Several criminal cases and more than one legal aid grant

A file overview precedes a cost overview

Multiple public prosecutor's office numbers, hearings and instances can belong together or relate to different legal interests. The Legal Aid Act and the applicable policy determine the possibility and extent of subsidized assistance. The number of case numbers is therefore not in itself the unit of account. Appointed assistance in a specific criminal situation may also have a different framework than a regular legal aid application. First determine which form actually applies. (Legal Aid Act)

Our analysis starts with a row per procedure: subject, instance, phase, lawyer and existing decision. Only then add costs and personal contributions. This makes it visible where a new application is missing, where work is already covered by a previous decision and where only an administrative link is unclear. A client does not have to manage the declaration rules themselves, but must be able to understand what assistance has been granted for. A general reassurance that everything is pro deo does not provide enough information.

Which includes an existing grant of legal aid

Scope concerns the activities and legal interests covered by an award of subsidized legal aid. In the case of crimes, the Legal Aid Board describes that certain follow-up advice may fall under a previous award of subsidized legal aid. For example, an advice on filing an appeal may be treated differently than the full hearing in the higher instance. An extra conversation is therefore not automatically a new subsidized procedure, but also not automatically uncovered private work. (Legal Aid Council describes in the case of crimes that certain follow-up advice may fall under a previous award of subsidized legal aid)

Ask the lawyer to clarify for each act which decision it falls under. Read the decision with case description and authority. If the procedure changes, it must be assessed whether the range still fits. A client cannot determine what is covered based solely on their own title on a folder. At the same time, a private assignment must be clearly agreed if work really falls outside the scheme. The goal is transparency before the bill, not an after-the-fact discussion about what everyone meant by the term the same thing.

Coherence is not simply the same as one award of subsidized legal aid

Coherence can play a role in the compensation framework for lawyers in cases that are related in a relevant way. This is not automatically the same question as the number of grants of subsidized legal aid or the content of a decision. A client should therefore not infer from a comment about coherence that each procedure has one contribution or that all work is done without a new decision. The applicable rules and concrete relationship between cases must be read.

Let the lawyer explain the distinction in plain words. Which applications exist, what has been granted and what significance does coherence have for the processing? A new criminal offense from a different period may raise different questions than several offenses that are dealt with together. A separate agency may also be relevant. The practical advantage of this explanation is that the client does not deduce a personal payment obligation from complicated reimbursement rules. The decision and the specific cost agreement must make your own position understandable.

A multitude of small matters does not provide an automatic outcome

The RvR policy on many matters describes its own assessment, including when bundling around underlying problems is appropriate. That is not a universal right to one or many grants of subsidized legal assistance for every pile of fines. The type of case, importance, complexity and applicable exceptions can make a difference. A client with a lot of correspondence mainly needs a substantively organized overview and a clear assessment of the possible arrangement. (RvR policy on many matters)

Ask which matters have been included in an existing application and which have not. A payment arrangement or contact with the Public Prosecution Service may have a purpose other than substantive defense at multiple hearings. Define the scope so that an attorney and client expect the same thing. A large number of letters may indicate a real problem without each document independently constituting a new subsidized procedure. The policy must be applied to the specific situation, with a recognizable motivation when an application is rejected or bundled.

Advice on appeals and distinguishing between appeals

After a ruling, the lawyer can advise whether a legal remedy is sensible and possible. The treatment before a higher authority is a next phase that can raise its own financing question. The RvR rule for crimes makes it clear that the scope and procedural authority require attention. Do not assume the general rule that an award of subsidized legal aid at first instance includes all subsequent phases without limitation or that each brief advice therefore costs a new contribution. (RvR rule for crimes)

Before the expiry of a legal remedy period, determine who will take the necessary step and how further treatment will be arranged. An ongoing financing request may not block the urgent procedural action unnoticed. Ask what application is being made, what documents are needed and what temporary cost agreement applies. The decision on subsidy and the choice of legal remedy are different questions. A client must be able to understand both, including the possibility that an application has not yet been decided while a procedural period is already running.

