Submission of Pre-application Information by Intended Applicants
Q1. Do I need to submit a formal application for legal aid after I have submitted the pre-application information?
A1. Yes, we will give you an appointment for making a formal application for legal aid at our office.
Q2. Do I need to submit separate pre-application information for civil and criminal legal aid if I wish to apply for both?
A2. Yes, you are required to submit separate pre-application information for civil and criminal legal aid if you wish to apply for both.
Q3. Can I apply for civil legal aid on behalf of another person?
A3. You cannot apply for legal aid for another person unless the application is made on behalf of an infant or mental patient for whom you are acting as his/her next friend or guardian ad litem in the intended court proceedings.
Q4. How are my financial resources and contribution calculated?
A5. Aided persons whose financial resources are assessed as between $55,100.01 and $440,800 are required to make a contribution on a sliding scale ranging from $1,102 to $110,200. Moreover, in cases where property or damages are successfully recovered or preserved for the aided persons in the proceedings, they are required to reimburse the Department the costs incurred on their behalf out of the property or damages recovered or preserved.
Q6. Does the Director have discretion to exempt anyone from the means test or payment of contribution?
A6. The Director does not have any discretion to exempt anyone from the means test or payment of contribution. However, for applications involving human rights related litigation, the Director may grant legal aid to an applicant who has reasonable grounds for taking proceedings, even if his/her financial resources exceed the upper limit for the Ordinary Legal Aid Scheme. Nevertheless, under the Legal Aid Ordinance, the applicant still has to pay contribution as assessed by the Director in accordance with his/her financial resources.
Q7. What is the Director's First Charge?
A7. If you instruct a private lawyer to act for you, you are liable to pay legal fees to the lawyer and any expenses incurred in the proceedings. If you are granted legal aid, the legal fees for the assigned solicitor and the costs incurred in the proceedings will be borne by the Director. If you win your case and are successful in recovering damages or preserving property in the aided proceedings, the Director has a right to recover all the costs and expenses incurred and paid on your behalf and which cannot be recovered from the losing party from such damages or property you recovered or preserved. The said right is called the Director's First Charge.
Q8. What consequences will I face if I provide false information to the Legal Aid Department?
A8. If you provide false information or conceal your asset when you apply for legal aid, you are liable to prosecution and liable to a maximum fine of $10,000 and 6 months' imprisonment.
Q9. Do I have access to my application / case status?
Q1. Can I submit counsel's fee notes through the Legal Aid Electronic Services Portal (“LAESP”)?
A1. Yes, you can. However, at present, we will only accept FN1 & FN2 for in-house civil litigation cases.
Q2. Can I submit progress reports of assigned cases in any format via LAESP?
A2. No, you can only submit your progress reports by downloading the prescribed forms from the LAESP.
Q3. How do I know if my e-Report has been successfully submitted to the Department via the LAESP?
A3. You will receive an e-mail acknowledging receipt of your e-Report.
Q4. Can I have access to the e-Reports I have previously submitted?
A4. Yes, you can check the Status and Submission History of the e-Reports you submitted online at the LAESP.
Q5. Can I seek the Department’s approval to obtain counsel's advice/expert’s report via the LAESP?
A5. Yes, please download the e-Report of "Request Form to Director of Legal Aid" and complete Part I for submission via the LAESP.
Q6. Can I seek the Department’s approval to incur unusual expenses via the LAESP?
A6. Yes, please download the e-Report of "Request Form to Director of Legal Aid" and complete Part II for submission via the LAESP.
Q7. Can I seek the Department’s approval on assignment/re-assignment of counsel via the LAESP?
A7. Yes, please download the e-Report of "Request Form to Director of Legal Aid" and complete Part IV for submission via the LAESP.
Q8. Can I seek the Department’s approval to instruct Law Costs Draftsman to prepare a bill of costs for taxation via the LAESP?
A8. Yes, please download the e-Report of "Request Form to Director of Legal Aid" and complete Part V for submission via the LAESP.
Q9. Can I request re-assignment of a legally aided case under my name to me or to another solicitor nominated by the aided person upon my change of firm or cessation of practice via the LAESP?
A9. Yes, please download the e-Report of "Request Form to Director of Legal Aid" and complete Part III for submission via the LAESP.
Q10. Can I request mass re-assignment of all the legally aided cases under my name to me when I change firm or when there is a change in the firm’s name via the LAESP?
A10. Yes. Please download and fill in the Legal Aid Panel Form No. 6 "Request for Re-assignment" together with the Legal Aid Panel Form No. 2 "Data Update Form for Solicitors" for submission via the LAESP.
Q11. Do I need to send a hard copy of the e-Report to the Department after submitting it via LAESP?
A11. No, there is no need for you to do so.
Q12. What should I do if I want to amend the contents of a submitted e-report?
A12. You need to submit the revised e-report via LAESP again. We will update the information.
