Azerbaijan is considering legislation that would expand access to free legal assistance and require every lawyer to provide at least 30 hours of pro bono service a year.
The draft law, discussed Oct. 5 by the Milli Majlis Committee on Legal Policy and State Building, contains five chapters and 14 articles. It has not yet been enacted. Details were reported by Daily Baku, citing the parliamentary proceedings.
Who Would Qualify
The bill would cover low-income people earning less than the subsistence minimum, members of households receiving targeted state social assistance, unemployed people with disabilities and people officially registered as unemployed.
It would also extend assistance to families of martyrs, war veterans, victims of human trafficking and domestic violence, minors, refugees, people granted political asylum, orphans, people released from prison within the previous year and those under probation supervision. People reporting corruption-related offenses would also qualify.
If a recipient’s financial situation improves after court proceedings begin, assistance already under way would continue.
Services and Funding
Primary assistance would include explanations of laws and rights and help preparing applications, complaints and other documents. Professional assistance would include defense and representation in criminal, administrative and civil cases, as well as certain cases involving violence against or exploitation of children.
The Bar Association would administer the system. Legal clinics, attorney assistants and trained paralegals working under professional supervision could provide primary assistance, and the association would maintain their registry.
The draft calls for state funding. Professional work would be paid hourly at a rate equal to 0.0275 of the minimum monthly wage, while primary assistance would be paid at 0.015 of the minimum wage per service. Additional expenses would be calculated at 5%, and work at night, on weekends or on public holidays would be paid at double rates.
Annual Pro Bono Requirement
Each lawyer would have to provide at least 30 hours of free legal work annually. A lawyer who fell short would pay 18 manats to the Bar Association for each unworked hour. Unjustified refusals to provide assistance would be prohibited.
Records would be retained for two years, and the Bar Association would publish annual aggregate statistics without disclosing attorney-client information.