Counseling assistance is legal counseling and, if necessary, representation of a person seeking legal assistance. It is only granted outside of court proceedings or in compulsory conciliation proceedings under the Bavarian Conciliation Act (BaySchlG).
The local court can provide counseling assistance itself, e.g. by providing immediate information, pointing out other possibilities for assistance (e.g. by social insurance agencies, insurance offices, insurance elders, tax offices, district administrative authorities, municipalities or voluntary welfare associations) or taking an application or statement.
Otherwise, the person seeking legal assistance is issued a certificate of eligibility by the district court, which he or she can use to call in a counselor of his or her choice. Such advisors are lawyers and legal advisors who are members of a bar association, as well as, to the extent of their respective authority to provide legal advice, tax advisors, tax agents, certified public accountants, sworn auditors and pension advisors.
The consulting persons are in principle obliged to accept the consulting assistance granted by the district court. They may only be refused in individual cases for good cause.
In principle, consulting assistance extends to all legal matters. In matters of criminal law and misdemeanor law, however, only advice - i.e. no representation - is granted. If the facts of the case have no relation to Germany and the law of other countries is applicable, no counseling assistance is provided.