Definition and legal basis
The designation “Fachanwalt” is a legally protected title awarded to lawyers in Germany, provided they have demonstrated particular knowledge and practical experience in a specific area of law. The awarding of this title is subject to strictly regulated requirements, which serve to clearly and transparently document the specialized skills and knowledge within a legal field.
The relevant provisions are set out in the Specialist Lawyer Ordinance (FAO), a statute of the Federal Bar Association. This ordinance sets out in detail the requirements for the award of each specialist lawyer designation and regulates the acquisition, continuing education, and revocation of the title.
Requirements for obtaining the title
Theoretical knowledge
In order to be allowed to bear the title, lawyers must acquire specialized theoretical knowledge in the relevant area of law. This is usually achieved by participating in a recognized specialist lawyer course, in which the specific fundamentals and current developments of the respective legal field are comprehensively taught. The course usually comprises at least 120 hours of instruction. At the end, several written assessments must be passed to verify the acquired knowledge.
Practical experience
In addition to proving advanced theoretical knowledge, the FAO also requires evidence of extensive practical experience. Specifically, within the three years prior to the application, a certain minimum number of handled cases in the relevant area of law must be documented. The number varies depending on the specialty, but is usually between 80 and 120 cases. This ensures that applicants are familiar with the practical relevance and particularities of the respective area of law from their own professional activity.
Application, review, and awarding
After fulfilling the above requirements, a written application must be submitted to the competent regional bar association. The applicant must provide all supporting documents. The competent bar association then verifies whether the requirements are met. If the decision is positive, the title for the applied legal field is awarded.
Fields of expertise
The FAO lists numerous areas of law for which the title can be awarded. These include, among others, labor law, family law, insolvency law, medical law, tax law, and insurance law. The list is regularly expanded and adjusted to reflect developments in the legal market.
Maintenance and continuing education requirements
Continuing education
Acquiring the title is associated with an annual continuing education obligation. The holder of the title must complete at least 15 hours of further education each year, for example, by attending seminars or writing professional publications. Compliance with this obligation is monitored on a regular basis.
Revocation and suspension of the authorization
If the continuing education requirement is not met or there are other significant reasons that no longer justify holding the title, the regional bar association can revoke the authorization or temporarily order its suspension.
Title protection and protection against misleading use
The designation “Fachanwalt” is legally protected in Germany. Unauthorized use or false representation of such a title constitutes an administrative offense or even an act of unfair competition and can entail professional as well as civil consequences.
Difference from other qualification designations
The protected title is to be distinguished from other designations that could suggest a special qualification in a legal field without requiring formal proof. Only those who have met the strict requirements in accordance with the FAO may bear the title. The use of designations implying such qualifications, when not actually held, may constitute an impermissible misleading of clients.
International aspects
The title is awarded exclusively in Germany and is subject to German professional law. Other countries may have comparable qualifications, but their requirements and authorities are often structured differently. The use of the German title abroad is therefore only permissible to a limited extent, in particular where there is no risk of confusion with local qualification systems.
Significance in the client relationship
Clients seeking legal representation can recognize from the title that the person concerned possesses proven in-depth knowledge and practical experience in the respective legal area. The nationwide uniform requirements ensure a high degree of transparency and foster trust when seeking legal assistance.
Summary
The protected title demonstrably documents special theoretical knowledge and extensive practical experience in a defined area of law. The strict admission requirements, mandatory continuing education, and the regular verification of qualification ensure a high standard in legal advice and support in specific legal fields. The statutory regulation serves both to protect clients and to safeguard quality within the German legal system.
Frequently asked questions
What are the requirements for acquiring the specialist lawyer title?
To be allowed to bear the title “Fachanwalt” in Germany, a lawyer must meet a large number of strict requirements regulated by the Specialist Lawyer Ordinance (FAO). First, regular evidence of special theoretical knowledge and practical experience in the relevant legal field is required. This generally includes successful participation in a recognized specialist lawyer course with at least 120 hours and passing several theoretical exams. Furthermore, within the last three years prior to applying, a certain number of handled cases from the relevant field—usually between 60 and 120—must be demonstrated. These cases must, by their nature and complexity, provide proof of substantial practical experience. The applicant must prove his or her knowledge and experience to the bar association, which will then examine all documents on a case-by-case basis. In addition, at least three years of admission and professional experience as a lawyer is required.
What continuing education obligations apply to a specialist lawyer?
Attaining specialist lawyer status is associated with the ongoing obligation of annual continuing education. According to § 15 FAO, every specialist lawyer must demonstrate at least 15 hours per year of subject-specific further education. This can be achieved through active participation in recognized continuing education events, the publication of original academic articles, or independent lecturing activities. Proof of fulfillment must be submitted to the bar association without request by December 31 of each calendar year. Failure to comply may result in the withdrawal of the authorization to use the specialist lawyer title.
Can the specialist lawyer title be revoked?
Yes, the specialist lawyer title can be revoked by the bar association if the legal or statutory requirements are no longer met or if serious breaches of duty have occurred. Such grounds may include, in particular, failure to comply with continuing education obligations, providing false information during the application process, or lacking the required practical experience. In the course of revocation proceedings, the affected lawyer is given the opportunity to comment. Legal remedies against such a decision by the bar association are permitted and will generally lead to judicial review of the revocation.
In how many areas of law can a lawyer be a specialist lawyer at the same time?
According to § 43c (1) BRAO in conjunction with § 10 FAO, the number of specialist lawyer designations that a lawyer may simultaneously hold is limited to three areas of law. Holding multiple specialist lawyer designations at the same time requires that the special theoretical knowledge and special practical experience has been documented for each individual field as defined by the FAO.
What effect does the specialist lawyer title have in legal proceedings?
The specialist lawyer title serves as a mark of quality, which can be interpreted by parties in court proceedings as an indication of special expertise and litigation experience. However, opposing parties and courts are not legally required to place greater trust in a specialist lawyer than in other lawyers. Nonetheless, the title may be factored into fee determinations (for example, when the selection of a particularly specialized lawyer is deemed necessary under § 91 (2) ZPO) or in assessing suitability in the context of a court-appointed defense.
Is there a state or central examination office for specialist lawyers?
The examination and awarding of the specialist lawyer title is not the responsibility of a state authority, but rather of the regionally competent bar associations. These associations review the application in an independent administrative process; in case of disputes over the award or revocation of the specialist lawyer title, legal recourse to legal and administrative courts is available.
Is the specialist lawyer title limited in time?
The specialist lawyer title is generally unlimited, as long as the requirements continue to be met. The annual continuing education obligation serves to keep the expertise up to date. In case of prolonged inactivity in the relevant area of law or repeated breaches of continuing education requirements, the authorization to use the title may be temporarily or permanently withdrawn. However, it does not expire automatically after a certain period.
