Admission to the legal profession
Die Admission to the legal profession is a legal act through which a person acquires the right to practice as a lawyer (m/f/d). The requirements, procedures, and legal consequences of admission are thoroughly regulated under German law and, especially, in the Act on the Activities of European Lawyers in Germany (EuRAG) and the Federal Lawyers’ Act (BRAO).
Requirements for admission to the legal profession
General requirements for admission
Admission to the legal profession pursuant to § 4 BRAO generally requires that the applicant
- die Qualification for judicial office in accordance with the German Judiciary Act (§ 5 BRAO),
- is not unworthy of the profession or excluded as a result of a criminal conviction (§ 7 BRAO; § 45 BRAO),
- does not hold certain public offices which, according to § 7 No. 3 BRAO, are incompatible with the legal profession,
- demonstrates the suitability and reliability necessary for duly exercising the profession.
Qualification for judicial office
Pursuant to § 5 BRAO, the qualification for judicial office requires passing the first and second sections of the examination under the German Judiciary Act, i.e., successfully completing both the first and second state examinations in law. Exceptions and special provisions apply to qualified attorneys from EU member states (see also § 4a BRAO and the EuRAG).
Professional Incompatibilities
In order to practice as a lawyer, certain occupational activities may not be pursued simultaneously. Public offices, civil service positions, or roles conflicting with the independent and free practice of law generally preclude admission. Further details are provided in § 7 BRAO.
Application and Admission Procedure
Application for admission
Admission is granted upon application. The application must be submitted in writing. According to §§ 6, 8 BRAO, the following documents must be attached:
- Birth certificate
- Evidence of education and qualification (examination certificates)
- Certificate of good conduct
- Declaration regarding previous convictions and financial circumstances
- Proof of an existing professional liability insurance (§ 51 BRAO)
Examination of the application
The competent authority will verify that the admission requirements are met and that there are no grounds for exclusion. In particular, the applicant’s personal suitability and integrity are assessed.
Decision and certificate of admission
If a complete application is submitted and all requirements are fulfilled, admission will be granted by means of an official administrative act. The applicant will receive a certificate of admission upon acceptance of which the entitlement to use the professional title “Rechtsanwalt” or “Rechtsanwältin” arises.
Professional Practice and Effects of Admission
Professional Status under the Law
Admission to the legal profession grants the right to provide legal services independently, on one’s own responsibility, and on behalf of others. Lawyers are subject to their own professional duties, including obligations of confidentiality, independence, diligence, and proper professional conduct.
Law Practice Firm
According to current law, admission and practice are also permitted in the form of a professional law practice firm (e.g., PartGmbB, GmbH). Specific admission requirements apply in this case (§§ 59c et seq. BRAO).
Suspension, Termination, and Revocation of Admission
Suspension of Admission
Admission to the legal profession may, pursuant to § 29 BRAO, be suspended in situations prescribed by law, e.g., while serving as a civil servant or temporary judge.
Termination of Admission
Termination of admission is regulated in § 13 BRAO, in particular. It occurs, for example:
- on the death of the lawyer,
- upon relinquishing admission,
- when entering an office or employment incompatible with the legal profession.
Revocation of Admission
Admission may be revoked pursuant to § 14 BRAO, in particular if it becomes known that a condition for admission was not met or has ceased to exist (such as unreliability, insolvency).
European and International Aspects
Admission of Foreign Lawyers
For nationals of other member states of the European Union, the European Economic Area, and Switzerland, the Act on the Activities of European Lawyers in Germany (EuRAG) governs the conditions for admission to the legal profession in Germany. Upon successful equivalence assessment, joining the German bar is also possible.
Professional Liability Insurance
Before admission is granted, proof of existing professional liability insurance must be provided (§ 51 BRAO). The minimum coverage amounts and further details are regulated by law and serve to protect clients.
Costs and Fees of Admission
An administrative fee is charged for the processing and granting of admission; its amount is determined by the fee schedule. This generally includes the cost of issuing the certificate of admission.
References and Weblinks
- Federal Lawyers’ Act (BRAO)
- Act on the Activities of European Lawyers in Germany (EuRAG)
- German Judiciary Act (DRiG)
Note: This overview provides general information only and does not constitute binding legal advice or individual case evaluation. Changes to legal provisions must be observed.
Frequently Asked Questions
What requirements must be met for admission to the legal profession?
The requirements for admission to the legal profession in Germany are mainly set out in § 4 of the Federal Lawyers’ Act (BRAO). Applicants must have the qualification for judicial office as defined by the German Judiciary Act (DRiG), meaning both the first and second state examinations in law must have been successfully passed. Furthermore, there must be no grounds for exclusion, such as a criminal conviction that calls into question the applicant’s suitability for practicing law (§§ 7, 7a BRAO), and the applicant must be eligible to hold public office. Another important point is compulsory insurance: the existence of professional liability insurance (§ 51 BRAO) must be proven; without such proof, admission cannot be granted. Finally, the applicant must not hold a position that is incompatible with the legal profession, for example, as a judge or civil servant (§ 47 BRAO).
How is the admission procedure to the legal profession structured?
The admission procedure is carried out at the locally competent bar association. The application for admission must be submitted in writing and include all evidence regarding the applicant’s personal and professional qualifications as well as confirmation that no grounds for exclusion exist. The documents to be submitted include certified copies of both state examination certificates in law, a curriculum vitae, a current certificate of good conduct, confirmation of activity during legal clerkship, and proof of professional liability insurance. After all requirements are verified, the bar association decides on admission and, if approved, issues the certificate of admission, upon delivery of which the legal status as a lawyer commences in accordance with § 12 paragraph 1 BRAO.
What role does professional liability insurance play in admission?
Professional liability insurance is a mandatory requirement for admission as a lawyer. According to § 51 BRAO, proof of insurance with a minimum coverage of 250,000 euros per claim is required. The insurance serves to protect clients against financial losses that may arise from legal errors. Without such proof of insurance, admission cannot be granted in accordance with § 12 BRAO. Proof must be provided to the bar association on a regular basis and maintained; otherwise, withdrawal or suspension of admission may result.
Is there a European admission as a lawyer in addition to the German one?
Yes, EU citizens can, under certain conditions, establish themselves or work in Germany as European lawyers pursuant to § 206 et seq. BRAO for a limited time. The requirement is membership of a legal profession in another EU or EEA member state. EU lawyers must register with the bar association and provide essential documentation (such as a certificate of qualification from their home bar, proof of insurance). After three years of practice, they may apply for full German admission (§ 11 EuRAG).
What activities are permitted with admission to the legal profession?
Admission to the legal profession grants the right to advise and represent clients in all legal matters (§ 3 BRAO), both in and out of court. Admission entitles lawyers to represent clients before all German courts, with the exception of the Federal Court of Justice in civil matters, unless specific requirements apply. Lawyers are also permitted to handle legal matters of third parties professionally, including tax advice (within the permissible scope of § 3 No. 2 StBerG). However, the precise activities permitted are subject to certain restrictions and special rules depending on the type of court admission and role.
Can admission to the legal profession be revoked?
Yes, according to §§ 13 to 15 BRAO, admission may be retroactively revoked or withdrawn if, subsequently, facts become known which would have led to a denial of admission at the time. Revocation is particularly considered in cases of serious criminal offenses, lack of insurance, or the occurrence of further grounds for denial (such as serious breaches of professional duty). Revocation is usually imposed by the competent bar association, whose decision may be appealed.
