FAO: Meaning, Legal Foundations and Areas of Application
The abbreviation FAO stands in the German legal system for the “Fachanwaltsordnung” (Specialist Lawyers’ Regulation). It is a nationwide legal ordinance issued on the basis of the authority in Section 59b (2) No. 2 lit. b of the Bundesrechtsanwaltsordnung (BRAO). The FAO regulates the requirements under which lawyers are entitled to use a specific designation for their particular knowledge and practical experience in legal transactions, and serves the purpose of quality assurance and consumer protection.
Legal Foundations of the FAO
Origin and Statutory Authorization
The FAO was introduced for the first time in 1997 and has since been amended several times. Its central statutory basis is Section 59b BRAO, which gives the board of the German Federal Bar (Bundesrechtsanwaltskammer) the right to issue ordinances defining the requirements for acquiring special knowledge and experience. The Fachanwaltsordnung is therefore a nationwide uniform legal ordinance with direct and binding effect.
Purpose of the FAO
The main purpose of the FAO is to establish uniform standards for the recognition of special theoretical knowledge and practical experience. This ensures a reliable benchmark for the use of designations indicating specialization in specific areas of law. The FAO thus contributes to the protection of clients, who must be able to rely on the expertise and practical experience of a title holder.
Scope of the FAO
Regulatory Subjects
In particular, the FAO regulates the following aspects:
- Requirements for the application for permission to use a title designation (§§ 2-6 FAO)
- Definition of qualifying areas of law
- Requirements for acquiring theoretical knowledge (§ 4 FAO)
- Requirements regarding practical experience (§ 5 FAO), in particular minimum numbers of cases handled
- Procedures for verifying knowledge and experience
- Ongoing continuing education obligations (§ 15 FAO)
- Revocation and withdrawal of the title (§ 43c BRAO in conjunction with FAO)
Areas of Law under the FAO
A variety of specific areas of law are named for which titles can be held according to the provisions of the FAO. The recognized areas of law are comprehensively listed in § 10 FAO. The list is updated, expanded or modified at intervals of several years.
Granting and Maintenance of Title Authorization according to the FAO
Application Process
Permission to use a designation must be applied for at the competent chamber. The application must be substantiated by appropriate evidence of knowledge and experience. This includes, in particular, participation in recognized theoretical courses, proof of examinations, as well as documentation of a determined number of practical cases from the relevant area of law.
Verification and Proof of Knowledge and Experience
Applying for the designation requires successful completion and proof of a corresponding training course. The course must cover a specific number of hours and be completed with examinations, the passing of which is a prerequisite for applying. In addition, practical case numbers from actual client work must be proven, whereby requirements vary in detail between the different areas of law.
Continuing Education Obligations
Title holders are subject to an obligatory continuing education requirement according to § 15 FAO. This serves to maintain up-to-date technical knowledge and to take into account developments in the relevant area of law. Failure to comply with this continuing education obligation may lead to revocation of the title.
Legal Effect of the Awarding of Titles under the FAO
Protection of the Designation
The use of a designation awarded under the FAO is legally protected. Unauthorized use of this designation constitutes a regulatory offense under § 43c (3) BRAO and can be sanctioned under professional law.
Consumer Protection through the FAO
Clearly defined requirements established by the FAO create transparency and security for client relationships. Clients have the opportunity to specifically seek out holders of corresponding titles when particular requirements regarding knowledge and experience in certain areas of law exist.
Professional Consequences and Supervision
Compliance with the requirements of the FAO is monitored and supervised by the competent chambers. Violations can be sanctioned by both professional and supervisory measures.
Amendments and Current Developments of the FAO
Legislative Adjustments
The FAO is regularly updated to reflect the evolving demands of the legal market and case law. Amendments may include the introduction of new areas of law, clarification of requirements for theoretical knowledge and practical experience, as well as adjustments to continuing education obligations.
Relevance in the European Context
Although the FAO is a national regulation, it is connected to the European-wide trend of quality assurance and standardization of additional qualifications in the legal services market. The recognition of qualifications and further training achievements is regularly the subject of harmonization efforts under European law, for example within the framework of the Services Directive.
