Taking charge of your file at legal aid.

 

You made an appointment with one of our lawyers, and assembled all of the necessary documents in order for your file to be examined.

 

The steps of taking charge of your file at legal aid

Now you must follow the taking charge of your file. This is done in several steps from the initial meeting to the end of your file.

 

1.The first meeting

During your first interview with one of our lawyers, you will explain your legal problem and give all of documents necessary to treat your application.

Following this meeting, the lawyer will determine your eligibility for free legal aid or legal aid with contribution. When the decision has been made, the lawyer will be able to take over your file.

Whether your request is accepted or not, the lawyer will give you information on the progress of your file. If necessary, he may also recommend other organizations that offer services that may interest you.

 

2.Subsequent meetings

Further meetings may be necessary in the follow-up of your file. You may need to furnish supplementary information to collect other pertinent facts, sign documents, and prepare eventual hearings and testimony.

These meetings may be held in the legal aid office, at court, or by telephone.

 

3.The end of your file

When our work on the file is finished, you can collect your original documents such as birth or marriage certificates, contracts, and other items.

If you have paid a contribution, the lawyer will give you an invoice. If you paid a higher amount than appears on the invoice, you will be reimbursed the difference.

At all times, contact your lawyer should you experience another legal problem. If he cannot respond to your request, he will recommend another legal aid lawyer of the CCJM who deals with the area of the law concerned.

 

Other elements associated with the taking charge of your file at Legal Aid

 

Recovery cost

You are currently eligible for free legal aid or with legal aid with contribution and wish to invoke a judicial process, which, if successful, will allow you to obtain an asset or monetary compensation (financial indemnity from the SAAQ or CSST or others), if you obtain the asset or monetary compensation as a result of our services, you must then reimburse the cost of the services rendered. If this asset or monetary compensation is obtained, your eligibility for legal aid will be recalculated for each year in which the services were rendered.

The services rendered in the course of the years in which you were declared ineligible will be invoiced.

 

Article 69

You are currently eligible for free legal aid or legal aid with contribution and want to invoke a court process which, if brought to term, will allow you to obtain a financial indemnity, under the law, legal aid will not pay the costs that you are able to pay with an amount that you will receive.

In this way, if a refusal notice is given, you are invited to make an agreement regarding professional fees with a private solicitor you have given a mandate to.

However, if a judgement is made against you or if your solicitor concludes that the recourse will likely fail, a retroactive legal aid request may be issued. This mandate will enable your lawyer to be paid by legal aid under certain conditions.

In order for this retroactive mandate to be issued, you must demonstrate that you are financially eligible for legal aid for each year that has passed between the date of refusal and the date of issue of the retroactive mandate.

If you are not admissible for any year, you will not benefit from the services of legal aid.

If you are admissible for certain years, you have the right to a legal aid attestation for those years. This attestation will allow for the payment of professional fees and costs disbursed during these periods.

If you are eligible with a contribution, you must pay the contribution.

 

Child’s lawyer

If a child’s lawyer is named to represent your child, the costs of services given may be requested of you. If the parents cannot prove that they are eligible for legal aid, each parent must assume 50% of the invoice.

When the service required by the minor falls under the Youth Protection Acte (R.S.Q., c. P-34.1) or the Youth Criminal Justice Act (S.C. 2002, c.1), we only count the minor’s income and liquid assets, and there is no recovery.

 

Fraud

In the case of false declarations or those made in bad faith, you will be invoiced for the services that have been rendered.