I am often asked about the mechanics of legal aid and the criterion for qualification for legal aid. Legal aid is not restricted to community legal clinics. Many lawyers/law firms in private practise also offer their services to clients that qualify for legal aid.
Legal Aid Ontario is an agency that receives funding from the provincial government to provide legal services to people with low incomes. Legal aid has two main components:
- The community legal clinic system; and
- The legal aid certificate program.
Community legal clinics are staffed by lawyers, community legal workers and sometimes law students. Legal clinics provide representation and advice on various kinds of legal issues. To receive services from a clinic, you must live in the area it serves. Some clinics also provide brief advice, or "summary advice", without asking about your financial situation.
If you want a private lawyer but cannot afford one, you may be able to get a legal aid certificate from legal aid. Most certificates pay your lawyer's fees and expenses, but some pay only expenses. You can get a certificate for some type of legal problems, but not all.
Legal Aid is available to low income individuals and disadvantaged communities for a variety of legal problems, including criminal matters, family disputes, immigration and refugee hearings and poverty law issues such as landlord/tenant disputes, disability support and family benefits payments.
Legal aid offers different kinds of services, depending on the client's needs. Legal aid is available through the certificate program, which entitles clients to receive advice and representation by private lawyers or by legal aid staff lawyers. To apply for a legal aid certificate, you must attend in person at a local legal aid office If you are eligible for legal aid, you can get a legal aid certificate that you can take to the lawyer of your choice. As stated above, legal assistance is also available through the community legal clinic program.
Every Ontario resident who needs legal assistance can apply. Eligibility for legal aid certificates is based on financial need and the type of case. The applicant may pay nothing or a portion of the cost of legal aid, depending on their financial situation.
When you go to a legal aid office to apply for legal aid certificate you should take as much information as possible including:
- Court papers, if you have been served with any
- Identification documents
- Proof of your current income i.e. 3-4 recent pay stubs, income tax return or notice of assessment for previous year; welfare statement of income or employment insurance statements
- Up-to-date bank books
- Proof of monthly expenses and bills (rent receipt or mortgage payment, hydro, gas, car payments receipts, credit card statements, car insurance bill)
- Deed for your house
- Proof of any unusual expenses such as medical costs.
If legal aid decides that you have enough money to pay a lawyer yourself, you will not be given a certificate. If you get a certificate, you may be required to sign a payment agreement. This means that you agree to pay legal aid back for some or all of your legal fees and expenses.
Take your legal aid certificate to a lawyer who accepts certificates.
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