Literature and Sources
- Bundesrechtsanwaltsordnung (BRAO)
- Fachanwaltsordnung (FAO)
- Legislative proceedings and publications of the German Federal Bar
- Commentary literature on the BRAO and FAO
Summary: The FAO represents a detailed, standardized system for securing and verifying special knowledge and practical experience within the German legal system. It regulates nationwide the requirements, procedures, ongoing obligations, and professional consequences in connection with the use of awarded titles. The FAO forms the legal backbone for ensuring qualifications in the legal services market and thereby ensures effective consumer protection.
Frequently Asked Questions
What legal requirements apply to the presentation of an FAO continuing education certificate?
The presentation of continuing education certification in accordance with § 15 of the Fachanwaltsordnung (FAO) is mandatory for specialist lawyers. According to § 43c (4) BRAO in conjunction with § 15 FAO, specialist lawyers are obligated to submit annual proof of continuing education consisting of at least 15 hours relevant to their respective specialist field. Proof must be provided by December 31st of the respective calendar year at the latest. The legal foundations here are especially § 15 FAO and the nationwide guidelines issued by the Bundesrechtsanwaltskammer (BRAK). The specialist lawyer must submit the certificate on his own initiative to the relevant bar association, in due form and on time, usually as a certificate of attendance stating the content, duration and organizer of the training. If the specialist lawyer fails to provide proof in time or submits insufficient proof, the bar association may prohibit the use of the specialist lawyer title or order its withdrawal in accordance with § 43c (4) BRAO in conjunction with § 43 BRAO.
What requirements apply to the recognition of continuing education events under the FAO?
Recognition of a continuing education event is based on strict legal criteria: The event must have a clear subject relevance to the respective specialist lawyer title and be led by a qualified instructor. Attendance, online, and self-study formats are permissible—but the latter only up to a maximum of 5 hours according to § 15 (4) FAO, provided a learning success check is carried out. The content level of the training must correspond to the current state of case law and science. In addition, the certificate of attendance must indicate the exact duration, date, topic, and information about the organizing body. Trainings as part of in-house law firm events may also be recognized, provided they meet the formal and content requirements and are properly documented.
What legal consequences result from violations of the FAO continuing education requirement?
Lawyers who fail to meet their continuing education obligation under § 15 FAO, or fail to do so on time, risk serious professional consequences according to the guidelines of the BRAK and the respective bar associations. Normally, the bar association will request the affected lawyer to rectify deficiencies and submit proof. If a lawyer repeatedly or seriously fails to comply, the association may revoke the specialist lawyer title in accordance with § 43c (4) BRAO or prohibit its use. Disciplinary measures such as reprimands or fines under § 113 BRAO are also possible, and in case of repeated violations may even lead to deletion from the specialist lawyer list. Fraudulent certificates entitle the chamber to examine possible professional misconduct.
Who is responsible for monitoring compliance with the FAO continuing education obligation?
Monitoring compliance with the FAO requirements lies exclusively with the relevant regional bar association. The association checks proper fulfillment of the continuing education obligation annually on a random or case-specific basis. The review regularly involves the submitted certificates and documents, as well as possible inquiries into the authenticity of the information. In case of doubts, the association has the right to request additional information or conduct checks. The association is also authorized to impose sanctions or initiate disciplinary proceedings if irregularities are found.
What information must continuing education certificates mandatorily contain?
The FAO legally requires that continuing education certificates contain certain minimum information in order to be recognized. This includes: name of the participant, exact date and duration of the training (number of hours), exact topic or contents, name and qualification of the instructor, and the designation of the organizer. For self-study training, proof of completion of the learning success check must be attached, such as a passed final test. Without this information, recognition of the certificate by the bar association is at risk and the continuing education proof is deemed not provided.
To what extent are continuing education events held abroad permissible under the FAO?
The Fachanwaltsordnung does not explicitly distinguish by venue of the training, but solely by content criteria and recognizability. In particular, continuing education events held in EU or non-European countries can be recognized, provided they meet the content and formal requirements of the FAO and the necessary certificate (ideally in German or with a certified translation) is submitted. Recognition, however, is always subject to case-by-case review by the bar association. It is fundamentally important that subject relevance, duration and instructor qualification are documented and that the certificates meet the requirements of § 15 FAO.
