What is a legal advisor
Legal advice - what is legal advice?
In 2017 there were around 164,400 licensed lawyers and 53,677 specialist lawyers in Germany who can assist those looking for legal issues with legal questions. But what is legal advice, who can you get legal advice from, what is the cost of legal advice from a lawyer and what do I have to do to get free legal advice? These questions and much more. are answered in this article.
FAQ: Legal advice
Legal advice is to be understood as concrete advice on legal questions that arise in an individual situation. Legal advice is usually chargeable. There is an exception, for example, for the right to advice. More about it here.
Only fully qualified lawyers such as traffic lawyers are authorized to provide legal advice or to provide legal services. In this way, those seeking advice should be protected from unqualified advice.
Lawyers are fully qualified lawyers who have passed the 2nd state examination in law and are thus qualified to be judges. They also have to take out professional liability insurance because they are liable for defective performance.
What is legal advice?
If you have a Legal problem For example, if you have been illegally banned from driving, it is advisable to have one legal advice from a suitable one Experts | to claim something. It is a Legal servicesthat are usually from professional lawyers is offered.
In Germany is the legal advice from the law regulated. This has been standardized since July 1, 2008 Legal Services Act the out-of-court legal advice.
The term Legal advice is of the terms Legal assistance and Legal representation to distinguish.
- Legal advice: an individual, concrete consultation in legal matters (in the internal relationship).
- Legal representation: the legal assistance in external relationships, for example in the context of a Process (Legal representation), opposite Authorities (Representation of authorities) or opposite Private (Private representation).
- Legal assistance: Any Assistance in foreign legal matters. Legal advice and legal representation are Subspecies of legal assistance.
The Legal Advice Act
The Legal Advice Act (RBerG), which already in the 1920s was developed and was valid until June 30, 2008, had the main objective to protect the person seeking advice from unqualified advice. In addition, the law had one Protection against competition goal of the legal profession.
So were allowed to until June 2008 only offer legal advice to persons who are also professionally Fully qualified lawyers are. After the Legal Advice Act was replaced by the Legal Services Act (RDG), legal advice is also available for suitable non-lawyers authorized. For those looking for law, this means that legal advice is also possible without a lawyer and that the so-called registered persons can also offer legal advice without being admitted to the bar.
When do you speak of a lawyer?
A lawyer is a juristthat prior to its admissiona law degree completed and the first state examination in law has completed. Then that follows Legal clerkship, by doing the theoretical knowledge of the course is expanded and through practical training can be added. At the end of the legal clerkship is the second state examination in law to be completed. Upon successful completion, the lawyer can Become a lawyer and is qualified to hold judicial office.
Lawyers are responsible for their work, regardless of whether it is an out-of-court consultation or a representation in court. Since legal liability is required by law, every lawyer must have one Professional Liability Insurance without which he will not be admitted and will not be allowed to work as a lawyer.
Secrecy and confidentiality in legal advice
In Section 43a (2) sentence 2 BRAO and Section 2 (2) BORA is the Confidentiality regulated by a lawyer:
General professional and basic duties
§ 2 Confidentiality
(1) The lawyer is entitled and obliged to maintain secrecy.
(2) The right and the duty to secrecy relate to everything that has become known to him in the exercise of his profession and continues to exist after the end of the mandate.
(3) The duty of confidentiality does not apply if these professional regulations or other legal provisions permit exceptions or the enforcement or defense of claims from the client relationship or the defense of the lawyer in his own case require disclosure.
(4) The lawyer must expressly oblige his employees and all other persons involved in his professional activity to secrecy (Section 43a, Paragraph 2 of the Federal Lawyers' Act).
Accordingly, a lawyer is in Client relationship obliged to all informationthat he learned in connection with the case, even after the trial was over to keep to yourself. The lawyer is therefore not allowed to give any information that he is representing him, even without the consent of his client.
How do I find the right lawyer for legal advice?
First of all, you should look for a lawyer who specialized in the field of law is where you want advice. You cannot get legal advice on traffic law from any specialist in family law. Usually you can find out what they specialize in on the attorney's website.
It is also important in which form they want advice. If you only want legal advice on traffic law over the phone, it makes less sense to contact a law firm that only offers online legal advice on traffic law. It is therefore advisable to to obtain sufficient information about the law firmsbefore using their service.
who Debt collection services, Advice on pensions or legal services on foreign law wants to provide, needs a regulatory registration and must be one special expertise prove.
Registration must requested become. The decision of the authority is issued within three months after receipt of the application.
Requirements for registration
§ 12 RDG defines exactly when an application for registration may be approved, namely only if the personal suitability and reliability brings along. With the help of Certificates or diplomas can the applicant that he in the knowledgeable in the area relevant to legal advice is.
