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 Low-Income Citizens (Advisory Assistance Act-BerHG)

Non-official table of contents

BerHG

Date of departure: 18.06.1980

Full quote:

" Advisory Assistance Act of 18. June 1980 (BGBl. 689), as last amended by Article 2 of the Law of 31 December 1991. August 2013 (BGBl. I p. 3533) "

:Last modified by Art. 2 G v. 31.8.2013 I 3533

For details, see the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1981 + + +)
(+ + + Custom-made measures for Beigetr. Five countries, see Advisory HiG attachment EV + + +)

Heading: Legalabbreviation. by Art. 2 No. 1 G v. 15.12.2004 I 3392 mWv 21.12.2004
The G is in the acceding five countries (Art. 1 (1) EinigVtr) gem. L. I chap. III Sachg. A Sect. III No 10 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 927 entered into force with measures; in the part of the Land of Berlin, in which the Basic Law has not been applied until now, it is subject to the following conditions: Sect. IV No. 2 Buchst. g EinigVtr without measures Non-official table of contents

§ 1

(1) Help for the exercise of rights outside of a court proceedings and in the mandatory quality procedure pursuant to Section 15a of the Act concerning the introduction of the Code of Civil Procedure (Counseling Assistance) is granted upon request, if
1.
the job-seekers must have the necessary funds according to their personal and economic circumstances
2.
No other means are available for assistance to be granted to the right-seeker,
3.
the use of the advisory assistance does not seem willingly.
(2) The conditions set out in paragraph 1 (1) are given when the legal aid is granted to the applicant for legal aid. provisions of the Code of Civil Procedure without their own contribution to the costs. The possibility of being advised or represented by an attorney free of charge or against an agreement of a success monitor shall not be any other way of assistance within the meaning of paragraph 1 (2).(3) Mutwilliness is to be taken into account when consulting assistance is used, although a legal seeker who does not claim advice would, in the case of a permanent assessment of all circumstances of the legal matter, dismiss it, at its own expense legally counsel or to be represented. The assessment of the mutuality shall take into account the knowledge and skills of the applicant and the particular economic situation of the applicant. Non-official table of contents

§ 2

(1) The counseling assistance consists of advice and, where necessary, representation. A representation is required if, after deliberation, the requesting person cannot exercise his rights himself, given the extent, difficulty or importance of the legal matter for him.(2) Consultative assistance under this Act shall be granted in all legal matters. In matters relating to criminal law and the law on the law of order, only advice shall be granted.(3) Assistance under this Act shall not be provided in matters in which the law of other States is to be applied, provided that the facts do not have a relationship with the national territory. Non-official table of contents

§ 3

(1) Counseling assistance is provided by lawyers and legal counsel who is a member of a bar are granted. In the scope of its respective power of legal advice, it is also granted by
1.
Tax Consultant and Tax agent,
2.
Auditor and sworn accountant, and
3.
Pension advisors.
You can also be granted through the persons mentioned in sentences 1 and 2 (advisors) also in counseling offices, which are based on an agreement with the National justice administration is established.(2) The advisory assistance may also be provided by the local court, insofar as the request can be met by an immediate information, an indication of other possibilities for the assistance or the acceptance of an application or a declaration. Non-official table of contents

§ 4

(1) The county court, in whose district the legal seeker is in the district court, decides on the request for advice. the general place of jurisdiction. If the legal seeker does not have a general place of jurisdiction in Germany, the district court has jurisdiction in the district of which there is a need for advice.(2) The application may be submitted orally or in writing. The facts for which advice is requested shall be indicated.(3) The application shall be accompanied by the following:
1.
a statement of the right-seeker about his personal and economic circumstances, in particular information relating to marienal status, occupation, assets, income and loads, as well as corresponding receipts and
2.
insurance of the The Court of First Instance held that, in the same matter, the Court of First Instance did not grant him any advisory assistance in the same matter, nor has it been denied by the Court of First Instance, and that there was no legal proceedings pending in the same matter.
(4) require the rightholder to make his actual information credible and, in particular, may also require the levy of an insurance on oath instead. It may make surveys, in particular order the presentation of documents and obtain information. Witnesses and experts will not be heard.(5) Where, within a time-limit set by the court, the applicant has failed to provide evidence of his or her personal and economic circumstances, or has not answered certain questions or inadequately answered certain questions, the Court of First Instance rejects the (6) In cases of subsequent application (Section 6 (2)), the adviser may require the person seeking advice to prove his/her personal and economic circumstances before commencement of the advisory assistance. Declares that, in the same matter, he has so far not been given advice or has been denied by the Court of Justice, and that no legal proceedings have been or have been pending in the same matter. Non-official table of contents

§ 5

The procedure is governed by the provisions of the Law on the Procedure in Family Matters and in the Matters of voluntary jurisdiction, unless otherwise provided in this Act. § 185 (3) and § 189 (3) of the Law of the Court of Justice shall apply accordingly. Non-official table of contents

§ 6

(1) If the conditions are met for the provision of advisory assistance, the matter will not be met by the In the case of a court of law, the district court shall issue to the requesting person, under the exact name of the matter, an authorisation certificate for advice by an adviser of his or her choice.(2) If the person seeking advice turns directly to an adviser on the basis of advice, the application for the approval of the advisory assistance may be subsequently submitted. In such a case, the application shall be submitted no later than four weeks after the start of the counselling service. Non-official table of contents

