Assignment (law)

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In German procedural law, assignment refers to the appointment of a lawyer as defense counsel or lawyer in judicial proceedings. Lawyers can be assigned to a party in various contexts:

Public defender

In criminal proceedings, the accused who does not have a defense counsel is appointed a public defender if there is a case of necessary defense .

Civil litigation

In civil proceedings, if a lawyer is required for the respective procedure , but the party cannot find a lawyer willing to represent it, an emergency lawyer can be appointed.

Legal aid and legal aid

Is a party to legal proceedings legal aid or legal aid granted, it may, if it is necessary for the exercise of the rights of the party, an attorney will coordinate.

The attorney assigned can assert the fees incurred for his work against the state treasury. The fees paid by the state treasury are part of the procedural costs, so that as a rule the final decision also has to determine who bears the costs of the proceedings and therefore also the lawyer's fees.

Individual evidence

  1. jure: Civil Procedure: § 121 appointment of a lawyer. Legal status: April 1, 2016. Accessed April 13, 2016 .