With the application is next to one criminal record a depiction vocational training and the previous professional path to submit.
The person must also indicate whether they currently have a Bankruptcy proceedings has been opened about their assets or they are in Directory of debtors stands.
The prerequisite for registration is, for example not fulfilled, if
- the person in the past three years before filing an application for a crimefinally convicted has been
- the financial circumstances of the person disordered are. That would be the case if they insolvent would.
If all prerequisites are met, the applicant will be sent in Legal Services Register led and allowed a Legal advice to offer. Anyone who is not registered and still provides legal advice commits one Administrative offense within the meaning of Section 20 Paragraph 1 No. 2 RDG.
What are the costs for legal advice?
There are clear legal requirements about how high the remuneration of lawyers may be, but legal advice costs with a lawyer can also be billed by the hour become.
For the first consultation is one fixed upper limit, which becomes obsolete when the client is taken over. in the Lawyers' Remuneration Act (RVG) stipulates that the fee for this is for private individuals between 15 and 190 euros plus flat-rate expenses and VAT (Section 34 (1), p. 3, 2nd half-sentence RVG). If the income is too low, the person concerned can Apply for advice from the state or the Legal protection insurance take advantage of. If the legal advice goes beyond the first meeting, the hourly rate can fall 100, but also about 500 euro be.
Before seeking legal advice, it is advisable to first non-binding offers from several lawyers and to compare the expected costs. Basically, the costs for legal advice are related to the professional competence of the lawyer and thus to the quality and expected success of the process.
Since 2008 lawyers have been able to take one in individual cases Contingency fee arrange. For example, it could be agreed that the client only pays part of the legal fees if a case is lost, whereas the lawyer can charge a surcharge if the case is won.
The amount of an attorney's remuneration is regardless of the area in which he specializes: Legal advice on family law and legal advice on traffic law therefore cost the same amount.
Legal advice on the phone
For simple questions, to prepare a process or as part of ongoing support, a telephone legal advice to be entitled to.
Since the lawyer does not have the necessary documents in front of him when giving legal advice on the phone, the information is as binding as in the case of an oral consultation on site, but not always recommended.
If you take legal advice over the phone, it will take place compensation either through a time fee, a fixed price or the statutory remuneration. In a few cases there is Lawyer hotlineswho settle their remuneration via the hotline tariffs.
A free legal advice over the phone can be obtained from any law firm, even if the chances of success are pretty slim. Here applies that lawyers for legal advice, which is free of charge by telephone, do not adhere, since they haven't had a chance to deal fully with the case.
Online legal advice
As with legal advice over the phone, legal advice is provided via email or generally online, usually only for simple questions and facts to recommend. It should be noted that all necessary information and documents must be sent to the lawyer beforehand. However, there are law firms that specialize in this and advise their clients entirely over the Internet. In this case, free legal advice online is rather difficult to get.
One form of legal advice that is free and available online is Legal advice. The internet portals offer legal seekers one first orientation but it is not binding. They are usually advised to consult a lawyer.
Many law firms advertise free legal advice online, but such a service is not without its additional risks. The same applies here as for free advice over the phone: The lawyers are not liable unless the online legal advice is free because you have a counseling certificate and the state therefore pays the costs for legal advice.
Where can I get free legal advice?
Usually it is not allowedThat a lawyer offers his advice free of charge, but it is possible to ask a lawyer for a free one Initial assessment to ask.
However, the first legal advice that is offered free of charge cannot replace comprehensive legal advice. The lawyers are not liable for their recommendations in this case as they have not yet had a chance to delve deeply into the case.
You also have the option of receiving some form of legal advice, for example on traffic law, free of charge in Internet forums.
For law seekers with too low income the legislator offers the so-called advisory assistance, with which legal advice can be obtained free of charge. If certain requirement are fulfilled, you can apply to your local court for a so-called advice certificate, which you can use for out-of-court advice and representation can claim free legal advice or legal advice.
The advisory support is for you free. You just have to 15 euro Pay a fee to the attorney.
Which documents do I have to submit?
To apply, go to the Legal application office of your local court and bring the following documents with you:
- passport or Tax assessment
- supporting documents to pay the rent and any debts.
In which matters can I apply for advice?
You can do the following Areas of law Get advice:
- civil right, whereby advice can also be requested for matters for which the labor courts are responsible
- Administrative law
- Constitutional law
- Social law
- Criminal law and administrative offense law, whereby here only free legal advice, but no judicial representation is granted.
Legal advice from consumer advice centers
As part of their respective Duties and responsibilities Consumer associations and other publicly funded consumer associations are also authorized to provide free legal advice.(44 Ratings, average: 4,43 of 5)
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