State support for legal problems

Counseling assistance allows financial support for people with low incomes for legal advice by a counselor [Beratungsperson] – (e.g. lawyers and tax advisors). Support is provided with a counselling certificate (“Beratungsschein”; similarly to a voucher)
Counselling is possible in almost all areas of law (in criminal law only with restrictions)

Counselling can include various activities. The counsellor can also take action on your behalf and draft letters, for example. If necessary, several consultations can take place with the same counselling certificate.
Counselling assistance covers ‘out-of-court representation’. In the event of legal proceedings, legal aid is available.

The requirements for receiving counseling assistance are:

• Neediness: You have a low income and few savings or assets.
• Necessity: You have tried and cannot solve the problem any other way. A person with a higher income would pay for counselling because it is necessary.
• Alternatives considered: You do not have legal expenses insurance that covers the problem. You have tried to find other advice, for example from:
  • Trade unions – especially on labour law issues,
  • Tenants’ associations [Mieterverein] – especially on questions of tenancy law,
  • o Authorities that provide advice, e.g. the immigration office [Ausländerbehörde], social welfare offices, employment agencies and youth welfare offices
• Legal status: You have not previously applied for counselling assistance in this matter.

You can submit the application verbally at the local court, by post, via your law firm or via the online service ‘Mein Justizpostfach’. You can complete the application online here.

• You must submit evidence of your income, savings and expenses. If you receive social aid (Sozialhilfe), a current notice is sufficient. If you have your own income or receive citizen’s allowance (Bürgergeld), you must prove your financial situation with the following documents:
  • Certificate of earnings or current citizen’s allowance notice
  • Bank statements for the last 3 months for all your accounts
  • If you have other income or fixed regular expenses not shown on the bank statements, please also provide evidence of these.
• Also submit documents relating to your legal problem. These documents will help the local court to determine whether your case qualifies for counselling assistance:
  • Letters or e-mails, e.g. from the landlord, job center, etc.
  • Letters or emails you have written about the matter as evidence of attempts to resolve the problem yourself or to find other legal advice.
  • Contracts or other documents relating to the legal relationship, such as tenancy agreement, purchase agreement, invoice or other documents
• If you submit your application to the local court in person you must identify yourself. Bring one of the following documents with you: identity card, passport and registration certificate, European identity card, residence permit or tolerated stay permit.
• If the requirements are met, the local court will issue a counselling certificate which you can use to see a counsellor of your choice. You will have to pay €15 the counsellor. However, some law firms waive the fee. You can find a counsellor on the websites of the bar associations [Rechtsanwaltskammern], for example . You can find more tips on finding a lawyer here.

• In Bremen and Hamburg, there is no counseling assistance. Here, advice is provided by public legal advice service (in Hamburg: Public legal information and settlement offices [Öffentliche Rechtsauskunfts- und Vergleichsstellen]; in Bremen: Bremen Bar Association [Bremischer Anwaltsverein] and Bremen Chamber of Employees [Arbeitnehmerkammer Bremen]).
• In Berlin, you can choose between public legal advice and counseling assistance, as described above. You can find public legal counselling on the websites of the district offices [Bezirksamt].