GERMANY 

Types of Lawyer

• Key Practitioners:
  
  
  • RECHTSANWÄLTE (advocate/attorney)
    
    An independent agent and consultant on all legal matters who may be approached directly by members of the public. Rechtsanwälte often work in the smaller cities, and are not concentrated exclusively in a few large areas, as is the case with the English Bar.

    Although a Rechtsanwalt may give legal advice in any town, in the past he could not do so on a permanent basis. There were territorial limitations on legal representation and jurisdiction in civil matters but these did not extend to local courts of first instance (Amtsgerichte), tribunals, criminal or other matters. The old rules about geographical limitations are no longer valid. § 24 BRAO, that formerly regulated the geographical possibilities of a lawyer, has been abrogated since 1 January 2000. Thus today, as soon as you are registered as a lawyer in one county, you are allowed to give legal advice and to appear before court everywhere in Germany.

    A Rechtsanwalt is usually concurrently admitted to a local court and to regional court of first instance. After five years of practice, a Rechtsanwalt may be admitted to the regional court of appeal (Oberlandesgericht). In most areas he cannot be concurrently admitted to a court of first instance and to an appeal court: however, an exception is provided from this rule in certain areas (Baden-Württemberg, Bayern, Berlin, Bremen, Hamburg and the Saarland). This will change from July 2002 onwards as a result of a judgement of the Constitutional Court (Bundesverfassungsgericht) of December 2000 (BverfG 12.12.2000 Aktz 1 BvR 335/97) from when it will be possible to hold all admissions concurrently.
    

    • Qualification Process
    • Partnerships between Rechtsanwälten
    • Cooperation with other professions
    • Specialisation
      
      
      
  • NOTARE (notaries)
    
    There are three classes of Notare in the Federal Republic,
    
    • Nurnotar - exclusively a notary
    • Anwaltsnotar - also a Rechtsanwalt
    • Amtsnotar/Bezirksnotar - who is a public official or civil servant to be found in Baden-Württemberg.

    A German notary is regarded as a state-related profession although generally is treated as a free profession. A notary is not the representative of either party, but must act as the impartial confidant of both parties.

    All contracts to transfer the ownership of land, marriage contracts and public wills, must be drawn up and witnessed by a notary. A notary also has important fuctions in relation to the formation and registration of companies. So, notarial work is mainly a combination of certification and authentication, requiring intensive consultation with the clients and responding to their specific needs.

    The main areas of the notarial work are: Real Estate Law, Commercial and Company Law, Family Law and the Law of Succession.
    

    • Qualification Process
    • The Organisation of a Notar
    • Governing Bodies
    • Professional activities
    • International Professional Practice
    • Nurnotare and Partnerships
    • Addresses of the Notarial Associations
    • German Elixir Report
  • GERICHTSVOLLZIEHER

      The basic functions of Gerichtsvollzieher

    Gerichtsvollzieher are civil servants working as servers and enforcers. In the area of execution (Zwangsvollstreckung) they are responsible for the seizure of property as well as the seizure of ships registered in the register of shipping, for the provisional seizure of claims, for the taking away of objects, the clearing[1] of estates, dwellings and other premises, for the administering of the affirmation in lieu of an oath of disclosure[2] including the relevant procedure and, if needs be the arrest of the debtor on the basis of a warrant issued by a judge, the arrest and production of witnesses as well as other arrests in civil proceedings.

    
    

    ---

    [1] in the meaning of ‘eviction of people from the premises’

    [2] The oath of disclosure or affirmation in lieu of an oath of disclosure is given by debtors who wish to affirm that they possess nothing that can be taken away – an insolvent debtors oath.

    • Qualification Process
    • The organisation of a Gerichtsvollzieher
    • Governing Bodies
    • Professional activities
    • International Professional Practice
    • Interdisciplinary activities
   

• Other Legal Advisors:
  
  
  • SYNDIKUSANWÄLTE
    
    Rechtsanwälte may act as legal advisors, for example as in-house consultants in a multinational legal enterprise. A lawyer appointed to give legal advice to such a principal is called a Syndikus. There are approximately 10,000 Syndikusanwälte
    
    
  • RECHTSBEISTÄNDE
    
    Rechtsbeistände used to be appointed by the courts as legal advisers under the Rechtsberatungsgesetz of 1935 on proof of a legal qualification and good standing. This profession is now being phased out. It is no longer possible for persons to be appointed to give comprehensive legal advice under this Act. As already indicated, only specialist groups of legal advisors will now be admitted to practice under this Act. The result of the 1980 amendment is that Rechtsanwälte who are qualified under German law have an almost total monopoly of comprehensive legal advice. Some have argued that this amendment to the Rechtsberatungsgesetz is unconstitutional. It is interesting to note that before the 1980 amendment came into force in 1981 certain Rechtsbeistände were admitted to practice before local courts of first instance (Prozessagenten).
    
    
  • PATENTANWÄLTE
    These persons are entitled both to give advice and to represent their clients in matters relating to patents, registered designs, and trade marks. They have a right of audience before the German Patent Office (Deutsches Patentamt), the Federal Patent Court (Bundespatentgericht), the Federal Supreme court (Bundesgerichtshof), when dealing with appeals etc. from the Federal Patent Court (Bundespatentgericht). Such patent lawyers must have a degree in natural science or technology and one year's practical experience. They must also undergo a preparatory period of three years, and then take an examination in industrial property law conducted by a committee consisting of members of the German Patent Office (Deutsches Patentamt), the Federal Patent Court and of patent lawyers. The legal position and professional conduct of such patent lawyers is covered by the Patentanwaltsordnung of September 7, 1966 as amended.