Different groups of clients have different legal problems. Young people in particular have problems with lease law and contracts. For clients between the ages of 30 and 60, family law issues predominate. Older clients very often ask questions about inheritance law. Legal problems therefore change over the course of a lifetime. Legal issues also vary depending on educational and professional factors. The most recent Danish study was carried out in 2009, 30 years after the first empirical study on legal aid in Gellerupparken. This study is based on a survey of a number of different legal aid firms – both on the basis of lawyers and on the basis of lawyers (Lemann Kristiansen 2009a). The study looks at who the clients are, what their legal aid needs are, what kind of legal problems they have and what help they receive. Comparing these data with general statistics makes it possible to assess the unmet need for legal aid.
This study is described in detail below. Step 1 The purpose of legal aid is to clarify if there is a legal problem or a case. It is designed as an “A&E Legal Department” where you can find out whether or not you have a legal claim, and if so, what options you have to make your claim and (if necessary) what are the chances of receiving financial support if you want to take it to court. Legal aid is limited to oral counselling. Previously, there was a list of subjects or types of cases excluded from legal aid (criminal, tax and trade-related cases). Legal aid also depended on financial criteria. However, this basic form of legal aid now covers all citizens (regardless of income) and all legal issues (regardless of the subject). In summary, the citizen`s right to legal aid under the law is – theoretically – quite substantial.
However, as we shall see, in practice there are limits and obstacles. This leads to an unmet need for legal aid, as we also know from legal aid research. Some of these measures are part of the welfare state. To some extent, legal aid is perceived as a public task. The authorities are supposed to help citizens become aware of their legal situation and are supposed to help citizens in matters falling within the administrative system, so no further legal aid is needed. As we will see below, there is indeed a need for legal aid to complement the assistance of the authorities – in both areas. Since the 2007 reform, the number of cases in which free legal aid is granted has decreased considerably. Between 2010 and 2015, the number of cases in which the courts granted free legal aid decreased by 60%.8 For decisions of the Ministry of Legal Aid/Department of Civil Affairs, the number of applications for free legal aid decreased by 26%. In about 30% of cases, free legal aid is provided.9 More than 7,000 people contact us every year, making us the second largest free legal aid office in Denmark. The results of this Danish study are very similar to those of studies on legal aid in other countries. Jon Johnsen (1987) conducted a historical, empirical and legal study in the field of legal aid, in which he also summarized existing studies on legal aid.
By compiling a Danish study and three Norwegian studies, he created a very comprehensive basis for his research. These studies concluded that there was an unmet need for legal aid: the study showed that 60% of households included in the various studies had an unmet need for legal aid. It was also found that people from lower social classes were more dependent on legal aid than those who were better off. The provision of and access to pre-litigation or non-procedural legal aid has changed over the years. Legal aid for government-funded lawyers is virtually non-existent for the vast majority of citizens. A key factor is that lawyers do not find legal aid cost-effective. But other factors also play a role. Law firms have changed in their organization and the areas of law they focus on have also changed. Businesses have moved to big cities, largely because of a reform of the justice system that has led to fewer courts. Lawyers focus primarily on and specialize in areas of business law, and their clients are primarily corporate and commercial firms. This means that they are no longer interested in citizens` day-to-day legal problems.
Legislation on free legal aid in legal proceedings is described below. The 2007 reform of the civil courts led to a change in the need for legal aid and a remarkable reduction in legal aid costs. The objective of the reform was to ensure better access to justice; Its cornerstone is the introduction of small claims procedures in which citizens represent themselves. However, this new form of judicial procedure has led to new inequalities in access to justice. Not all citizens are able to determine for themselves whether they really have “a case,” or download the right forms, fill them out, decide what evidence to present to the court, and finally hear the case. This created a new need for legal aid – but was not met. Since the 2007 reform, the number of cases in which free legal aid is granted for litigation has decreased considerably. As will be seen below, public expenditure on legal aid provided by lawyers in the preliminary proceedings (stages 2 and 3 of legal aid) has decreased considerably. It`s a fair assumption that there has been a similar decline in its use, but there is no data on that. Surveys conducted by the Lawyers` Association showed that only 18 per cent of lawyers provided legal aid as part of their daily work (of which 12 per cent were obliged to do so as part of their work as public defenders); 50% have never sought advice in accordance with this regulation (Danske Advokater and Advokatsamfundet 2011; Advokatsamfundet 2011).
Aarhus Retshjælp has three managers who oversee the legal advisors; they are Charlotte Nybro and Dorte Kristiansen. Aarhus Retshjælp also employs Heidi Simonsen, Janni-Birgitte Sørensen and a part-time secretary. It is also well known that there is a significant unmet need for legal aid. The unmet need is reflected in the growing number of people turning to legal advice centres. The annual reports of legal aid offices show that the number of people applying for legal aid has increased significantly (Københavns Retshjælp 2010, 2011; Århus Retshjælp 2010, 2011, 2012; Gellerupparkens Retshjælp 2011; Silkeborg Retshjælp 2011). For example, the number of people contacting Århus Retshjælp increased by 59% between 2008 and 2011 (Århus retshjælp 2012). The two largest private legal aid offices in Denmark provided legal aid to 18,000 people in 2011.4 The public legal aid scheme is described in detail in administrative rules that distinguish between different levels of legal aid – the so-called steps.3 In summary, this study notes that there is a widespread need for legal aid. that legal aid clients come from a very large part of the population and that legal aid makes a difference.
In short, it is well established in the research that there is still a need for legal aid. As mentioned above, free legal aid in the form of litigation is granted either by the Court of Justice or by the Ministry of Civil Affairs (by delegation of the judicial authority). As mentioned earlier, there is a strong tradition of legal aid and voluntary legal aid in Denmark. This has led to the establishment of various types of legal aid offices. Two types of legal aid offices are relevant to legal aid legislation: law firms (Advokatvagter) and private legal aid firms (retshjælpskontorer). Both complement lawyers` legal aid. The Ministry of Justice is responsible for the administration of legal aid. The reason for contacting the legal aid office depends on the type of legal aid office involved. In private legal aid firms, rental law issues predominate (25%); The issues of family law (18%) and contract law (16%) are also highly controversial. In legal litigation consulting firms, clients typically ask questions about tort law, tax law, crime law, and debt issues.
Many clients also learn about inheritance law and estate administration issues. Legal advice centres (advokatvagter) and private legal aid offices (retshjælpskontorer) can apply for a grant once a year.