When do you have to pay a pro bono lawyer afterwards?

Questioner

I am asking this question on behalf of a friend. She is in the middle of a divorce battle and will eventually receive 20,000 euros from the sale of the house. She has been living on benefits for a number of years and has no home. She now wants to buy a caravan, but has understood that she will now have to pay the legal costs. Is this correct? Can she also have this amount paid out as a settlement for spousal support?

Lawyer

It may be true that with that amount she will still have to pay her lawyer's hourly rate instead of the personal contribution that she probably paid earlier because she was eligible for subsidized legal aid (a contribution). For this year, the assessment of the results by the Legal Aid Board has been set at an amount of 15,670 euros. If the proceeds in the case (as here in connection with the surplus value) are higher, the contribution will be withdrawn by the Legal Aid Board and the lawyer's hourly rate will have to be paid. This cannot be accommodated in any other way, for example by having it paid out as spousal support as you indicated.

Questioner

Thanks for the quick response!! Would this obligation lapse if she were to agree to an amount of, for example, 15,000 euros?

Lawyer

Yes, that could certainly be the case because the result obtained would then be below the limit.

Lawyer

Of course, you then have to estimate whether the €5,000 lower buyout is not higher than the costs of the lawyer. Incidentally, the Legal Aid Board tests the entire Box 3 assets, including savings accounts, for example. You can also ask yourself to what extent it is correct to set up such a construction to the detriment of the state treasury.

Questioner

I totally agree, but this person has nothing else and wants a roof over her head. The only option she sees now is a (temporary) stay in a winter-proof mobile home. And then 5000 euros makes a big difference in terms of the 'quality' you can buy.

Questioner

This lady has been busy for a number of years with several agencies that all want to help her, but in practice nothing really happens!! I am also a great advocate of honesty and straightforwardness, but I also know that there are a lot of lawyers who do nothing but come up with 'smart' constructions for their clients and then it concerns completely different amounts. It is a pity that someone with a child of 7 and a monthly income of around 1000 euros ends up on the street in this way. I hope you also understand this point. But you are from the law and not a social institution. I understand that too. I keep hoping that a solution will be found for her. In any case, thanks for your response. Yours sincerely, Jan