It is very important to obtain independent advice from a lawyer when you are involved in any way in criminal proceedings. The information sheets tell you when and under what circumstances you are entitled to be represented by a lawyer. They also tell you how the lawyer will help you. This general information sheet will show you how to find a lawyer and how the lawyer’s fees will be covered if you are unable to pay him.
You have the absolute right to be assisted by a lawyer in all cases. You can either call upon the lawyer of your choice or contact the Luxembourg Bar to obtain the list of lawyers in order to choose one to your liking.
If you do not choose a lawyer or if the Chairman of the Bar Association [Bâtonnier de l’Ordre des Avocats] considers your choice to be inappropriate, it will be up to the Chairman to appoint him. The lawyer is obliged to accept the instruction given to him, unless he is unable to do so or has a conflict of interest.
If you have been detained, you may ask the investigating judge at the start of the proceedings to arrange for you to be assisted by a duty lawyer or by the lawyer of your choice.
Lawyers set their own fees. If you do not have sufficient income to pay a lawyer, you can request legal aid from the courts’ judicial information service.
A judicial information service exists in Luxembourg, Diekirch and Esch-sur-Alzette:
You are considered to be someone with inadequate resources if you do not have financial means in excess of the statutory guaranteed minimum.
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