For the first time since 2010, investment in legal aid has increased. Last year, total spending by the Ministry of Justice and the Autonomous Communities with devolved powers allocated to this heading was nearly 227 million euros, compared with 223.5 million in 2013, representing an increase of 1.5 %.
This slight increase comes after four straight years of cuts in legal aid, with a cumulative total of nearly 15%, from 266.6 million euros invested in 2009 descent.
This is reflected in the Ninth Report of the Monitoring Centre for Legal Aid Lawyers Spanish-Law, prepared by the General Council of Spanish Lawyers (CGAE) and Wolters Kluwer, which also explains what may be the reasons for this shift, for example, the impact they have had court fees and increased collective entitled to this benefit.
In this regard, the report recalls that in late 2012 (effective since 2013) the government carried out the reform of the Court Fees Act, which also entailed an increase in the number of potential beneficiaries legal aid-regardless of their capital resources and a higher scales for groups such as victims of gender violence or terrorism or claims for compensation by victims of accidents with serious permanent damage.
The document, presented yesterday at the headquarters of the General Council of Spanish Lawyers, analyzes all information relating to legal aid throughout 2014, an especially turbulent year for the profession, who came out to the streets with the toga start to protest the bill reforming the current regulation of service. Although the text finally did see the light, yes they are going to incorporate some tweaks to the standard through the Civil Procedure Law (LEC), currently in the pipeline. On this issue, the president of CGAE, Carlos Carnicer, positively assessed yesterday that the reform did not succeed, but questioned some measures, such as the possibility of opening the door to other groups are trying to introduce to be “shoehorned” in the LEC they can also provide the service for legal aid, as in the case of social graduates, which categorically rejects.
Both Carnicer Destination money as the dean of the Bar Association of Málaga, Francisco Javier Lara, they reviewed the main elements of this year’s report. Addition to the total amount invested, the study shows in detail what has been allocated the money. Most of the investment went to the duty roster, with 155.4 million euros, 68.5% of total expenditure. It is also the area that has been increased cost in 2014. Within this service, criminal jurisdiction is the biggest investment of 85.7 million euros, and 55% of total duty roster. Below are civil to 46.7 million euros (30%), administrative litigation with 6 million (4%) and the social jurisdiction with 3.6 million and 2% of total expenditures in court representation.
As for the average pay of lawyers on duty, undoubtedly one of the most contentious issues, the report is around EUR 125 per case. As explained yesterday, the net figure of what they perceive average is around 2 euros per hour of work. On the other hand, the number assigned to the duty roster lawyers has experienced an upward shift in recent years. The number has grown steadily, from 36 637 lawyers who practiced this work in 2010 to the 42,728 that are recorded in 2014.
Recommendations During the presentation, Rosalina Diaz Valcarcel, president of Wolters Kluwer, said some of the recommendations made by the expert committee that integrates the Centre for legal aid, mostly made up of people outside the law, as it posed the same lawyer appointed by the court who directs a proceeding in different instances, the introduction of legal advice services in prisons or the commitment to a greater specialization in the duty roster.
The report also includes a survey of lawyers practicing the service, which Silvia Bravo, Director General Metroscopia Deputy stressed that the system continues to be positively evaluated by lawyers with a score of 5.5 out of 10, although the scales they perceive professionals remain for 97% of respondents the main problem.
Key findings law schools attended by 2014 more than 1,765,000 cases of legal aid. Citizens processed in 2014 in schools or through the courts 969 775 applications for legal assistance, 2% more than in 2013, when 951 095 files were received. The records were electronically processed 627,000, over 65% of the total. Most of the investment, 155.4 million euros, 68.5% of the total goes to court representation. The cost of service of legal assistance to detained was 43.3 million euros, 19.1% of the total. Infrastructure costs, which have been reduced by the introduction of electronic record, representing 9.1% of total investment to 20.7 million euros. The service of domestic violence receive 3.3% of the total invested 7.4 million euros. The number assigned to the duty roster lawyers has experienced an upward shift a total of 42,728 registered lawyers in 2014. The biggest rise of assigned lawyers took place in 2013, with 8.7% more professionals, while in 2014 the increase was 0.6%. Considering that December 31 schools had counted more than 137,000 practicing lawyers, one in three lawyers (31%) is attached to the service on duty, the same percentage as 2013.
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