A survey conducted in July by the Lisbon Regional Council (CRL) revealed widespread dissatisfaction among lawyers with the compensation for their services under Portugal’s legal aid system, known as the Sistema de Acesso ao Direito e Tribunais (SADT). The survey, which included 919 lawyers out of 17,700 registered in this regional council and 2,796 under the legal aid system, indicated that almost all respondents are unhappy with the updated fee table that came into effect in August.
The revised fee schedule is deemed “Very Insufficient” by 74% of respondents and “Insufficient” by 24%. Lawyers argue that the new rates do not cover their time, inflation, or the complexity of the cases they handle, highlighting that certain preparations and administrative work remain unpaid.
State-appointed attorneys are compensated based on the “unit of reference” (UR), a value that had not been updated for over 20 years but was adjusted in August following a review by the Ministry of Justice. The UR value increased from 26.73 euros to 28 euros.
The table specifies the number of URs to be paid to these lawyers based on the actions performed and the type of case, applicable to those appointed to defend individuals lacking financial resources for legal defense.
The survey found that 34% of respondents believe the UR value should exceed 55 euros, while 32% support a UR value between 46 and 55 euros, and 24% suggest a range between 36 and 45 euros.
Lawyers in Family and Minors and Criminal Law, sectors with a higher volume of court-appointed cases, are particularly vocal about the inadequacies of the new table, a concern already raised by the President of the Order of Lawyers, João Massano, when the ordinance was enacted.
Telmo Semião, president of the CRL, presented the survey results at a press conference, noting a comparative analysis revealed a reduction in fixed payments per case in these two areas, stating “the previous table was more appropriate in these areas.”
Branca Corrêa, who oversees legal aid at the CRL, pointed out that the new table and ordinance are causing interpretive issues in courts regarding the correct billing of fees to court-appointed lawyers, with complaints already filed at the CRL.
In more complex cases, for instance, the old table set an additional payment of 76.5 euros for each extra session beyond two initial sessions. The new table pays extra work by the hour at a rate of 22 euros, yet there is disagreement on how and when this should be calculated.
There is concern over lawyers potentially losing interest in SADT participation. Nearly half of survey respondents would not recommend their colleagues to register for legal aid, which could threaten the constitutional right to legal representation, warned CRL Vice-President Bernardo Seruca Marques.
Lawyers surveyed also expressed a desire for an annual review of the fee schedule and a reduction in payment delays, given that court-appointed defense attorneys are only compensated at the conclusion of proceedings, which can take years after the case is finalized.
