Need a Lawyer but Can’t Afford One? Here’s What to Do

Are you facing legal problems that require a lawyer’s assistance but can’t afford the help you need? The current socio-economic state of South Africa dictates that 55.5% of people are living in poverty and that South Africa is one of the most unequal countries in the world. It’s a harsh reality that the majority of South Africans are unable to afford legal assistance. The purpose of this article is to outline the options available to the broader public when they desperately need a lawyer but simply cannot afford one.

The Importance of Having a Lawyer

Many people are unaware of the rights afforded to them by law and may not fully grasp the complexity of those rights or how they apply in everyday life. Therefore, having the assistance of a lawyer will provide the following advantages:

• A lawyer will explain to you the rights and entitlements you have in a specific legal situation.
• A lawyer will advise you regarding what your next step should be in a specific legal situation.
• A lawyer will be able to advise what you should refrain from doing in a situation in order to protect your rights.

The following options are available to those who cannot afford a lawyer:

Free Legal Services:

Firstly, you can approach Legal Aid South Africa and ask for assistance with your legal problem. If you do meet the criteria, which has been set by Legal Aid, they will appoint a lawyer to represent you free of charge. The criteria are as follows:

• If you are employed, you must earn less than R8,700 per month after tax has been taken off.
• If you live with other people for more than four nights per week, and these other people share in the cost of food and other costs, then Legal Aid will look at your total household income.
• Legal aid will be provided to households that earn less than R9,500 per month. Legal aid will look at the amount that the household receives after tax has been taken off.
• If you or your household:
• Own a house, then the total value of the house and all your belongings must not be worth more than R754,400. You must also only have one house and you must live in it.
• If you do not own a house, then the total value of all your belongings (for example, your car, furniture, clothes, and other personal things) must not be worth more than R160,800.

Secondly, you can also approach ProBono.Org for legal assistance free of charge subject to certain qualifying criteria. The criteria are as follows:

• If an applicant for legal assistance is unemployed and has no income or assets or receives a state grant or old age pension and has no assets, they automatically qualify for assistance and no further enquiry needs to take place.
• Where an applicant has a net monthly income of R5,500 or less after deductions, they will qualify. However, if such an applicant owns an immovable property with a higher value than R300,000 they will not qualify.
• If the applicant is a member of a household, and the household has a net monthly income of R6,000 or less after deductions, they will qualify. However, if such an applicant owns an immovable property with a value higher than R300,000, they will not qualify.

Lastly, most law firms also offer legal services on a pro-bono basis. Contact them directly for their criteria.

In conclusion, experiencing financial constraints should not be a barrier to consult a lawyer.

Reference List:

• Poverty & Equity Brief (April 2020) Global POVEQ ZAF (Accessed: 17/09/2024)
• Legal Aid How It Works (Accessed: 17/09/2024)
• Pro Bono Means Test (Accessed: 17/09/2024)

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.