How to apply for legal aid in Italian civil proceedings

The steps

1. 1.

   Verification of prerequisites and list registration

   Before accepting the mandate, the lawyer must verify their registration in the list of defenders authorized for legal aid kept by their Bar Association. It is then necessary to ascertain that the client meets the income requirements set by D.P.R. 115/2002, the limit of which is periodically updated by the Ministry of Justice. The client must provide a self-certification attesting the entire family unit's income and a copy of a valid identity document. Without these elements, the application cannot proceed.

2. 2.

   Drafting and filing the application to the COA

   The admission application must specify the applicant's details, family members, income received, and the factual and legal reasons justifying the action or defense. The filing takes place at the secretariat of the Bar Association (COA) where the competent judge is located. Many Bar Associations require filing through dedicated electronic platforms: it is essential to check the specific methods on the relevant COA's institutional website to avoid formal rejections.

3. 3.

   Handling the COA's resolution

   The COA evaluates the merits of the claim and the income requirements, issuing a provisional and early admission resolution, or a rejection or inadmissibility order. In case of admission, the lawyer must extract a copy of the resolution. If the COA rejects the application, the defender can re-submit it directly to the judge competent for the proceedings. It is essential to constantly monitor COA communications to avoid delays in entering an appearance or serving introductory acts.

4. 4.

   Filing in the electronic case file

   Once the provisional admission resolution is obtained, the defender must file it in the electronic case file via the Electronic Civil Process (PCT). If the proceedings have not yet begun, the resolution must be attached to the introductory act (writ of summons or petition). If the trial is pending, it is filed as an attachment to a filing note or the notice of appearance. This step is crucial to notify the registry of the exemption from paying the unified court fee and flat-rate advances.

5. 5.

   Fee liquidation request

   At the end of the proceedings, or upon termination of the mandate, the lawyer must file the fee liquidation request. The request must be uploaded to the ministerial portal Liquidazioni Spese di Giustizia (LSG) or SIAMM, following the current technical specifications. The application must contain the detailed bill of costs, the admission resolution, and the order defining the trial. A frequent system error involves the mismatch between the beneficiary's tax code and the registry recorded in the portal.

6. 6.

   Decree issuance and invoicing

   The judge, having verified the documentation, issues the payment decree. The lawyer must wait for the decree to become final, meaning the deadline for oppositions has passed, before issuing the electronic invoice. The invoice must be addressed to the client but indicating payment by the State, and transmitted through the Exchange System (SdI) using the unique codes provided by the competent office. Verification of the payment outcome is done through the ministerial portal or by contacting the justice expenses office.

Legal basis: D.P.R. 30 maggio 2002, n. 115 (Testo unico delle disposizioni legislative e regolamentari in materia di spese di giustizia)Art. 74 e ss., D.P.R. 115/2002 (Istituzione del patrocinio e requisiti)Art. 82, D.P.R. 115/2002 (Liquidazione dei compensi al difensore)Art. 126, D.P.R. 115/2002 (Ammissione anticipata da parte del Consiglio dell'Ordine)