Appointment of the PKH-process, here: AVALANCHE TO WORK PROCESS END?
There is hardly a colleague or a colleague who had been attached to his lawyer in life is not already in the PKH process. This should naturally apply in particular to all those who work on cases in the social, labor and family law.
date was also considered that with the onset of formal legal force of the pending proceedings within the meaning of § 172, para 1 CCP ended. The subsequent legal aid- review procedures, in which the PKH-owner personally or over a period of four years for the possible change their personal and economic relations were written, was considered as a separate administrative procedure, to which already the legal scope of power of attorney in accordance. § 81 ZPO did not cover.
accumulate Now here the cases in which we are written as a (former) Deputy represented DIRECTLY by the court with a request to inform whether the personal and economic circumstances of clients have changed.
In cases where the client relationship for other reasons as yet, this may seem straightforward, but at least also with overtime and extra costs are connected. In many cases, however, absolutely no contact is more to the client so that investigations are likely to make significant time and cost intensive.
A friendly note now brought us to a decision of the BGH of 12.08.2010 (ref. XII ZB 151/10), made it clear in which the Supreme Court that Deputy Attorneys also the legal aid review procedures for old accompany clients to have full and thus, for example, deliveries are made. Substance
this process is to economic reasons and the fact that this so in the sense of personal autonomy is.
From a practical point of view this is incomprehensible.
The settlement worked out the view here in the past very well, (relatively rare) Questions were answered by the client are granted.
now it is likely regardless of the legal profession, resulting from significant extra effort not just be in the interests of the courts where the procedure will be the future of the (former) lawyer. This will not only prolong the processing and response times considerably, but in cases where no more contact with former clients there is cause in the courts significantly more work, since these are ultimately likely to yet again have to apply directly to the claimant. Or must be closed from this decision of the Supreme Court, that any address inquiries to be carried out, etc. from the attorney on his own account?
How is this handled in other jurisdictions and who has already had experience in this direction? Your comments We would be very happy!
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protection of disabled people according to SGB IX
As the Federal Labour Court now ruling of 01.27.2011 (ref. 8 AZR 580/09) has made clear is the scope of the 9th Social Code exclusively for severely disabled people with a disability (degree of handicap) of at least 50 and for those that are treated by a formal procedure. Not treated as persons appointed since the entry into force of the General Equal Treatment Act (AGG ) the prevention of discrimination due to disability only to the rules.
In the case decided that the applicant had, at the detected a degree of handicap of 40, whose application was rejected on equality but, in vain for a job as a secretary advertised. Their non-setting led them to the fact that the defendant in an unlawful manner on several occasions not apply the rules in Book IX. This paper, however, had no success in all instances. How has the last run BAG, are persons such as the applicant since the implementation of the Framework Directive 2000/78/EC of 27 November 2000 to AGG protected by it, so that an analogous use of the rules in Book IX is not longer be eligible.
This requires, however, that are presented in litigation relevant facts that trigger a presumption of discrimination within the meaning of the AGG !
That the applicant had not done so, that its action had already therefore no prospect of success.
As the Federal Labour Court now ruling of 01.27.2011 (ref. 8 AZR 580/09) has made clear is the scope of the 9th Social Code exclusively for severely disabled people with a disability (degree of handicap) of at least 50 and for those that are treated by a formal procedure. Not treated as persons appointed since the entry into force of the General Equal Treatment Act (AGG ) the prevention of discrimination due to disability only to the rules.
In the case decided that the applicant had, at the detected a degree of handicap of 40, whose application was rejected on equality but, in vain for a job as a secretary advertised. Their non-setting led them to the fact that the defendant in an unlawful manner on several occasions not apply the rules in Book IX. This paper, however, had no success in all instances. How has the last run BAG, are persons such as the applicant since the implementation of the Framework Directive 2000/78/EC of 27 November 2000 to AGG protected by it, so that an analogous use of the rules in Book IX is not longer be eligible.
This requires, however, that are presented in litigation relevant facts that trigger a presumption of discrimination within the meaning of the AGG !
That the applicant had not done so, that its action had already therefore no prospect of success.
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