FREE
LEGAL AID IN KAZAKHSTAN
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some external funding of the information activities, that may help the public realize the defense
attorney’s role and raise public awareness of their rights in the event that they become involved
in a criminal case as the accused, a defendant, or a suspect.
This scheme needs to be complemented with information component providing for dissemination of the data
on the legal aid system and its features within the frameworks of legal education. It might not be as hard as
it seems and the first step could be to provide each person on trial with a pamphlet, a booklet, or a brochure
outlining the defendants’ basic rights and the possibilities of obtaining legal aid, particularly free legal aid.
5. As a scheme for the public financing of appointed counsels, we propose a fixed rate for
participation in each case rather than an hourly payment depending on the number of hours spent
by a lawyer on this or that law suit. However, these costs should not be over- or underestimated,
but correspond to the average amount of funds for conducting one case. Let us make it clear
that all cases cannot be treated identically as some are resolved during one hearing while the
others may last for months and even years. It is therefore necessary to develop a pay scale taking
into consideration the case complexity, topic, number of participants, location of the crime, and
many other factors. When developing this important tool one should rely upon the average “cost”
of a lawyer for a case. The calculations derived from the statistics processed by our creative
team during the survey reveal that the average payment for one case in Kazakhstan and in North
Kazakhstan Oblast amount to 4,197 tenge and 3,339 tenge, respectively. Naturally, these figures
reflect the state of affairs in 2007, while today their values should be 20-30% higher.
The pay scale should be developed by the joint efforts of the lawyers and the government representatives
responsible for the estimation of the sums and payment for appointed counsel, both at a regional and national
level.
The assigned counsel should be remunerated for participation in the case in accordance with the established
rates. When taking on the work, the lawyer already knows the amount of payment and is therefore interested
in settling a case as soon as possible. Thus, the lawyers’ remuneration system is simplified.
The scheme of attracting a lawyer will look as follows. The appointment procedure remains the same, with the
counsel being appointed by the body conducting the criminal process – either by the investigator, or a lawyer.
To be eligible for compensation for the work on a particular case, the lawyer should submit an application
to the bar association with his or her assessment of the case complexity. The bar association evaluates
each application by weighing the merits of the case. As a result of this process and considering the lawyer’s
grading of the case, the association shall decide on the rate to be applied. If the application is granted, the
lawyer will receive a certificate permitting him or her to conduct the case, and indicating the rate as well as
the fixed amount payable to the lawyer. This system of lawyers’ certification exists in many countries. At the
heart of this system is the certificate which grants the lawyer a right to process the case and be remunerated
with a given sum as a payment for handling this particular legal action.