Apply for counselling assistance in extrajudicial proceedings

You have several options for obtaining counselling assistance:

You can apply for counselling assistance at the legal application office of the competent local court. The Rechtspfleger or Rechtspflegerin of the Rechtsantragstelle will advise you if your matter can be dealt with directly, for example by

• immediate information,
• a reference to other possibilities for help or
• the inclusion of an application or declaration.

Otherwise, the Legal Applications Office will check whether you fulfil the legal requirements and issue you with an advice assistance certificate. This allows you to seek advice from a lawyer of your choice.

The counselling aid certificate only allows you to obtain legal advice from a lawyer. You can only claim representation by a lawyer if this is necessary to protect your rights.

If you make the application in writing, you must provide the following information on a form provided for this purpose

• about yourself,
• your income situation,
• your assets and individual assets,
• the housing costs,
• the maintenance payments for legal dependants and
• any special burdens (e.g. due to physical disability or high payment obligations).

You can also complete the application for counselling assistance digitally on the website of the Federal Ministry of Justice and Consumer Protection (Onlinedienste der Justiz). You are supported in doing so in simple language by better explanations and a well thought-out query in which only the questions relevant to your case are asked.

At the end of the digital application, you can download the completed application as a PDF document. You can then either submit this electronically via the online service"My Judicial Mailbox" (MJP) or print it out and submit it by post or in person to the local court.

The website also contains information on how to submit the application and the required documents, a court finder and tips for finding a lawyer. You can quickly and easily find out whether you are entitled to counselling assistance in a preliminary check for counselling assistance.

You can also consult a lawyer directly instead. You must explain your personal and financial circumstances to the lawyer. You must affirm that you have not previously been granted or refused counselling assistance by the local court in the same matter. The lawyer will subsequently submit the application for counselling assistance to the court.

Alternatively, you can also visit a legal advice centre. These are set up at some local courts in Baden-Württemberg and are run by local lawyers' associations. The advice centres are staffed by lawyers. The court only provides the rooms. You will usually receive brief counselling there. Please note that not all courts have a legal advice centre. Ask your local legal advice centre whether this is an option for you.