Advisory Assistance Unfortunately this specification of service has not yet been completely translated.

An application for advisory assistance can be made by anyone who cannot cover the costs of legal advice outside of legal proceedings.

Legal advice and the conduct of legal proceedings are subject to a fee. Anyone who is unable to raise the necessary financial resources for personal and economic reasons has the opportunity to apply for legal aid.

Counselling assistance:
Advisory assistance is granted on request under certain conditions for the exercise of rights outside judicial proceedings. It can be granted in the following areas of law:


  • Civil law (e.g. tenancy law, traffic accidents, family law),
  • Administrative law
  • Constitutional law
  • Criminal law, administrative offences law and
  • Labour and social law.

Preconditions:

  • The person seeking legal assistance cannot raise the funds necessary for legal advice in accord according his or her personal and economic circumstances,
  • there are no other means available for assistance, the use of which is reasonable for the person seeking justice, and
  • the exercise of rights is not wanton.

Procedure:
The person seeking legal assistance must submit an application for counselling assistance. For this purpose, he or she can contact the legal application office of the competent local court. In doing so, the person seeking justice must submit a declaration of his or her personal and economic circumstances. If the conditions for the granting of counselling assistance are met, the local court may issue a counselling assistance certificate. With a counselling assistance certificate, the person seeking legal advice can then visit a lawyer of his or her choice and seek legal advice free of charge.

Alternatively, the person seeking legal advice can visit a lawyer directly, describe his or her personal and economic circumstances and request advice. The lawyer can then subsequently submit the application for advice in writing to the district court.
 

Legal aid:
Legal aid is granted on application for the exercise of rights in judicial proceedings.

Preconditions:


  • the applicant cannot raise the funds necessary for litigation in accordance with his or her economic and personal circumstances,
  • the intended legal defence or prosecution has a reasonable prospect of success and
  • the intended legal defence or prosecution is not wilful.

Application forms for applying for counselling assistance can be obtained from the legal application office of the competent local court.

Application forms for the application for legal aid can be obtained from the court competent for the respective dispute.

Hints

Further information on counselling assistance and legal aid can be found on the websites of the State Government of Schleswig-Holstein and the Federal Ministry of Justice and Consumer Protection (BMJ).

  • Legal aid
  • Advisory Assistance
  • Act on Legal Advice and Representation for Low-Income Citizens (RBerHG),
  • § 114 et seq. of the Code of Civil Procedure (ZPO).

Related Links

  • RBerHG
  • §§ 114 ff. ZPO

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