Can legal aid be withdrawn?

Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Yes, legal aid can be withdrawn if, in the end, you do not meet the conditions that allowed it to be granted. Withdrawal can be total or partial. If the procedure takes place in France, the withdrawal may be decided by the BAJ: titleContent or by the court hearing your case.

When you are eligible to legal aid, the decision granting you that aid shall state the cases in which it may be withdrawn from you.

The withdrawal can be decided in 5 hypotheses:

  • When you obtained legal aid by making false statements or providing inaccurate evidence (for example, you failed to report some of your financial income)
  • When your financial resources (income, real estate assets or furniture) increased during or at the end of the procedure. If such resources had existed on the date of the initial application for legal aid, you would not have been granted it
  • Where the decision in your case provided you with financial resources such that if they had existed on the day of the initial legal aid application, you would not have been granted them (for example, where a divorce judgment granted you a compensatory benefit the amount is high enough that you no longer need legal aid)
  • When your lifestyle does not seem compatible with the annual resources you have declared to obtain legal aid
  • When you have abused your right to take legal action (e.g. you have taken legal action to harm another person) or your legal action is inadmissible.

In general, legal aid can be removed at any time during the procedure. In some cases, the withdrawal may take place after the end of your case.

The procedure for withdrawing legal aid depends on the reason why the withdrawal is envisaged.

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False statements or inaccurate evidence

In this case, legal aid may be available to you removed during or after completion the case you're benefiting from.

It may be requested by anyone interested in your case, including the part adverse or the public prosecutor. It may also intervene without any request having been made.

The Legal Aid Office (LAO) informs you of the reasons why the withdrawal is being considered.

You benefit from a waiting periodone month from that notification to make written submissions.

If it finds that legal aid has been granted to you because of incorrect information or evidence, the BAJ: titleContent inform the public prosecutor and take you away the benefit of that aid, in whole or in part.

This decision is you notified by means of any device allowing to attest its date of receipt (example: by email with acknowledgement of receipt, by letter RAR: titleContent).

It must state:

  • Reasons for withdrawing legal aid
  • In the event of partial withdrawal, the costs for which legal aid is no longer granted. For example, you have initiated proceedings before the court of law. To the extent that you disagree with the judgment rendered, you appeal of this decision. For all this procedure, you benefit from legal aid. If it declares a partial withdrawal, the BAJ: titleContent may decide that the costs of the appeal procedure shall be reimbursed to the State.
  • The means by which you can appeal.

The withdrawal decision is also notified to your lawyer and any auxiliary of justice (example: notary, commissioner of justice) that intervened in your case.

Warning  

If you have provided inaccurate information or evidence, you will be subject to criminal penalties (e.g. a fine of up to €45,000).

Increase in your income or wealth

Withdrawal of legal aid may be requested by anyone interested in your case, including the part adverse or the public prosecutor. It may also intervene without any request having been made.

The legal aid office will inform you of the reasons why the withdrawal is being considered.

You benefit from a waiting periodone month from that notification to make written submissions.

Please note

This time limit is 2 months if your public defender was paid for legal aid for assisting you at a hearing (immediate appearance, hearing before court of assizesetc.) while you do not meet the conditions to benefit from it.

If he finds that your resources are greater than ceilings for admission of legal aid, on BAJ: titleContent decide on the withdrawal of legal aid. This withdrawal may be total or partial based on your new resources.

This decision is you notified by means of any device enabling its date of receipt to be attested (e.g. by e-mail, by letter RAR).

It must state:

  • Reasons for withdrawing legal aid
  • In the event of partial withdrawal, the costs for which legal aid is no longer granted. For example, you have initiated proceedings before the court of law. To the extent that you disagree with the judgment rendered, you appeal of this decision. For all this procedure, you benefit from legal aid. If it declares a partial withdrawal, the BAJ: titleContent may decide that the costs of the appeal procedure shall be reimbursed to the State
  • The means by which you can appeal.

The BAJ: titleContent also inform your lawyer and any court assistant (example: commissioner of justice) that intervened in your case.

