Legal aid results in an exemption from paying court fees. Legal aid also means that a lawyer will be appointed to represent the party granted legal aid, with the state covering the lawyer's fees. The fees are determined by the court, and the appointed lawyer may not demand any additional payment from the party granted legal aid. The court appoints the lawyer, and will usually honor a request for a specific lawyer to handle the case.
Normally, the losing party in a lawsuit is required to pay the costs of the case, including the opposing party’s costs, but if the losing party has been granted legal aid, the state will pay the costs.
Additionally, legal aid means that the state covers all necessary expenses related to the handling or clarification of the case, such as expenses for witness testimony and expert assessments. The court decides which expenses may be covered by the legal aid grant.
However, the court may require a party granted legal aid to reimburse the state for some or all of its expenses in the case if the expenses cannot be charged to the opposing party, and if the party’s circumstances, including those after the outcome of the case, justify such a decision, according to section 332, subsection 2, of the Danish Administration of Justice Act.
Legal aid covers the entire case in the relevant court instance and the enforcement of the decision, as outlined in section 331, subsection 4 of the Danish Administration of Justice Act. Normally, legal aid also covers actions taken before legal aid was granted.
Legal aid also covers the handling of the case in the second or third instance, if the case is appealed to a higher court by the opposing party, and the party granted legal aid has won, either partially or fully, in the previous instance, as per section 331, subsection 5 of the Danish Administration of Justice Act.
The effects of legal aid do not cease upon the death of a party, as outlined in section 331, subsection 6 of the Danish Administration of Justice Act.
The grant of legal aid can be revoked if the conditions for receiving legal aid are found not to be present or have ceased to exist, according to section 331, subsection 7 of the Danish Administration of Justice Act. If the grant is revoked, the effects of legal aid cease.
There are special rules for legal aid in cases covered by section 1 of the Spousal Property Act, according to section 331, subsection 1, item 5, and subsection 3 of the Danish Administration of Justice Act. It should be noted that an application for legal aid in these cases must be submitted to the court, according to section 327, subsection 4 of the Danish Administration of Justice Act.