There are times when you may need a lawyer but may feel deterred because you feel the costs may be high. At IRB Law we try to retain fees that are widely affordable to everyone and we do offer options for clients to pay in installments where necessary.
If you really can’t afford the fees, but you really need it, then Institutions like the Legal Aid Bureau in Singapore will work with you, if you qualify for it, and handle your matter at an affordable price.
How do I qualify for legal aid?
To qualify for it, you need to be either a Permanent Resident (PR) or a citizen of Singapore. You must also pass both the Means and Merits Tests, which determine your eligibility for legal aid.
What is the Means Test?
The Means Test makes sure that you qualify for legal aid under specific financial benchmarks. It requires that your disposable income is not more than $10,000.00 a year, and your disposable capital is not worth more than $10,000.00.
The Legal Aid Bureau in Singapore will calculate your disposable income by scrutinising your income over the last 12 months and after certain deductions have been made.
These deductions include your CPF payment, rent (no more than S$20,000.00 per year), and a further S$6,000.00 for yourself and each of your dependents.
What is Your disposable capital is the property you own or are entitled to possess, NOT including:
- Your clothing;
- Monies in your CPF account;
- Items you use for work;
- Savings of up to S$60,000.00 if you are at least 60 years old
- An HDB flat owned and solely used by your family as your home, or a home used exclusively by you and your family that has an IRAS assessed value of at most S$13,000.00 per year; and
- Life insurance has a surrender value of not more than S$46,000.00.
In exceptional cases, if you don’t meet the requirements of the test but are still facing financial difficulty, the Legal Aid Bureau may give you additional deductions based on their discretion. Some examples include deducting your spouse’s income from your own (if you are living separate and apart from him), or deducting a part of your income/capital if your income has suddenly dropped by a great amount, and you need immediate legal aid.
What about the Merits Test?
To pass the Merits Test, you have to show the Legal Aid Bureau that there is a good enough reason to initiate, continue, or defend against court action.
What happens if I qualify for it?
After passing both tests, you will be assigned a Legal Aid Bureau lawyer, who will work through all the documentation with you, and represent you in Court. He will let you know when any important events occur, and inform you of what you need to do throughout the case. In this way, legal aid in Singapore ensures you have the necessary support in your legal journey.
What type of cases are covered by the Legal Aid Bureau?
It will help you resolve civil, but not criminal matters. Civil matters include divorce, custody, adoption, probate, and tenancy disputes in Singapore.
The LAB will not handle certain civil matters, such as:
- Family Court cases where the opposite party is not represented by a lawyer
- Defamation cases
- Proceedings under the Tribunal for the Maintenance of Parents
- Proceedings under the Small Claims Tribunal
What is the difference between legal and pro bono aid?
For civil cases, pro bono aid is entirely free. However, legal aid is not entirely free, but the lawyer representing you will provide you with Court representation at a more affordable price.
For criminal cases, you cannot get help from the Legal Aid Bureau. However, the Criminal Legal Aid Scheme (managed by the Law Society of Singapore) can provide pro bono representation. Various legal clinics also provide pro bono consultation as well.
How much do I have to pay for it?
It depends. The legal fees charged will be based on your financial means, the complexity of the case, and the total amount of work done. According to the Legal Aid Bureau, the total amount usually isn’t more than S$1,000, but it can exceed that in some cases. If you cannot pay the whole amount, the LAB will allow you to pay in installments, making legal aid in Singapore more accessible.
What happens if I lose the case? Can I still appeal with legal aid?
Yes, you can, but the LAB necessitates that you be prompt with bringing them your documentation. This ensures that the Legal Aid Bureau can provide the necessary support during the appeals process.
Can I get any lawyer I want?
You will receive the lawyer the LAB assigns you. Trust that legal aid professionals are dedicated to helping individuals like yourself navigate the legal system.
Is there an age limit for obtaining legal aid?
Your parent or guardian must apply for legal aid on your behalf if you are under the age of 21. This ensures that minors have a legal representative in their corner when facing the complexities of a legal case.
How we can help
Here at I.R.B. Law, we understand that our services might not be within your budget. However, if you have any questions, however, or find yourself unable/unwilling to pursue your claim through legal aid, don’t hesitate to contact us, as our first consultation is typically free.