The preconditions of a legal assistance in an administrative action are regulated in § 67 VII of the Administrative Procedure Code (VwGO). Cases of ethnic profiling through the police can be punished judicially within an administrative action. The presence of an assistance can be requested.

The regulation regarding the legal assistance only applies to the support of the involved person. Therefore, the involved person who claims an aid needs to be personally present during trial.

A legal advisor can be anybody who has been registered as an authorized representative by an administrative court. Legal advisors could be employees of the involved person, family members of age, tax consultants or trade unions and employee unions. Other people can be registered too if it is relevant and necessary to that case. According to § 67 VII VwGO the court can deny people as an advisor if they are of the view that this particular person is not able to present the ratio properly or that this person is not suitable. However, the court has to allow lawyers and people with qualifications for judicial office.

In cases where associations are rejected as a legal advisor, they can recruit a person with a qualification for judicial office who is part of the association and cannot be denied, as a legal advisor on trial. This person can appear simultaneously as a representative of the association. It is not possible for an aid to submit written pleadings. However, in practice, this depends on the judge. If a request to submit written pleadings is rejected, there is an option for the representative lawyer to take into account the pleading and use it in the proceeding.