If you need legal assistance, you have the right to hire a lawyer of your choice at any point during the trial. You have a right to free legal aid only if you can't afford it and if the court process would be unjust without a lawyer’s help.
Right to a lawyer
You have a right to hire a lawyer at any stage of civil proceedings. This means that your lawyer can represent you at all court hearings and submit all the documents that you, as a party to the case, are required to submit.
In some civil cases you are obliged to be represented by an attorney at law (disputes in area of bankruptcy and restructuring, the protection of competition, the protection of intellectual property, and others).
State-paid lawyer
Human rights demand that the state must provide you with a free lawyer if:
- you cannot afford to hire one and
- if a fair hearing cannot be otherwise guaranteed
This is to ensure that you are not put in a worse situation than your opponent and that you can participate in the proceedings meaningfully.
example You will be entitled to a lawyer if your case is so complex that without the help of a lawyer you cannot meaningfully participate in the trial and understand what is happening in your case.
Center for Legal Aid
In Slovakia, the Center for Legal Aid has been established as a state agency entrusted with the role to provide legal aid free of charge or as partially paid service. Legal service is provided by employees of the Center or by attorney at law appointed by the Center.
You can receive free legal aid if:
- you satisfy condition prescribed by law to be considered as a person of material need
- there is no apparent failure of the dispute on your side
- the value of the dispute exceeds a value of the minimum wage in case of monetary substance of the dispute, unless it is not possible to quantify the value of the dispute in money
If you not qualify for free of charge legal service, you may qualify for service with reduced legal fees.
Detailed conditions of free of charge or partial paid legal aid are listed in the Act on Legal Aid for People in Material Need.
How to apply for legal aid
To get a state-paid lawyer, you must file a request for legal aid to the Center for Legal Aid. You must file the request in a timely manner and provide full and truthful information about yourself and your situation.
How to complain
If you are not entitled to a lawyer under national law, but you cannot participate meaningfully in the court procedure without a lawyer, your right to a fair trial may be violated.
If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, you should still ask the court in all instances to provide you with a lawyer free of charge. Even if you receive a refusal, you will be able to complain later about a potential violation of your rights to the Constitutional Court of the Slovak Republic or in other national or international human rights institutions.