The prerequisites for consulting assistance and legal aid in Germany
Counseling aid and legal aid are two state instruments intended to ensure legal advice and possibly also necessary legal representation for people with low incomes. While consulting assistance is intended for out-of-court legal advice and possibly also legal representation, the rules of the Code of Civil Procedure on legal aid are intended to cushion the costs of court proceedings in whole or in part.
Here you will find detailed information on legal aid.
Counseling assistance
First of all, consulting assistance means that you can get expert advice on legal matters. If this is not sufficient, but the person seeking advice is also dependent on help and support in order to assert his or her rights against others, then the advice assistance also includes extrajudicial representation against third parties.
Legal aid is granted to those who have such a low income that they would receive legal aid according to the regulations of the Code of Civil Procedure without having to pay installments from their income or from their assets. You can find more details on this under legal aid.
Advice assistance is also available to those who do not have German citizenship.
In these cases there is consulting assistance
- Civil law matters (e.g.B. (e.g. rental cases, claims for damages, traffic accidents, neighbor disputes, divorce and maintenance cases as well as other family matters, inheritance disputes)
- Employment law matters (z.B. notices of termination)
- Administrative law matters (z.B. construction matters)
- Social law matters
- Tax law matters
- Constitutional law matters (z.B. constitutional complaints about violations of fundamental rights)
If, in the overall context of a consultation on the above-mentioned areas of law, it is necessary to deal with other areas of law in addition, consultation assistance will also be granted for these. For foreign law, however, there is only counseling assistance if the proceedings have a relation to the home country.
Relation to EU third countries
The following applies to disputes involving an EU third country:
Counseling assistance is granted for pre-trial legal advice with a view to out-of-court dispute resolution or for assistance with applications for cross-border legal aid.
If you are suspected of having committed a criminal offense or a misdemeanor, you can get advice, but you will not receive representation or defense. Under certain conditions, public defense is possible in criminal proceedings; here, too, the state pays all or part of the costs.
The following conditions apply to the granting of counseling assistance
- There must be a recognizable, objectively justified reason for the request for clarification of the legal situation; there must therefore be no willfulness.
- In addition, the financial situation of the person seeking advice.
How to obtain legal aid
The person seeking advice first goes to the local court in his or her place of residence, describes his or her problem to the judicial officer in charge and discloses his or her personal and financial circumstances.
The responsible Rechtspfleger decides then whether the advice-looking for consulting assistance is entitled and issues if necessary a certificate of entitlement. With this certificate of entitlement, the person seeking advice can visit a lawyer of his or her own choice.
What does the consulting assistance cost
Consultancy support by the local courts is free of charge. The costs of the lawyer are paid by the state, provided that the person seeking advice has been issued a certificate of eligibility. In addition, the person seeking advice must pay the lawyer 15.00 € so-called hand money.
However, the consulting assistance does not cover the costs that may have to be reimbursed to a third party.
You can download a form for consulting assistance here from our website.
You can easily find the local court responsible for you with the local and court directory.