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I can't afford proceedings or a lawyer

Anyone without money for court and a lawyer can apply for legal aid. You receive it if you lack the means and your case is not hopeless; a lawyer as well, if you need one. In criminal proceedings there is official defence. File the application early. The help does not cover everything, and you often have to repay it later if your situation improves.

Reviewed by a lawyer on 30 September 2026Official sources

Watch out

File the application as early as possible. Legal aid generally only takes effect from the day you apply for it. As a rule, this still covers the work of the lawyer on the submission with which you file the application. The state only covers costs incurred beforehand in exceptional cases. If your financial situation worsens only during the proceedings, apply immediately.

ZPO · Art. 119BGE 122 I 203, E. 2

If your application is refused in whole or in part, or the help is later withdrawn from you, you can contest this. The time limits are short: in civil proceedings, the time limit for an appeal against such a decision is 10 days; in criminal proceedings the appeal time limit is likewise 10 days. In other proceedings, what is stated in the instructions on legal remedies at the end of the decision applies. Read these immediately and observe the time limit.

ZPO · Art. 120ZPO · Art. 121ZPO · Art. 321StPO · Art. 396

The authorisation applies only to the instance that granted it. If you, or the other side, take the case to the next instance, you must file a new application there. This applies in civil proceedings, in criminal proceedings and also before the Federal Supreme Court. On request, the Federal Supreme Court exempts you from the court costs and from the security for the other side's compensation if you lack the means and your case is not hopeless. If necessary, it appoints you a lawyer.

ZPO · Art. 119StPO · Art. 136BGG · Art. 64

Legal aid is not a gift for good. In civil proceedings, you must repay the costs to the canton as soon as you are able to. The canton can demand this for 10 years after the proceedings end. The same applies before the Federal Supreme Court and before federal appeal authorities: if your finances later improve, you must repay. An exception applies to legal aid representation in proceedings before a social insurer itself: there is no legal basis there for reclaiming the costs later. For cantonal authorities and courts, cantonal law governs whether and how reclaiming applies. In civil proceedings the court can also withdraw the help if its conditions no longer apply, for example because you receive an inheritance.

ZPO · Art. 123ZPO · Art. 120BGG · Art. 64VwVG · Art. 65BGE 144 V 97, E. 3.5

Official defence is not free of charge in every case in the end. The state pays the lawyer first. But if you are ordered to bear the costs of the proceedings, you must repay this compensation to the state as soon as your financial situation allows. The state can demand this for up to 10 years after the final and binding decision.

StPO · Art. 135

What to do

  1. Check your contracts: legal expenses insurance can also be part of another insurance contract or a membership. Notify the insurer of the case as early as possible and ask in writing whether, and to what extent, it will cover the costs. If it refuses, or covers only part, enclose that answer with your application for legal aid.

  2. File the application with the body conducting your proceedings: the court, the public prosecutor's office, or the appeal authority. Many courts and cantons have a form for this. Disclose your income and assets fully and provide evidence, for example with payslips, tax assessments, bank statements, the lease, health insurance premiums, and evidence of debts you are actually paying off. Briefly explain what the case is about and what evidence you have. In civil proceedings you can also name in the application the lawyer you want to represent you. If information or evidence is missing, the application can be refused.

    ZPO · Art. 119BGE 135 I 221, E. 5.1

  3. In civil proceedings, you do not have to wait until the action has been filed. You can apply beforehand. The court decides on this quickly, in a short procedure (summary proceedings). No court costs are charged for the application itself, unless you act in bad faith or wantonly.

    ZPO · Art. 119

The law

The Federal Constitution entitles every person who lacks the money for proceedings to legal aid. Three points count. First: you do not have sufficient means. This is the case if you could only pay for court and a lawyer by using money that you need for your own living costs and those of your family. Your whole situation at the time of the application is assessed: wages and other income, savings, and the expenses you actually pay. If enough is left over each month that you could pay off the costs within roughly a year in a simple case, or roughly two years in other cases, this condition is generally not met. Second: your case is not hopeless. Hopeless means that the chances of winning are clearly smaller than the risk of losing. The court asks whether a reasonable person with enough money would also bring the same case. If the chances and the risk are roughly equal, the case is not hopeless. Third: you receive a lawyer in addition if, without help, you could not properly safeguard your rights, for example because a great deal is at stake for you and the case is legally or factually difficult.

BV · Art. 29BGE 135 I 221, E. 5.1BGE 142 III 138, E. 5.1BGE 128 I 225, E. 2.5.2

The state only steps in if no one else has to cover the costs. If you are married, your husband or wife must help you with an advance on costs in a legal dispute, so far as they are able to. This duty takes priority over legal aid. This duty does not apply to unmarried partners; but the court may take into account that you share the costs of a joint household. If you have legal expenses insurance that covers the case, or a trade union or association of which you are a member takes on the representation, your costs are already covered. The state then does not pay for it.

