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Legal Aid
Lawyer Tax Consultant Potsdam Berlin
Point Lawyer Potsdam Tax ConsultantDownload notices regarding legal aid as PDF document
Why legal aid?
A lawsuit before a court costs money. A person who intends to file a suit generally has to pay court costs for the suit. If the law prescribes that an attorney is required, or if an attorney is necessary for other reasons, these are additional expenses. The same costs are incurred by a party who has to defend itself against a lawsuit.
By granting legal aid, parties who are unable to defray these expenses are supposed to receive help to pursue or defend their rights.
Who receives legal aid?
The law prescribes:
    "A party, who, because of his/her personal and financial status, is unable to fully or partially (in instalments) defray the costs of a lawsuit, is granted legal aid if the intended pursuit or defense of his/her rights offers sufficient prospect of success and does not appear to be wanton."
Subsequently, a claim to legal aid has, who
  • must conduct a case and is unable to defray the related expenses, and
  • has, in the opinion of the Court, a good chance to win the case.

A claim to legal aid or an action is not given if the costs of the action are being paid by a Legal Protection Insurance or another agency.

Legal aid cannot be granted if the spouse or, if an unmarried child is involved, the parents or one parent has to pay for the costs because of legal maintenance responsibility.
What is legal aid?
The legal aid has the effect that a party does not have to make any payments or pay off in instalments the court costs and the costs of his/her attorney depending on his/her personal and financial status. If applicable, one party may, at the most, pay up to a maximum of 48 monthly instalments, the amount of which will be determined by law.

The legal aid covers the attorney's fees if the Court appoints a lawyer as the assistant of a party. This has to be requested separately. The lawyer must be principally admitted to the Court. If this is not the case, the Court can only meet the request to appoint an assistant if the lawyer does not insist on being paid the extra costs.

If the status of a party improves considerably, he/she may be ordered later to pay a share of the costs up to four years after the end of the lawsuit, possibly up to the full amount of the court costs and your lawyer's fees. If your status changes for the worse, an alteration of instalment rates in your favor is possible.
What risks have to be taken into consideration?
A person who must conduct a lawsuit should first obtain specific information on the amount of court costs and lawyer's fees. This also applies to the legal aid. It does not exclude every risk of costs. The legal aid does not include those costs the opposite party spends on the lawsuit, e.g. for its attorney. If one party loses the case he/she usually has to pay for the expenses of the opposite party even though he/she has been granted legal aid. One exception applies to a lawsuit in a Labor Court: In this case the losing party in the first instance does not have to pay for the expenses of the opposite party's attorney.

Expenses are already incurred by an attorney for the lawsuit to be granted legal aid.

These expenses have to be paid by the party if its request for financial support is turned down. The same applies to already incurred and expected court costs.
How does one obtain legal aid?
It is necessary to submit a request. The nature of the lawsuit must be described explicitly and completely in the request. The Court must be able to derive from the request a conclusive proof for an "adequate chance of success" (see above). Evidence has to be listed. As far as these questions are concerned you should consult with a lawyer. Let him/her inform you about the law concerning advice, which stipulates that people with a low income or assets have a claim to free or cheap legal advice and out of court representation.

The request has to be accompanied by a Statement concerning the Personal and Financial Status (family relations, profession, assets, income, and encumbrances). as well as pertinent receipts. The attached printed form must be used for that statement. Legal aid can principally only be granted for the time period after submission of the complete request, to include this statement and all necessary receipts.

With granting legal aid, the Court has at its disposal funds that are raised by the public through taxes. Therefore, the Court must verify that a claim to legal aid does really exist. The printed form is supposed to facilitate this verification. Please understand that you have to explain your personal and financial status.

Please attach the necessary receipts, which should be up to date, number them and enter the number in the pertinent square on the margin.

Missing receipts may result in a denial of legal aid. Incomplete or false information may cause its cancellation and the later payment of the costs that were incurred in the meantime. Deliberate false or incomplete information may result in criminal prosecution.