Law On Legal Advice And Representation For Citizens With Low Incomes

Original Language Title: Gesetz über Rechtsberatung und Vertretung für Bürger mit geringem Einkommen

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Law on legal advice and representation for citizens with low incomes (counselling assistance Act - BerHG) BerHG Ausfertigung date: 18.06.1980 full quotation: "consulting assistance Act of 18 June 1980 (BGBl. I p. 689), most recently by article 2 of the Act of August 31, 2013 (BGBl. I S. 3533) is changed" stand: last amended by art. 2 G v. 31.8.2013 I 3533 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.1981 +++) (+++ stipulations for beigetr. five countries see BeratHiG annex EV +++) heading: eingef legal abbreviation. by article 2 No. 1 G v. 15.12.2004 I 3392 mWv 21.12.2004 the G is in the joined five countries (article 1 para. 1 EinigVtr) ACC. Encl. I Cape. III Sachg. A section III No. 10 EinigVtr v. 31.8.1990 in conjunction with art. 1 G v. 23.9.1990 II 885, 927 with stipulations come into force; in the part of the State of Berlin, in which the basic law not previously, it is accordance with section IV No. 2 book. g EinigVtr without stipulations of § 1 (1) assistance for the exercise of rights outside of legal proceedings and in the compulsory conciliation proceedings pursuant to section 15a of the Act relating to the introduction of the code of civil procedure (advice and assistance) is granted on request if 1 the applicant not can muster the necessary funds for its personal and economic circumstances, 2. no other possibilities for assistance available, their claiming to expect the party , 3. the use of the advice and assistance is not malicious.
(2) the requirements of paragraph 1 No. 1 are given, if aid were to grant the party according to the rules of civil procedure without own contribution to the costs. The possibility to be represented or advised by a lawyer free of charge or against a contingency fee agreement is no other way of aid within the meaning of paragraph 1 number 2 exists (3) maliciously when legal assistance in claim is included, although a Rechtsuchender who claimed no legal assistance, would see off with reasonable appreciation of all the circumstances of the legal matter of which to himself at his own expense legal advice or represent. In assessing the violations are the knowledge and skills of the applicant and its special economic situation into account.

Section 2 (1) is the advice in consultation and, where necessary, representation. Representation is required, if the applicant can exercise his rights not even following the advice in the face of the scope, the difficulty or the importance of the legal matter for him.
(2) advice and assistance is granted under this Act in all legal matters. Only advice is granted in matters of criminal law and administrative law.
(3) advice and assistance is not granted under this Act in matters in which the right of other States to apply is if the issue has no relationship to the domestic.

§ 3 (1) Advisory assistance shall be granted by lawyers and legal aid attorneys who are members of a Chamber of lawyers. In the scope of their respective powers to the legal advice is also accorded through 1 tax consultants and tax agents, 2 Auditors and sworn auditor 3. pension consultants.
She may be granted by the persons referred to in sentences 1 and 2 (consulting) in counseling centers that are set up on the basis of an agreement with the land administration of Justice.
(2) advice and assistance may be granted by the District Court as far as the concern can be met through immediate information, a note on other ways to help, or the inclusion of an application or a declaration.

§ 4 (1) on the application for legal aid shall decide the District Court in whose district the applicant has his general jurisdiction. The applicant in Germany has no general place of jurisdiction, so the District Court is responsible, occurs in whose district a need for advice and assistance.
(2) the application may be made orally or in writing. The facts, for the advice and assistance is requested, shall be indicated.
(3) the application shall be accompanied by: 1. a statement of the party about his personal and economic relations, in particular information on marital status, occupation, assets, income and expense, as well as supporting documents and 2. insurance of the party, that him in same issue advice and assistance so far granted nor denied by the Court have been is, and that same matter is pending or was not a court based procedure.
(4) the Court may require that the applicant makes credible his actual information, and may request in lieu of oath in particular also providing insurance. It can make surveys, arrange in particular the presentation of documents and information. Witnesses and experts are not heard.
(5) the applicant did not credible information within a time limit specified by the Court about his personal and economic relations or not certain questions or so the Court insufficient answers, rejects the granting of legal aid.
(6) in the cases of subsequent submission (§ 6 paragraph 2) the consulting person prior to the advice and assistance may require that the applicant occupies his personal and economic relations, explaining that him in same issue advice and assistance so far granted nor denied by the Court have been is, and that same matter is pending or was not a court based procedure.

§ 5 of the procedure of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply mutatis mutandis unless otherwise provided in this Act. Section 185, paragraph 3 and article 189 para 3 of the courts act shall apply mutatis mutandis.

§ 6 (1) the conditions for the granting of legal assistance exist and is the matter is not done by the District Court, the District Court issues a permission slip for advice and assistance by a consulting person of his choice the party by giving an exact description of the matter.
(2) if the applicant for legal aid applies directly to consulting person, the application for approval of legal assistance can be placed later. In this case, the application is not later than four weeks after the start of the consulting help to make.