Lifestyle incompatible with declared resources

Withdrawal of legal aid may be requested by anyone interested in your case, including the part adverse or the public prosecutor. It may also intervene without any request having been made.

The legal aid office will inform you of the reasons why the withdrawal is being considered.

You benefit from a waiting periodone month from that notification to make written submissions. You must therefore be called upon to explain yourself before any decision to withdraw by the President of the BAJ: titleContent.

If he finds that your lifestyle is not compatible with the annual resources you have declared2024 Legal Aid Admission Ceilings, on BAJ: titleContent decide on the withdrawal of legal aid.

This withdrawal may be total or partial based on your real resources.

This decision is you notified by means of any device enabling its date of receipt to be attested (e.g. by e-mail, by letter RAR).

It must state:

  • Reasons for withdrawing legal aid
  • In the event of partial withdrawal, the costs for which legal aid is no longer granted. For example, you have initiated proceedings before the court of law. To the extent that you disagree with the judgment rendered, you appeal of this decision. For all this procedure, you benefit from legal aid. If it declares a partial withdrawal, the BAJ: titleContent may decide that the costs of the appeal procedure shall be reimbursed to the State
  • The means by which you can appeal.

The BAJ: titleContent also inform your lawyer and any court assistant (example: commissioner of justice) that intervened in your case.

Abusive or inadmissible legal action

In this case, legal aid may be withdrawn by the court hearing your case.

If that court considers that your legal action is dilatory, abusive or inadmissible, she has to take legal aid away from you altogether.

Once this decision has been taken, the court shall first inform the president of the bar and the legal aid office.

The decision is then notified to you by registered letter with acknowledgement of receipt or through your lawyer.

It must state:

  • Reasons for withdrawing legal aid
  • The means by which you can appeal.

The court also informs any court assistant (example: commissioner of justice) that intervened in your case.

The removal of legal aid may be:

  • Total. In this case, you must pay or refund thecompleteness of court costs (from which you have been exempted or which have been paid by the State)
  • Partial. In this case, you must pay or repay a portion court costs (which you have been exempted from or which have been paid by the State). The percentage (or part of the costs) that remains at your expense is determined by the legal aid office.

Payment and/or refund may be requested at any time from notification of the withdrawal decision taken by BAJ: titleContent or the court hearing your case.

Please note

In case of mandatory representationHowever, your lawyer must continue to assist you as long as he has not been replaced by a new lawyer, even if legal aid is withdrawn from you.

The conditions of remuneration of the lawyer depend on the authority which issued the decision to withdraw legal aid.

Withdrawal by the BAJ
Withdrawal during the procedure

If you are denied legal aid during the proceedings, your lawyer is not paid by the State.

However, in the event of an increase in your financial resources (income, real estate assets or furniture), the lawyer can ask you for payment offees.

FYI  

In principle, the remuneration due to the lawyer is fixed by a fee agreement which you signed at the beginning of the procedure.

Withdrawal at the end of the procedure

As a matter of principle, if legal aid is withdrawn at the end of the proceedings, the lawyer is paid by the State.

You must repay this amount to Public Treasury.

Withdrawal by a court

In case of withdrawal of legal aid by the court seised of your case, the fees of the lawyer are paid by the State.

Nevertheless, you are obliged to repay this amount to the Public Treasury.

Withdrawal decisions can be challenged by a simple statement. There is no specific way to write your appeal.

Nevertheless, you must mandatory state the reasons why you wish to seek redress.

Your declaration must be accompanied by a copy of the decision you are challenging.

Please note

You have the possibility to request the assistance of a lawyer. This professional will help you understand the reasons for the withdrawal and formulate your appeal. He can also drop it off in your place.

If you no longer receive legal aid, you will have to pay the fees. However, if legal aid is eventually granted to you, the second lawyer will be paid by the state and may share this compensation with your first lawyer.

Deadlines for filing an appeal

The time limits for filing an appeal depend on the jurisdiction in which your case is pending.

General case

The time limit for filing your appeal is 15 days from:

  • The notification of the decision of the BAJ: titleContent
  • Notification of the decision of the court seised of your case, in case of abusive procedure, dilatory or inadmissible.
Before the National Asylum Court (CNDA)

When your case takes place before the National Asylum Court, your appeal must be forwarded within 8 days from:

  • The notification of the decision of the BAJ: titleContent
  • Notification of the decision of the court seised of your case, in case of abusive procedure, dilatory or inadmissible.

