Who can be granted legal aid?

Not everyone is entitled to legal aid. The following are the most important rules:

1. Legal aid applies first and foremost to private individuals, i.e. not to associations, companies or similar institutions. In exceptional cases a business proprietor can be granted legal aid. The estate of a deceased person can in some cases be granted legal aid.
2. As a rule, if you have legal protection cover through your insurance you cannot be granted legal aid. You should in the first instance make use of your legal protection cover to pay the cost of your representative.  
3. If you have disposable gross income of more than SEK 260,000 per year you are not entitled to legal aid from the State. In simple terms, your disposable gross income is the total of your assets and your wealth minus liabilities and support commitments.
4. You will not be granted legal aid if you are receiving help from a public defence counsel or a public counsel. In these cases it is a question of a criminal case or an administrative matter.
5. A condition for being granted legal aid is that you should have at least one hour's compulsory advice consultation from an attorney or trained lawyer. You can receive up to two hours' advice under the Legal Aid Act.
6. There should be a need for legal assistance and it should be reasonable that the State pays the costs in the dispute. The assessment is made by the Legal Aid Authority or by a court (in those cases where the dispute has already reached court).

There are a number of exceptions to these rules:

1. As a rule you are not entitled to legal aid if the value of the matter/dispute is less than half a 'base amount'. A "base amount" is SEK 40.300, 2007.
2. Nor will you receive legal aid for matters which involve more straightforward registration procedures, such as an application for property deeds or a mortgage on a property or for the drafting of documents such as a tax return, a will, a prenuptial agreement, an estate inventory or a deed of gift.
3. If you do not have any insurance but in the light of your financial circumstances you ought to have insurance, you could miss the right to legal aid.
4. If the dispute is to be heard in a court of law or by a public authority in another country, legal aid is only paid if you are resident in Sweden.
5. You will not be granted legal aid if you represent yourself. Legal aid is paid for another legal representative to act for you.
6. In some cases special reasons are required if you are to be granted legal aid. This applies, for example, to divorce cases or if you are a business proprietor. Further information about what could constitute such reasons is available from the Legal Aid Authority.