DR. JÖRG SCHRÖCK
State procedural financing
I. Process financing with VKH?
The state process financing in need
Legal aid (VKM) is a government support to finance court Dispute before the family courts (-> familian court proceedings). Whom Legal aid (VKH) is granted, the court and legal fees incurred by the relevant authority in accordance with § 120 ZPO state funded. For extrajudicial There are no affairs Legal aid. For this purpose, a so-called.-> Application form) to think. Legal aid comes for every kind including a family court case -> enforcement proceedings in question. Legal aid is granted as long as you are self-dependent and not otherwise entitled to process financing can or must assert against the other party (-> Procedures on costs).
Depending on how the economic conditions represent VKH comes without or With Repayment of the financed procedural costs in installments (= Justice loans: § 120 ZPO). Further, the applicant is notified of the intended legal proceedings Lawyer attached, as far as the main proceedings attorney coercion exists (§ 78 Abs.1 FamFG). Consists no lawyer, § 78 para. 2 FamFG applies. According to this, the necessity of legal representation must be given special justification. The attorney’s fees are calculated by the attorney-in-law from the state treasury. He can not assert his claims for compensation against the party (§ 122 Abs.1 Nr. 3 ZPO). On Court on costs it is not necessary to provide for the desired procedure (§§ 14, 15, no. 1 FamGKG). The claim in the main case is delivered to the opposing party without advance payment.
Teachings by the lawyer
The mandate should only be accepted in conjunction with the following (demonstrable) evidence (according to Nickel, FamRB 2011, 114):
enlightenment of the client .
• that the granting of legal or legal aid involves the execution of a corresponding examination procedure, during which fees may already be charged to the client,
• In addition, granting process and legal aid is only a provisional one, Not necessary too final liberation resulting costs and fees
Note on case law. & literature
to amendment respectively. repeal the VKH permit due to the inflow of funds from the procedure won
- OLG Munich, Decision of 01.07.2014 – 4 WF 952/14
- BGH, Order of 18.07.2007 – XII ZA 11/07
- literature to change due to change in economic conditions ->HERE.
• that the court can only partially grant legal aid or legal costs, that the fee shares not taken over by the public purse are to be borne by the client himself,
• that the granting of legal or legal aid does not relate to the lodging of any necessary legal aid, but that the fees incurred in this respect must be paid by the client himself,
• that the granting of legal or legal aid can be revoked if the information provided by the client regarding his personal and economic circumstances is incorrect,
• that the court can review personally and economically 48 months after the authorization (4 years) and order the subsequent payment of the costs,
• that every essential -> change the financial circumstances must be communicated to the court through the lawyer, as well as any change of address,
• Any breach of these notification obligations may lead to the withdrawal of legal aid.
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