Means of transmission of the appeal

The means of transmission of your appeal depend on the court in which your case is being heard and on the authority which issued the withdrawal decision.

General case

You must address your recourse to the authority which issued the decision withdrawing legal aid.

Decision of the BAJ

Your appeal must be delivered by hand to the BAJ: titleContent or be sent by registered letter with acknowledgement of receipt.

After receiving it, the BAJ: titleContent forward your appeal to the competent authority for examination.

Please note

If your lawyer has filed your appeal, the BAJ: titleContent confirms that the deposit has taken place.

Who shall I contact
Who shall I contact
Who shall I contact

Decision of a court

Your appeal must be addressed the President of the court which issued the decision withdrawing legal aid.

You can send it to the registry of this jurisdiction by hand or by registered letter with acknowledgement of receipt.

Who shall I contact
Who shall I contact
Who shall I contact
Who shall I contact
Before the CNDA

You must address your recourse to the authority which issued the decision withdrawing legal aid.

Decision of the BAJ

Your appeal must be addressed to BAJ: titleContent of the National Asylum Court.

It may be given to him:

  • Hand-held
  • By registered letter with acknowledgement of receipt
  • By fax.

After receiving it, the BAJ: titleContent forward your appeal to the competent authority for examination.

Please note

If your lawyer has filed your appeal, the BAJ: titleContent confirms that the deposit has taken place.

Decision of the CNDA

Your appeal must be directly addressed to the President of the National Asylum Court.

You can send it to the registry of this court:

  • Hand-held
  • By registered letter with acknowledgement of receipt
  • By fax.
Before the Administrative Court of Appeal or the Council of State

You must address your recourse to the authority which issued the decision withdrawing legal aid.

Decision of the BAJ

When your case is before a Administrative Court of Appeal or before the Council of State, you may defer your appeal to the BAJ: titleContent :

  • By registered letter with acknowledgement of receipt

After receiving it, the BAJ: titleContent forward your appeal to the competent authority for examination.

Warning  

Your lawyer can file the appeal on your behalf. In that case, he must mandatory use Telerecourse.

The BAJ: titleContent confirms that the deposit has taken place.

Who shall I contact

Decision of an administrative court of appeal or the Council of State

Where the withdrawal has been decided by a administrative court of appeal, you must address your appeal to the president of that court.

If the withdrawal has been decided by the Council of State, your appeal must be addressed to Chairman of the Litigation Section of the Council of State.

Your appeal may be submitted to the registry of these courts:

  • By registered letter with acknowledgement of receipt

Warning  

Your lawyer can file the appeal on your behalf. In that case, he must mandatory use Telerecourse.

Who shall I contact

Examination of the appeal

Your appeal shall be examined to determine whether the withdrawal decision is justified.

The competent authority to hear your appeal depends on the court in which the case for which you have applied for legal aid is being heard.

Tableau - Competent authority to examine the appeal on the basis of jurisdiction

Jurisdiction

Authority responsible for examining the appeal

General case

1er president of the court of appeal to which the court hearing the case or the court of appeal hearing the case is attached

National Asylum Court (CNDA)

President of the National Asylum Court

Administrative Tribunal

President of the Administrative Court of Appeal to which the Tribunal is attached

Administrative Court of Appeal

President of the Administrative Court of Appeal for the case

Council of State

Chairman of the Litigation Section of the Council of State

Court of Cassation

1er President of the Court of Cassation

Conflict Tribunal

President of the Conflict Tribunal

Once your appeal has been examined, the President of the court may confirm, modify or cancel the decision to withdraw legal aid.

The new decision is sent to you by any device allowing you to attest its date of receipt (e.g. by email with acknowledgement of receipt).

In some cases, it may be you notified by registered letter with acknowledgement of receipt.

This decision cannot be the subject of a new appeal.

Please note

If your appeal is rejected, you may be asked for a refund immediately after the new decision.

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