Category

Professional Regulations

German LawProfessional Regulations

German Lawyers do not Renew their Practising Certificates each Year

How to check whether a German Lawyer (or other Professional) is properly licensed and insured Hiring a foreign lawyer (more here) involves a certain amount of trust, especially if this lawyer is supposed to handle the client's funds abroad. Many potential clients from the UK and the USA therefore ask their potential German attorney-at-law (Rechtsanwalt) to provide a copy of their current practising certificate. This request will, however, baffle a German lawyer (or tax advisor,…
Bernhard Schmeilzl
September 21, 2016
Criminal LawGerman LawProfessional Regulations

Real German Lawyer or Fraudster?

Sadly, internet fraud and email scams are rather common nowadays (for "popular" schemes se here). In some cases one of the fraudsters claims to be a German Rechtsanwalt, i.e. a German lawyer. In case you have doubts whether this German solicitor really exists and what his registered professional office address and phone numbers are, there is a very simple and quick way to verify: Simply visit the official website of the German Federal Bar Association…
Bernhard Schmeilzl
September 12, 2014
Civil actionDebt collectionGerman LawGoing to courtProfessional Regulations

So you want to practice Law in Germany?

Update for British readers: This post explains the pre-Brexit legal situation There are an impressive 160,000 advocates (Rechtsanwälte) registered to practice law in Germany (from the official statistics of the German Bar Association: German Advocates in February 2013). However, that doesn't mean there are not interesting opportunities for British lawyers who are considering practising law in Germany: Many German companies (have to) negotiate and draft agreements with international business partners in the English language and…
Bernhard Schmeilzl
August 8, 2013
Business in GermanyGerman Corporate LawGerman LawProfessional Regulations

What is a German “Civil Law Notary”?

And what are their Fees? When you engage in business in Germany you will sooner or later encounter a so called "Notar". These civil law notaries are neither judges nor attorneys, but something in between. German law (for example in Sec. 311.b.(1) Civil Code) requires the intervention of a notary in cases of important transactions with long-term effects and a particular economic or personal significance for the parties concerned, e.g. real property transactions, establishment of…
Bernhard Schmeilzl
June 16, 2012
Civil actionGerman LawProfessional Regulations

What is a German Rechtsanwalt?

German Lawyers: Professional Education and Regulatory Framework German advocates are independent and work as self-employed professionals (Freiberufler). To be admitted to the German bar (Rechtsanwaltskammer) one must pass two state examinations: The first exam requires four years of studies at a University law school . The second exam takes place after additional two years of legal clerkship (Referendariat) during which the future lawyers have to successfully complete various stages: civil court, criminal court, municipal or…
Bernhard Schmeilzl
May 22, 2012