How to obtain legal advice (2)
If you sign a contract, establish your own business, wonder about your rights as an employee or become involved in any legal matter, you need advice from a lawyer. According to the German law on legal advice (Rechtsberatungsgesetz) in principle only lawyers can legitimately provide advice on legal questions. If you need the assistance of an attorney who speaks your native tongue, you could first contact the embassy or consulate of your country, either directly or via the Internet. Most embassies and consulates maintain lists of attorneys who can give advice and are multilingual. In addition to consular assistance, the Münchener Anwaltverein ([089] 29 50 86) or the Rechtsanwaltskammer (Bar Association) ([089] 53 29 44-0) will provide information. When contacting an attorney, you should describe the nature of your case before arranging a meeting. If the lawyer you consult does not have the knowledge to deal with your particular problem, he or she will be able to refer you to one who specializes in that area of the law. It is important for you and your case that you feel comfortable with your lawyer. So, before engaging one, you should meet him or her personally to get an impression of how he or she works and to see if he or she understands you and your problem. Before the first meeting, clarify what it is likely to cost. If during the meeting you don’t have the impression that he or she will be able to offer you the best possible representation, you should not hand over documents or funds. For your meetings with your attorney, bring written notes as well as relevant documents. Make sure that you understand what your lawyer says and don’t be afraid to ask questions. To represent you best, your attorney needs your full cooperation. You should be honest and inform him or her of all the facts pertinent to your situation. Your attorney should keep you informed of the developments in your case and promptly forward copies of relevant correspondence. The minimum amount of an attorney’s fee in Germany is set by law (Bundesrechtsanwaltsgebührenordnung). Many attorneys charge their clients by the hour rather than by the Bundesrechtsanwaltsgebührenordnung. German law prohibits attorneys from taking a case on a contingent or percentage fee basis. Where court proceedings are involved, court costs will arise. Before your attorney begins work on your case, you should ask for a written estimate. Permanent residents may consider taking out legal insurance (Rechtschutzversicherung). This protection can cover legal expenses up to a set amount (always get a written authorization from the insurance company for your particular case in advance). Most major insurance companies offer those policies for various issues, such as work-related matters, traffic altercations, landlord-tenant problems, etc. Under certain (restricted) circumstances people of limited financial means can receive free assistance through the legal aid and advice program. Germany makes a distinction between assistance under the Legal Advice Scheme (Beratungshilfe) and under the rules on assistance with court costs (Prozesskostenhilfe). Eligibility and the amount of assistance varies with each program and the circumstances of the applicant. Application forms for assistance under the Legal Advice Scheme and the assistance with court costs are available at local courts. To obtain basic legal advice in Munich, there are also a number of options. Tenants’ associations (Mietervereine) and trade unions (Gewerkschaften) have legal experts who advise and represent members. The Rechtshilfefonds für Ausländer e.V. (Daiserstrasse 9 [089] 725 77 74) is open on Tues., from 6 pm– 8 pm. For problems concerning consumer law, contact the Verbraucherzentrale Bayern (Mozartstrasse 9 [089] 53 98 70, www. verbraucherzentrale-bayern.de). General advice for foreign residents can also be obtained from the Ausländerbeirat (Foreigners’ Advisory Committee) (Burgstrasse 4 [089] 23 39 24 54) and the Internationales Informations- und Beratungszentrum (Goethestrasse 53 [089] 532 89 89).