Counseling assistance is granted upon application for the exercise of rights outside of court proceedings and in mandatory conciliation proceedings in accordance with the Bavarian Conciliation Act. Further requirements are
- The person seeking legal assistance is unable to raise the necessary funds according to their personal and financial circumstances,
- There are no other options available for assistance that the person seeking legal assistance can reasonably be expected to make use of,
- The use of legal aid does not appear to be unreasonable.
The personal and financial requirements are met if the applicant would be granted legal aid for court proceedings in accordance with the provisions of the Code of Civil Procedure without contributing to the costs.
The application for legal aid is generally submitted to the local court in whose district the person seeking legal assistance has their general place of jurisdiction (usually their place of residence).
The application can be made there verbally or in writing and, under certain conditions, also electronically using the form available from the court or on the Internet via the federal and state justice portal.
If the person seeking legal assistance contacts a counselor directly, the application for the granting of legal assistance can be made subsequently. In this case, the application must be submitted no later than 4 weeks after the start of the legal aid activity.
The application must be accompanied by a declaration from the person seeking legal assistance about their personal and financial circumstances as well as relevant supporting documents. In particular, the declaration must contain information on marital status, occupation, assets, income and charges. The applicant must also provide an assurance that they have not previously been granted or refused legal aid by the court in the same matter and that no legal proceedings are or have been pending in the same matter.