When are you entitled to a pro-deo lawyer?

Start with the arrangement that suits your situation

Pro deo is the common name for legal aid for which the government provides compensation. In the case of a regular addition, the Legal Aid Board will assess the application. In addition, there are criminal situations in which assistance is assigned or arranged via the picket service. Those routes do not have the same financial conditions.

During the first contact, tell us whether you have been arrested, released, have been invited for questioning or have already received a summons. Also state whether a lawyer was previously involved. This way you prevent a general income check from being wrongly treated as an answer to your entire request for help.

The request for legal assistance is also assessed

A regular application is not just about money. The Council also assesses whether the problem falls under subsidized legal aid and whether assistance from a lawyer is appropriate. A financial calculation is therefore not a promise that an addition will follow for every individual question or procedure.

Take the received letter with you and specify what you need help with: preparation for an interrogation, defense at the hearing or a separate legal remedy. Ask what activities are covered by the application. An application for the criminal case does not automatically cover any other legal dispute that arises alongside it.

Which financial data is relevant?

Fiscal data are used for the regular assessment. If you apply in 2026, the normal reference year is 2024. So it is not simply about the amount that comes into your account this month. Your current household situation can determine whether data from your partner should also be included.

The regular income limit for an application in 2026 is €35,400 fiscal annual income for a single person and €50,000 for married couples, cohabiting couples and single-parent families. The data from 2024 is used. The box 3 asset limit for that reference year is € 36,952 per person. These are subsidy limits, not a guarantee of allocation. A different assessment may apply to assigned criminal assistance and reference year change; use current Council standards for that specific route.

Have doubts about cohabitation, business income, foreign income or missing tax information discussed immediately. Do not provide your own rounded estimate as if it were a final tax assessment. Note where an amount comes from and what year it concerns; this makes it easier to respond to a request for further information.

When do different financial conditions apply?

For certain criminal assignments, no regular income and assets test is carried out and no personal contribution is imposed. The precise basis is important. Detention without income or assets may also give rise to a special assessment, for which additional conditions and explanations may apply.

Ask the lawyer which decision is being requested in your file and why. Save that decision. The words free lawyer in an advertisement do not make it clear whether this refers only to the initial assistance at the office or also to the subsequent defense. Read more about that first phase at the picket lawyer.

Your income has now decreased

A loss of work or assignments may mean that old tax data poorly reflects your current situation. Changes in the reference year may then be relevant. For 2026, the Council mentions a request period of six weeks after the first decision. The conditions differ between a financial rejection and an granted addition with personal contribution.

Therefore, do not wait until an invoice remains unpaid. Compare the decision with recent income documents and ask which procedure is appropriate: correct data, request a reference year change or object. Those are different actions. Simply saying that you have started earning less does not change the existing decision.

An addition does not always mean zero costs

With regular subsidized legal assistance, a personal contribution may remain. In addition, ask about any other costs and the conditions for follow-up procedures. Let the lawyer distinguish between his own fee, an imposed personal contribution and expenses to third parties.

With certain assigned criminal assistance, costs may be recovered after an irrevocable conviction if a person appears to have sufficient means. A free start is therefore not a definitive guarantee in every situation. Ask for an explanation of this option when the order is confirmed.

Make the request auditable

The lawyer usually arranges the addition application for the work he will perform. You help by fully describing the case and the financial situation. Ask when the application will be submitted, who will request missing documents and how you will receive a decision. Also keep the order confirmation.

An application file does not have to be an unsorted collection of private data. Use a brief overview with the relevant letter, your contact details and the requested financial supporting documents. Send sensitive data via the agreed secure route. A complete copy of all your bank statements is not automatically required for a first contact.

• Have the hearing invitation, summons and prosecutor's office number ready.
• Report arrest, detention and previously provided legal assistance.
• Ask which scheme and application the lawyer uses.
• Collect the specifically requested income and asset documents.
• Save the decision and check amounts, data and terms.

What do you do if the application is rejected?

Read the reason first. A substantive rejection requires a different response than a rejection due to capacity or missing information. Put the date of receipt and the stated response period in your calendar. Let the lawyer explain or supplement whether an objection or other financing arrangement is appropriate.

Discuss at the same time which criminal law appointment is already planned. A discussion about financing does not automatically postpone a hearing or hearing. Agree who will monitor the ongoing procedure and what work will or will not yet be carried out. This prevents uncertainty about payment from leading to a missed process step.