Counseling assistance; application

You can apply for legal aid if you do not have the necessary funds for legal assistance in out-of-court proceedings or mandatory conciliation proceedings.

Counseling assistance is legal advice and, if necessary, representation of a person seeking legal assistance outside of court proceedings and in mandatory conciliation proceedings in accordance with the Bavarian Conciliation Act (BaySchlG).

The local court can provide legal advice itself, e.g. by providing immediate information, referring to other possibilities for help (e.g. social insurance institutions, insurance offices, insurance elders, tax offices, district administrative authorities, municipalities or associations of independent welfare organizations) or by taking an application or declaration.

Otherwise, the person seeking legal assistance will be issued with a certificate of entitlement by the local court, which they can use to engage a counselor of their choice. Such advisors are lawyers and legal advisors who are members of a bar association, as well as tax advisors, tax agents, auditors, sworn accountants and pension advisors within the scope of their respective authorization to provide legal advice.

The legal advisors are generally obliged to accept the legal advice granted by the local court. It can only be refused in individual cases for good cause.

Advice assistance generally covers all legal matters. In matters of criminal law and administrative offense law, however, only advice - i.e. no representation - is granted. If the facts of the case have no connection to Germany and the law of other countries is applicable, no advisory assistance is provided.

• Declaration and supporting documents on personal and financial circumstances, e.g. proof of income

  e.g. proof of income

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 legal advisor directly, the application for the granting of legal assistance can be made retrospectively. 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.

A fee of EUR 15 is payable for the consultation, which can also be waived.