Information - Beratungshilfe; Beantragung - Dienstleistungsportal Bayern

Description

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.

Prerequisites

Counseling assistance is granted upon application - for the exercise of rights outside of court proceedings or in mandatory conciliation proceedings under the Bavarian Conciliation Act. Its further requirements are:

• The applicant cannot raise the necessary funds according to his personal and economic circumstances,
• There are no other possibilities for assistance available, the use of which is reasonable,
• The use of counseling assistance does not appear to be wanton.

The personal and economic conditions are met if the legal applicant would have to be granted legal aid for court proceedings in accordance with the provisions of the Code of Civil Procedure without contributing to the costs himself.

Procedure

The application for legal aid is submitted to the local court in whose district the person seeking legal assistance has his or her general place of jurisdiction (usually place of residence).

The application can be made there orally or in writing using the form available from the court or on the Internet via the federal and state justice portal.

If the person seeking legal assistance turns directly to a counselor for advice, the application for the granting of counseling assistance may be filed subsequently. In this case, the application must be submitted no later than 4 weeks after the start of the counseling assistance activity.

The application must be accompanied by a declaration by the person seeking legal assistance concerning his or her personal and financial circumstances as well as appropriate supporting documents. The declaration must in particular contain information on marital status, profession, assets, income and encumbrances. A statement by the person seeking legal assistance that he or she has not previously been granted legal assistance in the same matter or been refused it by the court, and that no legal proceedings are or were pending in the same matter, must also be submitted.

Required documents

• Proof of personal and economic circumstances

  e.g. proof of income

Forms

• Form, Bavaria-wide: Antrag auf Bewilligung der Beratungshilfe

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

• A fee of EUR 15 is payable for the consultation, which may also be waived. Agreements on remuneration are invalid.

Legal bases

• Gesetz über Rechtsberatung und Vertretung für Bürger mit geringem Einkommen (Beratungshilfegesetz - BerHG)
• §§ 114-127 Zivilprozessordnung (ZPO)
• Gesetz zur Ausführung des Gerichtsverfassungsgesetzes und von Verfahrensgesetzen des Bundes (AGGVG)
• § 49a Bundesrechtsanwaltsordnung
• § 44 Rechtsanwaltsvergütungsgesetz

Links to more information

• Justizportal des Bundes und der Länder
• Antrag auf Beratungshilfe

Related issues

• Legal aid or legal costs assistance; application for