Ministry of Justice Announces Revision of Lawyer Fee Schedule
According to a statement released today by the Ministry of Justice (MJ), the revision of the fee schedule for the Legal Aid System (SADT), which compensates appointed lawyers representing citizens who cannot afford legal fees, is “awaiting publication in the coming days” and will come into effect in the second half of the year after a transition period. The fee schedule sets payments based on reference units (UR), with each legal act corresponding to a specific number of UR.
Updated Fees and Increased Payment for Lawyers
The current UR is set at €26.73, and with the update, it will rise to €28, reflecting an increase of 4.75%. The MJ notes that the new fee schedule expands the range of activities for which lawyers and solicitors can be compensated under the SADT. This includes acts performed in alternative dispute resolution venues and in registries and notary offices.
Furthermore, the MJ emphasizes an increase in the payment for legal consultations, “aimed at valuing the initial assessment of the beneficiary’s claim and the necessity of resorting to the courts.” For appeals, the fees will only be due when the appeal is accepted, even if that occurs only after a complaint.
Concerns from Legal Professionals
During a parliamentary hearing in December, the president of the Bar Association, Fernanda de Almeida Pinheiro, expressed her concerns regarding this change. When confronted by PSD deputy Pedro Neves de Sousa, who praised the measure for countering the “temptation of endless appeals,” Pinheiro was critical. “I do not view this measure favorably. (…) If it goes forward, we will be here to combat this inequity,” she stated at the time, considering the proposal as an attempt to limit access to justice and the work of lawyers.
Details of the New Fee Structure
Under the new schedule, the fees for an appeal will range from €252 to €392, with claims that are upheld valued at €224 for appointed lawyers. For civil proceedings, a lawyer may receive €1,624 (equivalent to 58 UR), with the same amount applying to cases in the Intellectual Property Court. A criminal case is valued at €504 or €336 for local criminal court actions, while an administrative action is worth €840, and legal consultations are priced at €48.
Among the newly accepted activities, actions in peace courts and arbitration centers are valued at €280, and acts in registries and notaries will range from €140 to €420.
Implementation Timeline and Future Adjustments
The new fee schedule will apply only to appointments accepted after the new regulation comes into effect, which is anticipated to be 180 days after its publication. The adjustment of the UR amount, the review of UR assigned to each act, and the extension of legal aid to other types of actions and processes will necessitate technical changes, according to the MJ’s statement regarding the implementation of the new regulation.
This interval until the law takes effect “allows the involved parties to reconfigure the parameters of the systems that support the appointment and payment of fees for appointed lawyers,” the MJ noted. In the ministry’s statement, Secretary of State for Justice, Maria Clara Figueiredo, remarked that the MJ “adopted a fair, balanced, and integrated solution” that considers the interests of lawyers and solicitors, SADT beneficiaries, and taxpayers.
The revision of the legal aid fee schedule comes as a result of the findings from a working group established for this purpose.
