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Practice of the profession of lawyer in the public service Authorisation
Under what circumstances is a lawyer allowed to work in the public sector at the same time?
Your responsible authority
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Detailed description
In principle, the simultaneous activity of a lawyer in the public sector is not permitted under professional law and leads to the loss of the lawyer's license in accordance with Section 14 (2) No. 8 of the Federal Lawyers' Act (BRAO).
Section 47 BRAO formulates an exception to this rule:
Insofar as the professional activity in the public service as a judge, civil servant, soldier and employee is limited in time, the licence is maintained, while a representative is appointed for the professional or, exceptionally, is permitted to continue practicing in the profession as a lawyer.
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Requirements
Notification of another, temporary activity in the public service with a simultaneous, precise definition of the job profile and the conditions of activity (informal)
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Documents
Job profile and proof of fixed-term employment by means of suitable documents, e.g. a photocopy of the employment contract
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Process
After receipt of application:
- Assignment to the personnel file
- Submission of the application to the Board of Directors for review and decision
After decision:
- Letter of approval
- Registration in the personnel process and in the chamber's internal directory of lawyers
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Duration
approx. 2 weeks
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Responsible authority
The Bar Association is responsible
- Legal basis
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Pointer
The authorisation of parallel work as a lawyer for civil servants, judges and temporary soldiers is an exception provided for by law, which is virtually not applied in practice. For temporary employees, the job profile and the external appearance are decisive; the administrative, purely internally oriented activity is usually permissible, the executive activity with a corresponding external appearance is not.
- More information
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Approved
No professional approval. If necessary, please contact the Ministry of Justice and for Europe and Consumer Protection.
Phone (0331 866-0)
Poststelle@mdjev.brandenburg.de