Requirements – who receives advice help?
Counseling assistance is given to needy people or low-income people. A low income should be considered if the income to be used does not exceed 15 euros.
The income to be used is calculated as the gross monthly wage, including overtime pay and pro rata Christmas and holiday pay. This is then mitigated by social security and tax credits. In addition, the sums for adequate accommodation, expenses, adequate insurance premiums and any burdens such as Installment credits deducted. In addition, the applicant must take into account allowances for wife and children, if available.
If the applicant is a worker, he will also receive an employment bonus as an income tax exemption.
Application for advice
The application can be submitted either directly to the district court, or through a mandated lawyer, who forward the application for approval of the advisory assistance to the competent district court.
Formalities for the application for guidance are either written or personal. The personal appearance is recommended here, since ambiguities can be clarified directly.
Since the advisory assistance is paid out of taxpayers’ money, the court checks very carefully whether the applicant is really entitled to counseling assistance. For this purpose, the economic situation must be presented on the basis of suitable documents, for example with a current payroll, account statements (as proof of the monthly expenses) or the last decision of the Employment Agency, for example, if Hartz IV or unemployment benefit is obtained.
Even students who receive BAföG are usually entitled to use the counseling assistance. It also applies that the relevant evidence is presented to the court
Even documents that explain the reason for the required legal advice, such as correspondence, must not be forgotten.
If the entitlement to legal assistance is justified and granted, the district court issues a so-called advisory certificate or entitlement certificate. With this every lawyer can be consulted for advice.
Which areas does the advisory service cover??
Assistance provided by the Advisory Assistance is provided for out-of-court representation in disputes involving civil law, including labor law, constitutional law, administrative law and social law, as well as restrictions on criminal law and administrative offenses. The last two are exclusively counseling, but no legal representation.
Advisory assistance is not granted if sufficient coverage of the costs is covered by a legal expenses insurance.
Cost of consulting assistance
In addition to a fee of 10 Euro directly to the lawyer, there are no additional costs for the applicant in the counseling assistance.
The mandated lawyer receives his further costs and expenses as lump sums replaced by the state treasury.
Special agreements in this connection are not admissible, as well as that the lawyer pays the difference between the lump sums (which are lower!) And the rates according to the RVG (law on the remuneration of lawyers) to the claimant.
In the states of Hamburg and Bremen, public consultation on special authorities is available instead of counseling assistance. In the federal state of Berlin, the applicant has the choice between an attorney’s or an official’s advice.
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