. In this sense, the coverage of legal aid should not be so good as to be process-driven. At the same time, today’s challenge is at the other end of the ditch. Legal aid coverage is so low that parents may experience being left without qualified assistance, Søvig believes.
