Can a lawyer request legal aid at a later date?


Questioner

I got divorced 3 years ago and went to a law firm last year for child support and the division of our house. These were supposed to be 2 different cases and 2 different lawyers. The lawyer who did the house applied for a supplement and pointed out to me that I might have to pay it back if a certain amount of equity became available. The alimony lawyer did not do this because he was convinced that the supplement would be withdrawn anyway because of the equity in the house. The alimony case is now finished and I am not at all satisfied with the services of this law firm. So I have now switched to another lawyer for the house. My question now is, do I still have to pay the alimony lawyer? Can he still apply for a supplement? After all, I still do not have that equity from the house.

Lawyer

In general, a lawyer in the Netherlands can apply for legal aid for a client who does not have sufficient income and assets to pay the legal fees. However, if equity is released from a home during the case, this can affect the legal aid. If the equity is high enough, this can lead to the withdrawal of the legal aid, which means that the client has to pay the legal fees themselves. In your case, it appears that the lawyer responsible for the maintenance case did not apply for legal aid because he thought that the allowance would be withdrawn anyway due to the equity in the house. Whether the lawyer would indeed have been able to obtain legal aid if he had applied for it depends on the specific circumstances of your case. It may be that the equity in the house is not high enough to withdraw the allowance, or that there are other factors that influence the decision of the Legal Aid Board to grant legal aid or not. If you have now hired another attorney to handle the home case, it is important to consult with that attorney about the potential implications of the equity on the addition. The new attorney can advise you on the best way to handle this and can assess the situation based on the specific facts of your case. Regarding your dissatisfaction with the services of the law firm, it is advisable to discuss this with the lawyer or the firm itself. If you cannot reach an agreement, you may consider filing a complaint with the Dutch Bar Association. They can advise you on the further steps you can take.

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