BGE 142 III 36, E. 2.3BGE 135 I 1, E. 7.4

In civil proceedings, for example in a divorce, a dispute with your landlord or a wage claim, legal aid means: you do not have to pay advances on costs or provide security, you do not pay court costs, and the court appoints you a lawyer if you need one to safeguard your rights. This is especially so if the other side is represented by a lawyer. The lawyer can already be appointed to prepare the case. The court can grant the help in full or only in part, for example only for the court costs but without a lawyer. It is also available if you want to have evidence secured before proceedings.

ZPO · Art. 117ZPO · Art. 118

In criminal proceedings you need a defence lawyer in certain cases regardless of whether you can or want to pay for one. This applies, among other things, if, together with a provisional arrest, you were in pre-trial detention for more than 10 days, if you face more than one year's imprisonment, a custodial measure or expulsion from Switzerland, if you cannot safeguard your own interests because of your state of health or for other reasons, if the public prosecutor's office appears in person before the court, or if abbreviated proceedings are carried out. If you do not choose your own defence lawyer in these cases, the authority appoints an official defence lawyer.

StPO · Art. 130StPO · Art. 132

Even outside these cases, you receive an official defence lawyer if you lack the money for one and a defence is needed to safeguard your interests. It is needed if the matter is not a minor one and the case is so difficult that you would be overwhelmed on your own. It is in any case no longer a minor matter if more than 4 months' imprisonment or more than 120 daily penalty units of a monetary penalty are to be expected. Apply for official defence to the public prosecutor's office or the court conducting your proceedings.

StPO · Art. 132

If you take part in criminal proceedings as a private claimant, you can receive legal aid to pursue your civil claims, for example damages or satisfaction. If you are the victim of a criminal offence, it is also available for the prosecution of the offender. In each case the condition is that you lack the means and your case is not hopeless. The help covers exemption from advances, security and costs of proceedings, and a lawyer if that is needed. Victims and their relatives do not have to repay these costs later. For other private claimants, the authority decides at the end who bears the costs.

StPO · Art. 136StPO · Art. 138

The entitlement under the Federal Constitution also applies against authorities. If you challenge the decision of a federal authority, the appeal authority, on request, exempts you from the costs of proceedings after the appeal has been filed, if you lack the means and your appeal is not hopeless. If necessary, you receive a lawyer. For proceedings before cantonal and communal authorities, the canton regulates the details. But it must at least grant what the Federal Constitution requires. You can find out how to file the application from the responsible authority or in the cantonal procedural law.

VwVG · Art. 65BV · Art. 29

For social insurers, for example disability insurance (DI), accident insurance or unemployment insurance, there are two levels. In the proceedings before the insurer itself, you receive legal aid representation only if the circumstances truly require it. This standard is strict; often you are first expected to seek help from an advice centre, a social service or an association. Before the cantonal insurance court, legal aid representation is granted if the circumstances justify it. Court proceedings are free of charge for many social insurers. But for disputes over DI benefits, court fees are charged; you can also be exempted from these if you lack the means.

ATSG · Art. 37ATSG · Art. 61IVG · Art. 69BV · Art. 29

Costs

Legal aid does not protect you from all costs. If you lose the case, the canton covers your court costs and your own lawyer. But you must pay yourself the compensation that the court awards the other side for their lawyer. Factor in this risk before you bring an action or a legal remedy.

ZPO · Art. 118ZPO · Art. 122

Advice

Get advice if you face a severe sentence in criminal proceedings, if your application was refused, if you are unsure whether your case has a chance, or if a lot of money or your children are at stake. Many lawyers file the application for legal aid on your behalf. Ask about this directly at the first contact.

Help

If you are the victim of a criminal offence, the victim support advice centre in your canton can help you. Advice is free of charge for victims and their relatives. The advice centre can also help you find a lawyer, and clarifies what costs victim support will cover. You can find out more in the guide to victim support.

OHG · Art. 5

Free or low-cost help: many court registries give you a form for the application and explain the procedure. Most cantons have legal information centres, often run by the cantonal bar associations, which give an initial consultation free of charge or cheaply. Members of a trade union, a tenants' association or another association often get legal advice there. For social insurance matters, advice centres for people with disabilities and social services help. Your municipality's social service can also help you put together the documents for the application.

Scope

Legal aid and legal aid representation in civil proceedings, in criminal proceedings (official defence, help for private claimants and victims), in proceedings before authorities and social insurers, and before the Federal Supreme Court.

Not covered: How to find a lawyer and what a mandate costs, the benefits of victim support in detail, and the conciliation procedure. There are separate guides for these. Cantonal fees and scales are not given here.

Sources

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