Applying for counseling and legal aid

If you wish to apply for legal aid, you can do so yourself or via your lawyer. If you are granted legal aid, you will receive a certificate of eligibility. You can use this to contact a lawyer of your choice. If you consult a lawyer first, he or she can also subsequently apply for the granting of legal aid. You can submit an application for legal aid/procedural costs assistance yourself or via your lawyer.

Counseling assistance can be granted directly by the local court if the request can be met by immediate information, a reference to other possibilities for assistance or the inclusion of an application or declaration. Otherwise, it is provided by lawyers and persons authorized to provide legal advice. Legal aid/procedural cost assistance must be applied for at the court where the lawsuit/proceedings are being or are to be conducted.

You can find the court responsible for your location and your matter in the local and court directory, which is maintained jointly by the federal government and the federal states.

• Local and court directory - Federal and state justice portal

For the counseling assistance:

• You can the necessary funds for pre-trial legal advice according to your personal and economic circumstancescircumstances,
• otherother options for assistancethe utilization of which you is reasonable, are not available available (e.g. debt counseling)and
• the use of counseling assistance appears not wilful.

For the granting of legal aid-/proceduralcost assistance:

• You can obtain the necessary funds for the legal proceedings for which assistance is requested, due to your personal and financial circumstancescircumstances,
• dthe intended legal action or legal defense has adefense has a prospect of success and
• dthe exercise of therights is not willful.

• Proof of income (salary certificate, pension certificate, social welfare certificate, etc.)
• Proof of current costs
• In the event of an application for legal aid/procedural costs assistance, the dispute must be described in detail

If legal aid is not already granted by the local court, but by a counselor, the counselor can charge the applicant 15.00 euros for their advice, even if a certificate of eligibility is available. Further fees may be incurred if your application for legal advice assistance is rejected after legal advice has already been provided or if the approval of legal advice assistance is revoked.

No court fees are incurred in the first instance in legal aid/legal aid review proceedings. As a rule, legal representation does not receive any separate remuneration for these proceedings. However, in the event of a defeat in proceedings, legal aid/procedural aid does not cover the costs of the opposing lawyer.

If legal advice has already been given, the application for advice assistance must be received by the local court within 4 weeks of the start of the consultation, otherwise it will be rejected.

• § 114 ff. Code of Civil Procedure (ZPO), if applicable in conjunction with § Section 76 FamFG
• Counseling Assistance Act (BerHG)
• Implementing provisions on legal and procedural cost assistance and deferral of the costs of insolvency proceedings (DB-PKH)

Only a reminder is admissible against the decision by which the application for legal aid is rejected or by which the approval is revoked ex officio or at the request of the counselor.

• Application for counseling assistance
• Application for legal aid

The approval of legal aid can be revoked if the information provided is initially incorrect or if you gain assets through legal aid. If legal aid/procedural aid is granted, the court may review whether your financial circumstances have changed significantly up to four years after the conclusion of the proceedings, which may result in changes to the decision granting the aid. If you fail to comply with your reporting obligations, the approval of legal aid/procedural aid may be revoked. The same applies if the information provided is incorrect and you are seriously in arrears with the payment of ordered installments.

Legal advice centers also provide free legal advice to needy citizens in Rhineland-Palatinate. You can find more information and advice centers below:

• Where can I find advice centers?

19.12.2022