Advisory assistance and legal aid help those clients who do not have the financial means to conduct proceedings.
Advisory assistance
The advisory support is for advice from a lawyer or the out-of-court representation of interests. Advice can be requested from the local court where you live. The financial circumstances such as rent, income and maintenance obligations must then be proven. Advice can also be given to anyone who is employed but whose income is below the existing limit. Advice can also be requested directly from the lawyer. However, since a rejection can result in costs for the use of the lawyer and the advisory assistance must be requested before the lawyer can work, it is advisable to apply to the local court yourself.
The original of the advisory assistance certificate must then be given to the lawyer. The client then has to pay a maximum of EUR 15 for the work of the lawyer. The lawyer can then claim the advice as well as the extrajudicial activity with the state treasury.
The cost of counseling assistance cannot be reclaimed. This means that the client does not run the risk of being left with costs afterwards.
Legal aid
Legal aid (PKH), on the other hand, is intended for judicial proceedings. With the filing of a lawsuit, for example, the lawyer can apply for PKH on behalf of the client. Here, too, the financial situation is checked and it is ruled out that the procedure is arbitrary. The lawsuit can also be filed on the condition that PKH is approved, so that you do not run the risk of having to bear the costs yourself.
Once you have received PKH approval, the state treasury will cover the costs of the lawyer, the court costs and any expert costs. It should be noted, however, that the costs of the opposing lawyer are not covered by the PKH. Therefore, if you are defeated in the proceedings and have to (partially) bear the costs, the costs of the opposing lawyer must be paid from your own resources.
In addition, it should be noted that the PKH can be reclaimed within 4 years. You are therefore obliged to disclose your financial situation for 4 years. Since this is not a lump sum, as is the case with advisory assistance, but specific bills, if there is any doubt in the event of a high value in dispute, considerable costs for lawyer, court and, if necessary, an expert may be incurred. You should therefore check in advance, even with PKH, whether the cost risk is justified.
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