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Takker for henvendelsen

Det typiske forløb i en sagsbehandling:

Du får en personlig henvendelse:

  • Du vurderer om personen har en sag eller ej (for visitering):
    • Hvis personen ikke her en sag, fortæller man det til vedkommende. Takker for henvendelsen og tilbyder dem juridisk bistand i en anden sammenhæng,
    • Personen har en sag:
      • Vurderer om sagen (tvisten) kan løses inden for rammerne af offentlig retshjælp, enten trin 2 (rådgivning og enkelt skrivelse) eller trin 3 (2-3 timer juridisk sagsbehandling, herunder forligsdrøftelser med modparten mv.)
        • Hvis sagen kan behandles under offentlig retshjælp pga. sagens beskedende omfang:
          • Opfylder vedkommende de økonomiske betingelser for at få offentlig retshjælp:
            • Ja – årsopgørelsen for 2012 (også for ægtefæller eller samlevende, samt oplysning om antal børn under 18 år)
              • Overskrides rammerne for offentlig retshjælp, pga. for omfattende sagsbehandling
                • Klient orienteres herom, hvorefter klient kan acceptere egen betaling eller sagsbehandlingen stopper efter aftale med klient.
              • Nej – Egen betaling efter medgået tid til følgende timesatser:
                • 800 pr. time for juridiske sagsbehandler,
                • 1.600 pr. time for adv.fuldmægtige og
                • 2.000 pr. time for advokater.
              • Videre sagsbehandling med egenbetaling efter medgået tid kræver klientens udtrykkelige accept, evt. depositum for det arbejde, der skal eller kan udføres.
            • Tvist bliver løst: Takker klient for henvendelsen og tilbyder dem juridisk bistand i en anden sammenhæng.
            • Tvist bliver ikke løst:
              • Der skal vurderes om sagen skal fremmes yderligere evt. til retssagsbehandling. I overvejelserne skal indgå, procesøkonomi og procesrisiko. Har klient råd til at videreføre sagen, eller kan der søges retshjælpsdækning fra forsikring, eller kan der søges om fri proces fordi klienten har en rimelig grund til at føre proces.
            • Hvis sagen ikke skal fremmes:
              • Takker klient for henvendelsen og tilbyder igen juridisk bistand i en anden sammenhæng
            • Hvis sagen skal fremmes:
              • Sagen overgives til advokatfuldmægtige eller advokat med indstilling til, hvad der skal ske i sagen, herunder om sagen fremmes under egenbetaling, retshjælpsdækning eller fri proces.

 

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