Prozesskostenhilfe Bewilligung als Vorschuss

Legal aid: Obtaining an advance for lawyer's fees in the proceedings

The determination of an advance applies to proceedings in which the court has granted legal aid to the party and you have been assigned as a lawyer.

In proceedings concerning family matters or voluntary jurisdiction, and in other specific proceedings, you can only request it if the person obliged to pay is in arrears with the payment of the advance.

• Application for payment of the advance
• Explanation of the fees incurred and the expenses incurred and expected to be incurred

• The court shall grant legal aid or legal aid to the party.
• The court assigns a lawyer to the party.

In addition, the advance can only be demanded for the fees already incurred (there is no advance on fees that have not yet been realized) and for the expenses incurred and expected to be incurred, cf. § 47.1 sentence 1 RVG. In the cases of § 47 (1) sentence 2 RVG, a further prerequisite is that the person obliged to pay is in default of payment of the advance.

In order to determine an advance payment, you as a lawyer must submit a written application to the court.

In it, set out the fees incurred and expenses incurred and expected to be incurred.

You must apply to the court for legal aid