Perché è importante conoscere (e non temere) l’avvocato

In Italy, the figure of the lawyer is fundamental to protect one's rights — but it is equally important not to be intimidated by it.
Many citizens, out of fear or subjugation, give up on asking for legal information, or think that a lawyer is only needed in serious trouble.
In reality, knowing the role of the lawyer and knowing how to access it correctly can make the difference between solving a problem and letting it get worse.

A lawyer is a professional who applies and interprets the law to assist the citizen or the company. He is not a judge, he is not “above” the person he assists: he is a consultant and defender, legally bound to act in the client's interest.

The goal is not “to always have a lawyer”, but knowing when and how to involve one, so as not to be unprepared in critical moments.

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Main types of lawyers

Criminal lawyer

He deals with crimes and criminal proceedings: he defends the accused or represents the civil party.
He intervenes when there are complaints, lawsuits, investigations by the prosecutor or criminal trials.
Examples: thefts, aggressions, defamation, fraud, financial crimes, etc.

Civil / Commercial lawyer

He deals with relationships between private individuals, companies or entities, without criminal offenses.
Examples: contracts, rentals, ownership, inheritances, bankruptcies, disputes between companies, debt recovery, etc.

Jurist or legal consultant

He is not necessarily a lawyer registered in the bar, but a graduate in law who provides theoretical and regulatory advice.
He can help understand rights and obligations, draft documents or provide legal guidance, but he cannot represent you in court.

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Trusted lawyer

It is the lawyer chosen directly by the person (or company).
He can be contacted in advance for consultations, or hired when a specific problem arises.
The honorarium is freely set, although there are minimum and maximum parameters set by law.
Having a trusted lawyer (or at least knowing who to turn to quickly) is useful to avoid being at the mercy of situations.

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Court-appointed lawyer

If a person is involved in a criminal proceeding and does not appoint a lawyer, the State assigns one by order, to guarantee the right to defense.
👉 Attention: the court-appointed lawyer is not free.
It is a normal lawyer who receives the assignment from the court, and his fee will be requested from the person being assisted, unless this person is entitled to free legal aid at the State's expense.

Many think that “by order” means “free”, but it is not so: if you do not meet the income requirements for free legal aid, the cost must still be paid, even if you have not personally chosen the lawyer.

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Lawyer with free legal aid (costs borne by the State)

The institute of free legal aid at the expense of the State allows those with a low income to have a lawyer without paying, because the costs are covered by the State.

Who can have it

Those who can access it are those with an annual taxable income below a certain threshold (periodically updated, approximately €12,838.01 in 2025 for a single person, increased for dependents).
Applies to cases criminal, civil, administrative, and tax.

How it works

• An application must be submitted to the competent Bar Association, attaching income documents.

• If accepted, you can choose a lawyer registered in the free legal aid lists.

• The fees are paid by the State, not by the citizen.

• It does not cover intentional behaviors or manifestly unfounded cases.

👉 Do not confuse court-appointed lawyer with free legal aid:

• The first one is appointed by the court and is normally paid; however, if you meet the income limits, you can request that the court-appointed lawyer also operate under free legal aid, so the State will cover the costs.

• The second one you choose yourself directly from the lists of the Bar Association, and it is paid by the State if you meet the requirements.

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Attention: free legal aid is not a preventive consultation

A common misunderstanding: the free legal aid is not for obtaining free consultations before initiating a case.
It is not a free “legal advice” service: it only applies when there is already an ongoing procedure (civil, criminal, administrative, or tax).

In practice:

• If you want to report someone or something, you have to file the report yourselves, by appearing before Prosecutor's Office, Police or Carabinieri.

• Once filed, the Prosecutor's Office will assess whether to accept it.

• Only after the report has been accepted and the proceedings are opened, you can submit an application for free legal aid to the competent Bar Association.

At that point, if you meet the income criteria, you can request the list of lawyers registered for free legal aid.
⚠️ It is important to choose the right lawyer based on the subject matter: for example, you don't go to a divorce lawyer for an issue with the ASL or immigration. Before contacting them, check their specialization.

👉 Once you have the list, always contact them via PEC, explain the case and verify who responds clearly and coherently: if you have studied the issue, you will quickly understand who is more suitable to represent you.

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Writing the report in a conscious manner

The report should not be improvised.
Do not file it out of spite, personal hatred or recklessness, because if the Prosecutor's Office deems it unfounded or reckless, you could be the ones who get reported by the person or entity involved.

For this reason:

• Study the law and the facts first.

• Formulate the report precisely and documented.

• Submit it to the competent authorities (Carabinieri, Police, Prosecutor's Office).

• Wait for confirmation of acceptance from the Prosecutor's Office.

• Only after that activate the process with free legal aid.

👉 In this way, you will be the ones to take the first step consciously, and not to appear before a lawyer 'empty-handed' waiting for him to do everything.

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Why it is important not to be in subjection

Many people feel embarrassed or 'inferior' in front of a lawyer, and end up not asking questions, not understanding their rights or accepting unfavorable situations.
But a lawyer is a professional paid (by you or by the State) to defend your interests.
He is not a judge, he has no decision-making power over your case: he is your ally, but must be managed with awareness, asking for explanations, quotes and written clarifications.

Knowing how to distinguish roles and knowing the possibilities allows you to:

• Choose the right professional for the right problem.

• Avoid economic surprises.

• Assert your rights even if you do not have high economic resources.

• Don't let yourself be intimidated by technical language or formalities, try to have everything written and pass it to the AI, it will give you a summary and in simple words