Both victims and survivors in criminal cases may be entitled to legal aid. Legal aid may also be granted where the nature or scope of the case, consideration for those affected or other special circumstances so warrant. Legal aid lawyers charge fixed rates set by the court in accordance with regulations.
Am I entitled to legal aid?
Legal assistance can be expensive, and hourly rates can vary from NOK 1,200 to NOK 5,000 excluding VAT, depending on the lawyer's experience and specialization.
When a legal aid lawyer is appointed, the fee is paid by the public sector. The legal aid scheme therefore helps victims and their surviving relatives. Victims and surviving relatives are not, in principle, parties to criminal proceedings, but their position is improved by the fact that they too can receive assistance from a lawyer.
The right to have such a lawyer appointed is set out in the Criminal Procedure Act. In principle, the Act only applies to cases involving criminal offenses. Therefore, only victims and survivors in criminal cases are eligible for legal aid. However, there are some exceptions to this. Among other things, victims and survivors may be appointed a legal aid lawyer where a claim for compensation is made in connection with the criminal offense.
Fees and additional expenses for the legal aid lawyer
As mentioned, legal aid attorneys have fixed fee rates to adhere to. These rates are adjusted annually.
If you have been granted legal aid by the court, the lawyer's fees and additional expenses will be paid by the state. This is stipulated by law. It is important to be aware that the lawyer cannot charge more than what is determined by the court. This applies both in criminal cases and in any compensation cases related to the criminal offense.
If you are entitled to legal aid, you are free to choose the lawyer you want. As a general rule, you should choose a lawyer who is based in your judicial district, but lawyers outside this area may also be chosen if there are special reasons for doing so.
The rules stipulating that the state shall pay the costs of legal aid apply only where the lawyer has been appointed by the public authorities. If the victim or surviving relatives have engaged a lawyer at their own expense, they will normally pay the lawyer's fees themselves.
You do not pay any co-payment
Once you have been assigned a legal aid lawyer, you will not incur any costs – the legal aid lawyer's entire fee will be paid by the state.
The legal aid scheme should not be confused with the right to free legal aid, where there is a co-payment. Free legal aid is granted in other cases and on a different basis than legal aid. For more detailed rules on free legal aid, please refer to the Legal Aid Act.
You can also find more information about both free legal aid and the legal aid scheme on the courts' websites.
The author of the article, lawyer Einar I. Lohne, is a partner at the law firm Langseth. Lohne is admitted to the Supreme Court and has conducted several hundred compensation cases for injured parties in courts throughout the country. He regularly gives lectures to lawyers and injured parties, and in 2020 he published the book Erstatningsoppgjør (Compensation Settlements) with Gyldendal publishing house. Lohne is a member of the Norwegian Bar Association's legal committee for compensation.