The City Court of Copenhagen
Denmark has a long history of making it possible for its citizens to solve their disputes in court. A broad spectrum of offers is available, ranging from non-binding guidance provided anonymously to actual representation in court.
1. Free legal aid
Private legal aid institutions have been set up in a number of Denmark's larger towns and cities where people can receive free legal assistance. Such institutions can be found in Copenhagen, Odense, Esbjerg, Aarhus and other locations. Legal aid is typically provided verbally in the form of advice given to people who go to their local legal aid institution. Also, limited written case administration services are available to a certain extent, e.g. a protest against termination of employment or a lease, help in complaining about a rent increase or a rent deposit refund, or preparation of a written complaint to public authorities.
Most legal aid institutions will require applicants to meet the same financial eligibility requirements as applicants for full legal representation (see item 6 below).
There are no fixed rules with respect to the matters in which the different legal aid institutions will provide free advice. As a starting point, you are eligible for free legal aid in all matters pertaining to your private life. Legal aid is not normally granted to business owners or in matters pertaining to the sale or purchase of real property, nor is free legal aid normally granted for the purpose of filling in documents such as wills, cohabitation contracts or prenuptial agreements. In such situations, you should go to a lawyer, who will provide assistance for the usual fee.
2. Legal aid provided by a law centre (advokatvagt)
There are more than one hundred law centres in Denmark, i.e. most of the larger towns and cities have one. The court can tell you where there is a law centre, and there are a number of Web sites that offer that information as well.
At law centres, legal advice is provided by practicing lawyers who will give you answers to specific questions. Normally, you are not told what the lawyer's name is, but, on the other hand, you can also have your questions answered without having to give anyone your name. The law centres will provide free advice to anyone, regardless of income, but you have to actually go to a centre to get advice.
There are no special limitations or restrictions as to the type of case or question you can obtain advice on from a law centre. What the great majority of people ask about are legal problems arising from everyday occurrences. Law centres give only verbal advice: they do not help people write complaints or fill out applications for full representation, nor do they help write documents such as leases. If you have a problem that is clear-cut and straightforward, the law centre lawyer will be able to advise you on whether it is worth the time and money for you to proceed with your case.
3. Legal aid from a specific lawyer
The great majority of lawyers provide free legal aid directly. The Web site of your local district court will have a list of lawyers who provide this service. You make an appointment with the lawyer you select, and the lawyer will typically meet with you at his or her office to advise you.
To qualify for this type of legal aid, you must fulfil the same financial requirements as people who are eligible for full representation (see item 6 below).
There are three types of legal assistance provided in this setting: Level 1 assistance, which is legal advice provided verbally only; Level 2 assistance, which includes advice in addition to ordinary basic legal advice; and Level 3 assistance, which is assistance in connection with settlement negotiations. You pay DKK 210 (VAT included) for Level 2 assistance and DKK 950 (VAT included) for Level 3 assistance. In this kind of situation, the government will pay a subsidy of DKK 672 excluding VAT for Level 2 assistance and a total of DKK 2208 excluding VAT for Level 3 assistance.
This kind of legal aid is not available in criminal cases, in cases concerning the circumstances of active business owners, in debt restructuring or debt relief cases, or in cases before an administrative authority or a complaints board.
4. Full representation
If you are eligible to receive full legal representation and costs ("full representation") free of charge, then you will be assigned a lawyer whose fee will be paid by the government. If you lose the case, then the government will also pay the case costs of the other party. Before you can be granted full representation, there has to be a reasonable expectation that you can win the case. In cases dealing with termination of joint custody or other child custody cases, divorce cases, separation cases or other marital cases, the court may grant full representation. This may also happen if a number of different complaints boards have found in your favour and then the case goes to court. In all other civil cases, it is the Civil Affairs Agency (Civilstyrelsen) that grants full representation, on the condition that the case has merit, i.e. it must have a certain importance and there is a fair chance that the court will rule in your favour. In rare exceptions, full representation may be granted in cases to do with commercial or business matters, or in slander or libel cases. If the Civil Affairs Agency rejects your application for full representation, then the decision can be appealed to the Appeals Permission Board (Procesbevillingsnævnet). If you are granted full representation, then you must report it to your insurance company if you have legal expenses insurance. If you do have such insurance coverage, then the insurance company must pay your expenses for legal counsel, etc.
5. Legal expenses insurance
The great majority of people in Denmark are covered by a household insurance policy that includes home contents insurance, etc. These policies typically also include legal expenses insurance, which means that, within certain financial limits, the insurance company will pay legal costs. These limits are costs up to about DKK 100,000. Legal expenses insurance covers legal proceedings that may arise in one's private life. However, it does not cover business-related disputes, tax cases, marital cases, cases about division of property, probate cases, slander or libel cases, criminal cases, or debt collection cases which do not involve a dispute over the size or validity of the claim.
Normally, your lawyer will contact your insurance company to confirm that your case is covered by your legal expenses insurance. If you have such coverage, it means you do not pay lawyer fees – other than the deductible specified in your policy – or any amount in excess of the maximum coverage that you are ordered by the court to pay to the other party if you lose the case. However, legal expenses insurance means that you do have to pay a deductible of ten per cent of the costs, with a minimum of DKK 2500. If you win the case, you do not have to pay the deductible.
6. Income criteria
The income criteria that apply to persons eligible to receive legal aid and full representation are specified in an executive order in terms of current income limits. In 2007, the maximum annual income for a single person eligible to receive legal aid is DKK 248,000. If you cohabit with or are married to another person, the household income limit is DKK 315,000. To these amounts can be added DKK 43,000 for each child under 18 years of age still living at home.
7. Legal aid through trade unions, etc.
In addition to the more general legal aid schemes, a number of trade unions also take certain employment-related cases to court for their members. Various radio programmes also offer more general information on legal rights and obligations, and you can ask them questions, typically questions that have more to do with social welfare law.
8. Small claims procedure
A new type of legal proceeding called a "small claims procedure" will be introduced on 1 January 2008. These rules will apply to many different kinds of cases, but only cases involving less than DKK 50,000. Under these new rules, the court will help both parties conduct their case, also to a certain extent with assistance in formulating claims, pleadings and allegations and formulating questions to ask experts. If the case is legally or factually complicated, than the court will refer the case to normal proceedings.
9. Guidance provided by the judge
Finally, there is a provision in the Danish Administration of Justice Act about guidance provided to parties that go before a district court without being represented by a lawyer. According to these rules, the judge may ask questions for clarification purposes if a party's claim or statements about the case are incomplete. The judge may also request that a party state his/her position on factual or legal issues. In addition, the judge can request that a party produce documents or evidence or bring in expert witnesses. The judge also provides guidance to the party on what should be done to explain the case and on how the party's interests can be safeguarded otherwise during the procedure. In providing such guidance, however, the judge may not in any way put him- or herself in a situation that could give rise to doubt as to his or her impartiality.