Legal Aid Lawyers on Long Cases Are to Be Paid as They Go Instead of Waiting Years, Under an Order the Justice Minister Has Signed
Court-appointed lawyers are paid only once a case is final, which in trials like BES means years without pay. The justice minister says she has signed an order allowing interim payments; its text is not yet public. Here is what is decided, and how residents apply for legal aid.
Lawyers appointed by the state to represent people who cannot afford one are to be paid in instalments during long cases, instead of waiting until the case is finally closed. Justice Minister Rita Alarcão Júdice told parliament on Wednesday 4 November that she had signed that day the portaria (a ministerial order) allowing these interim payments, Lusa reported via Notícias ao Minuto.
For residents, nothing changes in how you apply for legal aid. What the order changes is when the lawyers who take those cases get paid.
What was announced
Court-appointed lawyers, known as advogados oficiosos, are paid by the Ministry of Justice. Under rule 6 of article 25 of Portaria 10/2008, they are paid only once a case is transitado em julgado, meaning final with no appeal left, Observador reported. In very long trials that can mean years without pay.
According to Lusa, the minister said the government will allow interim payments in long cases and wants more predictable payments, with an average of 30 days between the courts confirming the work and the lawyer being paid. She also said the fee table will add acts it did not cover before.
Why now
In April, Judge Helena Susano, who presides over the BES trial, ruled the pay-at-the-end rule unconstitutional. Observador reported that two court-appointed lawyers in that trial have worked for two and four years without being paid, with hearings scheduled until at least July 2027. The Public Prosecutor's Office at the Constitutional Court has now backed the judge's view in full; the court itself has not yet ruled. Observador also reported that the lawyer appointed in March to represent former prime minister José Sócrates in the Operação Marquês trial had gone more than seven months without pay.
The Bar Association (Ordem dos Advogados) has said the change should cover every case with a court-appointed lawyer, not only the longest and most complex.
What is and is not decided
- Decided: the minister says the order is signed and that interim payments will be allowed in long cases.
- Not yet known: the order had not appeared in the Diário da República (the official gazette) when this was written, so its exact scope, what counts as a long case, how instalments are calculated and when it takes effect are not public.
- Still pending: the Constitutional Court's ruling on the existing rule.
What it means for you: how legal aid works
Legal aid (proteção jurídica) is decided by Social Security, not by the courts or the lawyers. The Bar Association appoints the lawyer and the state pays, as the Ordem's own guide explains. According to Social Security's practical guide:
- It covers a legal consultation, or court support: waiving or spreading court fees, and a lawyer appointed and paid by the state, sometimes repaid by you in instalments.
- Foreign nationals with a valid residence permit in an EU country are eligible, as are Portuguese and EU citizens. In every case you must show you cannot afford the costs, judged on your household's income, assets and regular expenses.
- You apply online through Segurança Social Direta or at any Social Security service desk, using form PJ 1. A decision is due within 30 days, and an online simulator lets you check eligibility first.
For what lawyers earn and other ways to find one, see our 30 October report on the Bar Association's earnings survey. Immigrants can also use the free legal advice rotas in 17 councils.
