Lawyers: State Underpays Legal Aid While Funding Agencies With Overlapping Roles
Aldis Liepiņš of the Latvian Council of Sworn Advocates says the state undervalues the work of state-appointed lawyers while spending on agencies that partly duplicate legal aid. More than 300 lawyers have signed an open letter to the government.
Former Prime Minister Andris Kulbergs spoke of “weeding out” ministry functions, an idea that could help cut both state spending and bureaucracy. The business daily Dienas Bizness looked at agencies that devote part of their resources to legal consultations and to involvement in disputes between private parties. It cited the Consumer Rights Protection Centre (PTAC) and the State Labour Inspectorate (VDI) as examples.
Overlapping functions
According to the publication, these bodies handle civil disputes between consumers and sellers, or between employers and employees, effectively acting as a representative of one side. This partly overlaps with state-provided legal aid, which the Constitution guarantees as the right to an advocate's assistance.
Pay lower than in neighbouring countries
Aldis Liepiņš, a member of the Latvian Council of Sworn Advocates, points to a comparison based on CEPEJ data: legal aid spending per resident is 2.62 euros in Lithuania, 2.84 euros in Estonia and only 0.78 euros in Latvia. He also says a translation agency in criminal proceedings is paid almost twice as much per hour as an advocate for conducting a defence.
New rules provoke discontent
Lawyers are particularly unhappy with amendments adopted by the previous government that took effect on 1 June. Under them, advocates are no longer paid for a break in a court hearing or other procedural action within the same day. Liepiņš stresses that the advocate does not set the length of a break and cannot work on other cases during it.
More than 300 sworn advocates signed an open letter to Kulbergs and Justice Minister Edvards Smiltēns. It calls for the new procedure to be revoked and the remuneration system reviewed, taking into account time spent, case complexity and costs. The lawyers also note work, such as preparing for court debates, for which no payment is provided.
Warning about consequences
Liepiņš warns that prolonged inaction could leave no advocates willing to provide state-funded aid, endangering people's right to quality defence. The publication concludes that the new government could begin its “weeding” with the overlapping functions of PTAC and VDI.