A confiscation case can request its own grant of subsidized legal assistance

A claim for confiscation of unlawfully obtained benefits is related to a criminal case, but has its own subject and procedure. The Legal Aid Council describes an award of subsidized legal aid in addition to the criminal case, with further rules for reach and special implementation situations. This illustrates why coherence does not automatically mean that everything falls under one decision. The concrete phase and the document received must be assessed. (Legal Aid Council describes an award of subsidized legal aid in addition to the criminal case)

Other processes, such as a civil dispute or administrative driving license question, may also have separate financing rules. Do not make it invisible under one general criminal law folder. Ask what specialization is required and whether the current lawyer handles that process. A cost overview must be clear about referral, new application and work that has already been carried out. The aim is that access to appropriate assistance does not depend on a mistaken assumption that a previously granted scheme covers without limitation any legal consequence of the same event.

A personal contribution follows from the applicable decision

The financial assessment and any personal contribution depend on the type of legal assistance and applicable rules. Some criminal situations have a different framework than a regular application. The RvR information about financial assessment and reference year helps understand the current assessment. Therefore, do not multiply a standard amount by the number of files. Ask which decision imposes a contribution and whether there is a relevant exception, adjustment or other arrangement. (RvR information about financial assessment and reference year)

If income has decreased or data is incorrect, a separate request or objection may be relevant. The in-depth discussion of the reference year change addresses that question. A change in one application is not automatically applied in the same way to every other procedure. Save decisions with date and case number and ask the lawyer which link is required. An overview also makes visible whether an invoice actually concerns the imposed personal contribution or other work for which financing should have been agreed separately. (reference year change)

A range rejection requires a different answer than an income rejection

An application can be rejected for various reasons. If work falls under a previous award of subsidized legal aid, this is a different motivation than the judgment that income or assets are too high. The response must fit the real reason. The RvR explanation about objection describes the formal route. Read the decision and legal remedies information immediately; a conversation with the lawyer or a new application does not automatically extend an objection period. (RvR explanation about objection)

Ask which previous grant of subsidized legal aid has sufficient reach according to the Council and compare the subjects and institution. If this seems incorrect, specific differences must be substantiated. Simply mentioning a new case number may not be enough. In the case of a financial rejection, other information is relevant. The goal is a targeted response rather than a general complaint that there is a lot of work. Also discuss how necessary legal assistance will continue in the meantime and what cost agreement applies. The procedural defense and subsidy discussion must be coordinated.

Fictional example: criminal case, appeal and benefit claim

A fictitious client has a criminal case, wants advice on an appeal and also receives a benefit claim. He thinks it is the same event and should therefore be one award of legal aid. That's too simple. The brief appeal advice may fall within the scope of a previous award of subsidized legal aid, while the higher treatment and the separate benefits procedure require your own assessment. The precise decisions and phases are decisive.

The lawyer makes an overview of existing decisions, required applications and any own costs. If something has not yet been decided, it will be clearly stated. The example shows that a good explanation does not have to be a complicated declaration course. The client wants to know who is handling which problem, on what financing basis and what action is required now. A clear table can make this concrete without suggesting that each additional document represents a new contribution or unlimited free help.

One financing card per procedure

Use the map to compare agreements and decisions. Ask the lawyer to complete missing information and confirm private work before execution. The card itself does not award subsidized legal aid. It does help to prevent multiple procedures from running together and the client only discovering when a rejection or bill has been received which assistance was and was not arranged.

• Procedure: subject, case number, instance, phase and next term.
• Scheme: regular grant of subsidized legal aid, designated assistance or other financing basis.
• Decision: number, date, description and actual allocated size.
• Scope: activities that fall under an existing decision and any new application.
• Coherence: relevant explanation without automatically equating this to one award of subsidized legal aid.
• Costs: imposed contribution, private appointment, insurance and undecided components.
• Follow-up: application documents, grounds for objection, responsible lawyer and deadline monitoring.