Advice assistance and legal aid: legal help on a low income

In short: People in Germany with a low income can still get legal advice and help in court. There is advice assistance (Beratungshilfe) for advice outside court proceedings and legal aid (Prozesskostenhilfe) for the proceedings themselves.

In more detail: Both are state benefits, and the court decides on them based on your personal and financial circumstances. They are meant to ensure that access to justice does not depend on how much money you have.

In detail

• Advice assistance: It covers advice and, if necessary, out-of-court representation by a lawyer, for example in a dispute with your landlord or about a decision from a public authority.
• Entitlement certificate: You usually apply at the local court (Amtsgericht) where you live; once approved, you take the certificate (Beratungshilfeschein) to a law firm of your choice.
• Own contribution: With advice assistance the law firm may charge a small fee; you can find out the current amount from the local court or the firm.
• Legal aid: It covers all or part of your own court and lawyer’s costs in court proceedings; in family matters it is called Verfahrenskostenhilfe.
• Requirements: As well as low income and assets, your case must have a reasonable prospect of success and must not appear frivolous.
• Application and form: The application includes a declaration of your personal and financial circumstances with supporting documents, for example on income, rent and maintenance obligations.
• Instalments possible: Depending on your income, aid is granted without repayment or with monthly instalments, and the court can review your circumstances later on.
• Limits: If you lose a civil case, you generally still have to pay the other side’s costs yourself, even with legal aid.
• Other places to go: Consumer advice centres (Verbraucherzentralen), tenants’ associations, trade unions and social welfare associations also offer advice; whether advice assistance or insurance suits your case is best clarified by talking to the relevant office (rechtsschutzversicherung-wann-sie-sich-lohnt, amtsgericht-familiengericht-und-rechtspfleger).