🤝 Legal advice assistance and legal aid
In brief
Legal advice assistance (Beratungshilfe) covers advice and, if necessary, representation out of court. This includes disputes with authorities. You apply for it at the local court (Amtsgericht).
The personal contribution is 15 euros. It can be waived.
In Bremen and Hamburg, public legal advice takes the place of legal advice assistance; in Berlin you have a choice (§ 12 Abs. 2 BerHG): if you choose legal advice assistance, you get the authorisation voucher from the local court (not checked in full text).
For court proceedings there is legal aid (Prozesskostenhilfe). Conditions: you cannot pay the costs or can only pay them in instalments, the action has sufficient prospects of success and is not frivolous.
Step by step
- Check the requirementsIncome, assets and no other reasonable help.
- Apply for legal advice assistanceAt the local court; authorisation voucher for the lawyer.
- Or go to a lawyer firstApply no later than four weeks after the work begins.
- PKH in the proceedingsApplication to the trial court with a declaration of income and assets.
Deadlines
- In Bremen and Hamburg, public legal advice takes the place of legal advice assistance; in Berlin you have a choice (§ 12 Abs. 2 BerHG): if you choose legal advice assistance, you get the authorisation voucher from the local court (not checked in full text).
- Legal advice assistance applies in all legal matters; in criminal and administrative offence law, advice only (§ 2 Abs. 2 BerHG).
- Deadlines in objection and court proceedings keep running even if legal advice assistance or PKH has been applied for.
- PKH can mean paying in instalments (§ 114 ZPO).
- False statements about income and assets can have consequences.
In depth · legal basis, figures and practice – for advisers and professionals
Legal advice assistance
§ 1 Abs. 1 BerHG: Legal advice assistance is granted if persons seeking legal advice cannot raise the necessary funds given their personal and financial circumstances, no other reasonable help is available and using it does not appear frivolous. Under § 2 BerHG it comprises advice and, where necessary, representation, in all legal matters (criminal and administrative offence law: advice only). The personal contribution of 15 euros (fee no. 2500 VV RVG) can be waived; the Kostenrechtsänderungsgesetz 2025 (Cost Law Amendment Act 2025) did not change no. 2500 (no. 2501: 42 euros, no. 2503: 102 euros). In Bremen and Hamburg, public legal advice takes the place of legal advice assistance (§ 12 Abs. 1 BerHG); in Berlin there is a right to choose (§ 12 Abs. 2 BerHG). Under § 6 BerHG the local court issues an authorisation voucher; if the person seeking advice first turns to an adviser, the application must be made no later than four weeks after the legal advice assistance work begins.
Legal aid
§ 114 Abs. 1 ZPO: A party who, given their personal and financial circumstances, cannot pay the costs of litigation, or can pay only in part or in instalments, receives legal aid on application if pursuing their rights offers sufficient prospects of success and does not appear frivolous. § 166 VwGO applies in administrative court proceedings and § 73a SGG in social court proceedings, each with reference to the ZPO.
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