Legal advice
There are two federal support possibilities in case of legal dispute for citizens with a low income. They consist out of legal advice and in case necessary, getting legal representation.
On the one hand, there is the possibility of a counselling and representation in general, in a so called „out of court procedure“ (consulting assistance). On the other hand the personal accompaniment and representation within legal proceedings is at your avail. So called „legal aid“ may be made use from as well.
Counselling aid
Counselling aid is offered by consultants or advisors (lawyers as well as tax advisors and auditors. If retirement issues are concerned, there are also pension consultants). On short notice you can also contact a consultant of your choice, with a request for advice.
You are also being granted counselling aid by the district court. It issues an immediate disclosure as far as your concern can be complied with. The district court also points out other possibilities of aid. Apart from that, it takes your application for counselling aid or your explanation into account. The district court will provide you with the Certificate of Eligibility (Berechtigungsschein), in case necessary.
Counselling aid may be provided if one or more of the following legal field(s) is/are involved:
- civil law (for example rental law, traffic road accidents, family law)
- administrative law
- constitutional law
- criminal law, administrative offences
- labour law and social law
The application for counselling aid may be made orally, mondays to fridays from 9 am until 12 am, at the competent department of the district court or likewise in writing via an application form.
When applying please bring your ID-card, passport, or respectively a mandate along with you, in case you do not apply for yourself. Besides that, a proof of your income (payroll, AlG I and II notices, notice of the amount of one’s pension etc.) is needed as well as your current expenditures, payments such as rent, deductions for providers who check your economic circumstances. In addition, you should provide a comprehensive set of documents concerning your cause, at least as far as this is possible for you.
The counselling is charged with a fee. However, if your application is agreed to, the fees will be taken care for. Please keep in mind though, that in case your application is being denied and consulting has already taken place, costs and fees may have to be paid for by you personally. Also a fee of 15€ Euros can be charged by the consultant, in case your application was accepted and costs were absorbed.
For the county of Schleswig-Flensburg, two district courts are competent:
Legal aid
In case that an out-of-court settlement cannot be reached, additional aid can be applied for.
The conditions to apply for aid are the following:
- the applicant (Gender does not matter) is not able to raise the necessary funds for their process control, her or his case in a court of law because of their personal and / or economic circumstances,
- the intended legal defence or prosecution does have a plausible prospect to be successful and
- the intended legal defence or prosecution is not intentional or wilful.
For any additional information concerning the legal proceedings please see the prior topic counselling aid.