Introduction:
In today's global business
environment, many foreign businesses and individuals find themselves with legal
issues requiring the services of an attorney in Germany. No matter what your
reason for coming to Germany or Germany is for your business, you will find
that there are many reasons why you might need a German lawyer.
As an American lawyer, my client was
hired by a German company to help with a dispute regarding a transaction. He
spoke to me over the phone in English and told me, "I'd like you to
prepare documents for me in Germany."
What
are the requirements for an English lawyer to be entitled to practice in
Germany?
The requirements for an English lawyer
to be entitled to practice in Germany are similar to those of any other lawyer.
They must have been admitted as a solicitor or barrister in England and Wales,
the United States of America, Australia, or Canada, and they must have
completed one year's experience in Germany.
If you have been admitted as a
solicitor or barrister in the United Kingdom, you will automatically be
entitled to practice law in Europe after completing a three-month period of
practical training. However, if your English qualification was obtained outside
England, such as from another country or state within the United States, you
will need to pass an examination that qualifies you for admission into
Germany's bar association.
It is important that you are aware
that only lawyers who are qualified in their home country can practice law in
Germany without being registered with the German Bar Association (BVerfG). If
you wish to practice law in Germany without being registered with this
organization then it is necessary for your home country's laws governing legal
practitioners' qualifications to be similar enough to ours so that we can
recognize each other's qualifications.
Can
you advise on the process of obtaining a license and any costs involved?
You can practice law in Germany as
long as you have a license. However, it is important to note that the German
bar association does not recognize law degrees from other countries as meeting
their standards of academic qualification. If you want to practice law in
Germany, you will need to get your degree recognized by the German bar
association.
The process of obtaining a license
is relatively simple. You can apply online through the
Bundesrechtsanwaltsordung für Deutschland (BRAO) website. When you are ready to
submit your application, you will need to pay a fee of €250 and provide proof
of your academic qualifications and an English translation of your diploma or
transcript with an apostille stamp from your university. In addition, if you
plan on working with clients who do not speak English well, then it is
advisable that you have an interpreter present with your application materials
when they are submitted for review.
Once your application has been
approved by the local office of the BRAO and has been mailed back to you, then
it will take about two weeks before you receive your official license from
them. It is important that before starting any legal practice in Germany that
you register at their central office so that they can keep track of all their
registered lawyers'.
Will
I be subject to any language tests or need to speak German?
If you are a British lawyer with
good German knowledge, you will be able to practice law in Germany. However, if
you are not familiar with the language, there are some practical problems that
you need to consider.
The first question is whether or not
you will be required to speak German at all. If not, then there is no reason
why you could not practice your profession in Germany. But if you will have to
speak German, then it's up to your client whether or not they can understand
what you say and this may affect your ability to work effectively.
There
are two questions here.
There are two questions here.
The first is whether you have to be
a German lawyer to practice in Germany. The answer is no, not if you are
willing to work under German law and with German clients. But if you want to
practice international law then you will need to be a German lawyer.
The second question is whether
English lawyers can practice in Germany. The answer is yes, but only if they
want to work for a German lawyer or a firm that has an office in Germany (such
as DLA Piper).
As
far as I know yes, this is possible.
As far as I know yes, this is
possible. If you want to practice in Germany, then you will need to have a
German law degree or diploma from a German university.
Germany is not a member of the
European Union and does not recognize the qualifications of foreign lawyers.
This means that there are no reciprocal rights for practicing in other EU
countries. Therefore, if you wish to practice law in Germany, it is necessary
to obtain a special license from the state prosecutor's office
(Staatsanwaltschaft).
In addition to the license, which is
issued on legal competence grounds, you will also have to register your law
firm with the local authorities and obtain an official seal.
But:
there are very few lawyers who do it in practice.
But: there are very few lawyers who
do it in practice. The German lawyer's guild does not allow non-German lawyers
to practice in Germany, which means that the number of English lawyers allowed
practicing in Germany is limited if not zero.
If you want to practice in Germany,
you will have to be a member of the Deutscher Anwaltverein (DAV) and meet their
requirements for admission. This can involve either successfully completing a
two-year training program and passing an examination on German law or being
admitted as a trainee by the German Supreme Court or Federal Administrative Court.
There are some exceptions, however:
If you already have a degree from a US university, then you may be able to
study for the bar exam in Germany without having completed any other academic
requirements first.
Conclusion:
Many English-trained lawyers already
work in Germany. If you have the right qualifications, it is possible to
practice as an attorney with a German license. Your background will be taken
into consideration and you will be assessed on your legal knowledge.
Yes, English lawyers can practice in
Germany but there are some limitations. If you're planning on moving to Germany
and want to practice law there, then you are legally eligible. However, if
you've been disbarred from practicing law in England, then it will not be
possible for you to do so in Germany.
0 Comments