§ 6a

(1) The court may suspend the approval of the office if the conditions for the assistance to be provided to the court are met. The date of the authorisation has not been provided and no more than one year has passed since the authorization.(2) The adviser may apply for the waiver of the authorization if the person seeking the right has obtained something on the basis of the advice or representation for which he has been authorised to provide advice. The application can only be submitted if the adviser
1.
does not yet receive a counseling assistance allowance after § 44, first sentence, of the Law Remuneration Act has applied for and
2.
the right-wing applicant for the possibility of submitting an application and the repeal of the application the authorization and the consequences of the remuneration in accordance with Article 8a (2) in text form.
The Court of First Instance annuls the decision on the granting of advisory assistance after consultation of the right-seeker, if the person concerned has been informed of the The reason for the granting of advice no longer fulfils the conditions for the personal and economic circumstances of the granting of advisory assistance. Non-official table of contents

§ 7

The decision to reject the application for approval or to reject the application for an advisory assistance. If the person is granted an office of office or at the request of the adviser, it is only the memory of the person who is responsible. Non-official table of contents

§ 8

(1) The remuneration of the adviser depends on the rules of the advisory service applicable to the advisory service. Law of the law of attorney-law. The adviser, who is not an attorney, is equal to a lawyer.(2) The granting of advisory assistance shall have the effect that the adviser may not be entitled to compensation for the right to remuneration, with the exception of the advisory assistance fee (§ 44 sentence 2 of the Lawyer's Law Remuneration Act). This also applies in the case of subsequent application (§ 6 (2)) until the decision by the court. Non-official table of contents

§ 8a

(1) If the advisory support is waiver, the counsel's claim for remuneration shall remain against the State treasury is unaffected. This does not apply if the adviser
1.
was aware of or grossly negligent ignorance of the fact that: The conditions for approval at the time of the assistance assistance were not available, or
2.
requested the cancellation of the advisory assistance itself (§ 6a paragraph 2).
(2) The adviser may require the right-seeking remuneration in accordance with the general rules if they are
1.
no fee from the state's treasury is required or retained and
2.
the right-looking at the Assumption of mandate on the possibility of waiver of the authorization as well as of the consequences for the remuneration.
To the extent that the legal seeker fee (number 2500 of Appendix 1 of the ), it is to be calculated on the remuneration claim.(3) Where the authorization of the advisory assistance is cancelled because the personal and economic conditions for this have not been fulfilled, the State Treasury may reimburse the applicant for reimbursement of the assistance provided by it to the adviser and from of the amount withheld.(4) If, in the case of subsequent application, advice is not granted, the adviser may require the right-seeking remuneration in accordance with the general rules if he has referred him to the term of office. The second sentence of paragraph 2 shall apply accordingly. Non-official table of contents

§ 9

If the opponent is obligated to replace the right-seeker with the cost of the exercise of his rights, he/she shall be responsible for the Activities of the adviser to pay the remuneration in accordance with the general rules. The claim is based on the adviser. The transition cannot be claimed to the detriment of the right-seeker. Non-official table of contents

§ 10

(1) In cases of cross-border disputes under Council Directive 2003 /8/EC of 27 June 2007, the European Parliament and the Council of the European Union January 2003 on the improvement of access to justice in cross-border disputes by establishing minimum common rules on legal aid for such disputes (OJ L 327, 28.3.2003, p. EC No 41, OJ L 124, 20.4.2002, p. EU No 15), guidance is provided to
1.
for pre-processual legal advice with regard to: An out-of-court dispute resolution,
2.
for assistance in the case of an application pursuant to § 1077 of the Code of Civil Procedure until the request is made in the Member State of the court .
(2) § 2 (3) shall not apply.(3) § 1077 of the Code of Civil Procedure shall apply mutas to the transmission of applications for cross-border advice.(4) The District Court, referred to in Article 4 (1) sentence 2, shall be responsible for incoming requests for cross-border advisory assistance. Section 1078 (1) sentence 2, subsection 2 sentence 2 and section 3 of the Code of Civil Procedure shall apply accordingly. Non-official table of contents

§ 10a

(1) In the case of maintenance items pursuant to Council Regulation (EC) No 4/2009 of 18 June 2009, the following information is available in the following: 1 December 2008 (OJ C 327, 1), the provision of advisory assistance in the cases referred to in Articles 46 and 47 (2) of this Regulation shall be granted irrespective of the applicant's personal and economic circumstances.(2) In the case of outgoing requests in maintenance matters for cross-border assistance in accordance with Section 10 (1), the District Court shall be responsible at the seat of the Oberlandesgericht in whose district the applicant has his habitual residence. The court referred to in the second sentence of Article 4 (1), second sentence, shall be responsible for incoming requests. Non-official table of contents

§ 11

The Federal Ministry of Justice is authorized to simplify and standardize the procedure by Legal regulation with the consent of the Federal Council for the introduction of forms for the application for the granting of advisory assistance and payment of the remuneration of the counsellor after the conclusion of the advisory assistance and to prescribe the use of such assistance. Non-official table of contents

§ 12

(1) In the countries of Bremen and Hamburg, the introduced public legal advice is replaced by the Advisory assistance under this law, if and insofar as the country law determines nothing else.(2) In the Land of Berlin, the right-seeker has the choice between the use of the public legal advice and advisory assistance provided there under this law, if and to the extent that the country law determines nothing else.(3) Countries may, by law, determine the exclusive competence of advisory bodies in accordance with Section 3 (1) for the provision of advisory assistance.(4) The advisers of the public legal counsel who have the qualifications to the judge's office shall be obliged to secrecy in the same way as an attorney-at-law and shall have the right to obtain the written consent of the person seeking advice; To obtain information from files and to inspect files. Non-official table of contents

§ 13

Is the application for advice before the 1. The advisory assistance was submitted in January 2014 or is before 1 January 2014. This law has been granted by 31 January 2014. December 2013. Non-official table of contents

§ 14 Entry into force

This law occurs with the exception of § 14 on 1. It was in force in January 1981. § 14 shall enter into force on the day after the announcement.