Public authorities and fines
Free lawyer and legal advice from the state: what to do under Georgian law
Who can get free legal advice and a state-funded lawyer in Georgia, which conditions apply to representation in civil and administrative cases, and how to apply or appeal a refusal.
What to do
- Everyone: legal consultation is free for everyone, on any issue (Law on Legal Aid, Art. 2), at any consultation centre, regardless of place of residence and property (Law on Legal Aid, Art. 17).
- Lawyer in a civil or administrative case: representation in civil and administrative cases is provided only if the person is financially unable to pay AND the case is significant and complex (Law on Legal Aid, Art. 5); a financially unable person is a family member listed in the database of socially vulnerable persons with a score below the threshold set by the government (Law on Legal Aid, Art. 2); for a financially unable person, documents are prepared on any issue, without assessing the complexity of the case (Law on Legal Aid, Art. 5).
- Not in the database, or refused because of the database: check the alternative routes. The Director of the Legal Aid Service may help even a person who is not in the database (Law on Legal Aid, Art. 5); special regime for minors: free of charge, without an income check (Law on Legal Aid, Art. 4¹); persons with disabilities: a lawyer in civil, administrative and criminal cases (Law on Legal Aid, Art. 4³); victim of domestic violence in a case concerning a protection order: regardless of income (Law on Legal Aid, Art. 5); the recipient may be a foreigner or a stateless person who meets the criteria (Law on Legal Aid, Art. 2).
- Procedure: application by the person (or their representative) or a reasoned court ruling (Law on Legal Aid, Art. 21); decision to appoint a lawyer within 2 working days (Law on Legal Aid, Art. 21); a refusal must be reasoned and can be appealed to the Director of the Legal Aid Service, and then to court (Law on Legal Aid, Art. 21).
- Money and limits: if you win, the costs of the aid are recovered from the losing party in favour of the Legal Aid Service (Law on Legal Aid, Art. 7); if false information about financial inability was provided, the aid must be reimbursed (Law on Legal Aid, Art. 7); criminal defence is a separate regime (the cases set out in the law, and a financially unable accused) (Law on Legal Aid, Art. 5).
- Terms: types of aid are drafting documents, criminal defence, and representation in court and before an administrative body (Law on Legal Aid, Art. 3).
- Where to apply: Legal Aid Service: consultation centres and bureaus; a refusal is appealed to the Director, and then to court.
- Evidence: ID, family data in the database of socially vulnerable persons, case documents, certificate of disability or of victim status.
- Traps: “no money” does not mean financial inability; you need the status in the database or a decision by the Director. Consultation is free for everyone; representation is not.
Be sure to check
- free consultation is available to everyone at any consultation centre
- conditions for representation in civil and administrative cases (financial inability, plus significance and complexity of the case)
- who is considered financially unable (database of socially vulnerable persons) and the exception by decision of the Director
- categories with a special regime (minors, persons with disabilities, victims of violence)
- application procedure, decision within 2 working days, and appeal of a refusal