Section 6a (1) may waive the grant officio the Court, if the prerequisites for the advice and assistance at the time of authorisation have not been, and not more than one year has passed since the approval.
(2) the consulting person may apply for the cancellation of the permit if the applicant on the basis of the advice or representation for which legal assistance was granted, has achieved something. The application can only be made if the consulting person 1 has requested yet no advisory assistance compensation according to § 44 sentence 1 of the lawyer Compensation Act and 2. pointed out the party when the mandate on the possibility of the application and the abolition of the authorisation and the consequences resulting for the remuneration pursuant to Article 8a, paragraph 2 in text form.
The court overrules the decision on the granting of legal assistance after hearing of the party, if it no longer meets the requirements in terms of personal and economic conditions for the granting of legal aid on the basis of the obtained.

§ 7 against the decision is rejected by the the request for legal advice and assistance or by the approval on its own initiative or at the request of rescinded the consulting person, is granted only the memory.

Article 8 (1) the remuneration of the consulting person depends on the rules applying to the advice and assistance of lawyers remuneration act. The consulting person who is not a lawyer, is equivalent to a lawyer in that regard.
(2) the granting of legal aid causes that the consulting person against the party may assert no claim to remuneration except the consulting help fee (§ 44 sentence 2 of the lawyers remuneration Act). This applies also in cases subsequent submission (§ 6 paragraph 2) up to the decision by the Court.

section 8a (1) the consulting help permit is cancelled, the consulting person against the Treasury's claim for payment shall remain unaffected. This does not apply if the consulting person 1 had knowing or grossly negligent ignorance of them, that authorisation at the time of the Advisory assistance were not available, or 2 has requested the lifting of the advice itself (§ 6a paragraph 2).
(2) the consulting person can demand compensation under the General rules by the party, if she 1 requires no compensation from the State Treasury or withhold and 2nd on the possibility of lifting the license, as well as on the consequences resulting for the tariff has pointed out the party in the adoption of the mandate.
As far as the applicant has already made the consulting help fee (number 2500 of Appendix 1 of the lawyer Compensation Act), it is on the remuneration to offset.
(3) if the grant of legal aid is repealed because the personal and economic preconditions for this have not been, can refund the State Treasury by the party of the consulting person paid by you and demand of this withheld amount.
(4) is not granted in the case of any subsequent submission of the advice and assistance, the consulting person of the party can demand compensation according to the General regulations, if she has advised him when the mandate this. Paragraph 2 sentence 2 shall apply accordingly.

§ 9 the opponent is obliged to reimburse the costs of exercising his rights to the party, he has the remuneration for the work of the consulting person under the General rules to pay. The claim is transferred to the consulting person. The transition may not be relied upon to the detriment of the party.

Article 10 (1) in cases with cross-border implications under Directive 2003/8/EC of the Council of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes (OJ EC No. L 26 p. 41, OJ EU no. L 32 S. 15) 1 for the pre-litigation advice with regard to a non-judicial dispute resolution, provided advice and assistance 2. for assistance with an application according to § 1077 of the civil procedure code, is entered to the request in the Member State of the place of jurisdiction.
(2) section 2 paragraph 3 does not apply.
(3) section 1077 of the civil procedure code shall apply accordingly for the transmission of applications for cross-border advice and assistance.
(4) for incoming requests for cross-border legal aid, the Court referred to in article 4, paragraph 1, sentence 2 is responsible. Section 1078 para 1 sentence 2, para 2 sentence 2 and paragraph 3 of the code of civil procedure shall apply mutatis mutandis.

Article 10a (1) in matters relating to maintenance according to the Regulation (EC) No 4 / 2009 of 18 December 2008 (OJ OJ L 7 of the 10.1.2009, p. 1) the provision of advice and assistance in the cases of articles of 46 and 47 (2) this regulation is independent of the personal and economic circumstances of the applicant.
(2) for outgoing requests in matters on cross-border legal assistance according to article 10, paragraph 1, the District Court at the seat of the higher regional court, in whose district the applicant is habitually resident, is responsible. The Court referred to in article 4, paragraph 1, sentence 2 is responsible for incoming requests.

§ 11 that is Ministry of Justice authorized, to simplify and standardise the procedure by decree with the consent of the Federal Council of the consulting person after to prescribe forms for the application for granting of legal assistance and on payment of statements of advice and assistance to introduce and use.

§ 12 (1) in Bremen and Hamburg is introduced public legal advice in the place of the advice and assistance under this Act, if and insofar as the national law States otherwise.
(2) in the Federal State of Berlin, the applicant has the choice between the use of there introduced public legal advice and legal assistance pursuant to this Act, if and insofar as the national law States otherwise.
(3) the countries determine the exclusive competence of advisory bodies according to § 3 paragraph 1 to provide advice and assistance by law.
(4) the public legal advice, consultants who have the qualification of judgeship, are similarly to how an appointed lawyer is obliged to secrecy and with the written consent of seeking advice is entitled to obtain information from files and documents.

§ 13 the application for advice and assistance is sent before January 1, 2014 or the advice and assistance has been granted before 1st January 2014, is this Act in the version applicable up to 31 December 2013 to apply.

§ 14 entry into force this law enters into force with the exception of section 14 on 1 January 1981. § 14 enters into force on the day after the announcement.