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Admission to the Bar Granted

What are the consequences of being admitted to the bar?

Your responsible authority

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  • Detailed description

    The legal service as a lawyer requires admission to the bar. At the same time, the act of appointment confers the title of lawyer and grants a comprehensive authority to advise, represent, shape and mediate in legal matters

  • Requirements
    • According to § 4 BRAO, only those who have acquired the qualification to hold judicial office in accordance with the German Judges Act or who fulfil the integration requirements under the Act on the Activities of European Lawyers in Germany ( EuRAG ) or who have passed the aptitude test under this Act can be admitted to the bar.
    • Admission to the bar is granted upon application in accordance with § 6 para. 1 BRAO.
  • Documents
    • Personnel sheet with photograph (included in the admission application form)
    • Questionnaire (included in the admission application form)
    • Copy of birth certificate (uncertified)
    • Copy of marriage certificate in case of name change (uncertified)
    • Curriculum vitae
    • Proof of payment of the management fee
    • Proof of professional indemnity insurance or provisional confirmation of cover
    • Declaration of exemption from the employer as well as employment contract (only for in-house lawyers, see leaflet)
    • Certified photocopy of the certificate of examination on the acquisition of the qualification for judicial office
    • Certified photocopy of the diploma certificate of a graduate lawyer and the diploma certificate as well as proof of legal practice of at least two years (see leaflet)
    • Certified photocopy of the certificate of teaching qualification for law of the former GDR
    • Proof of at least three years of effective and regular practice as a European lawyer in private practice in Germany in the field of German law, including Community law
    • In the case of less than three years of experience as a European lawyer in private practice in the field of German law, proof of the requirement for admission pursuant to § 13 in conjunction with §§ 14, 15 EuRAG
    • certified photocopy of the certificate of aptitude test in accordance with § 16 EuRAG
  • Fees

    € 275.00 (§ 1 No. 1 Regulations of the Bar Association of the State of Brandenburg on the levying of administrative fees for the admission procedure and the appointment of representatives - GO)

  • Process

    After receipt of application:

    • Registration of the case and assignment of a file number
    • Control of the submitted documents by means of a checklist
    • Request for information from the Federal Central Register
    • Subsequent request for further required documents
    • Control of receipt of payment of the registration fee
    • Submission of the complete documents to the Board of Directors for review and decision

    After decision on admission:

    • Preparation of the act of admission by means of swearing-in
    • Letter of summons to applicants
    • Preparation of the certificate of admission to the bar and the certificate of admission to the chamber district as well as the swearing-in protocol with the corresponding oath formula
    • Swearing-in by the President/Board of Directors of the RAK
    • Transfer of the data to the lawyers' directory, assignment of a membership number and creation of a personnel file
    • Registration of the lawyer in the Federal Register of Lawyers
  • Duration

    4 weeks

  • Responsible authority

    The Bar Association is responsible

  • Legal basis
    • §§ 6 et seq. Federal Lawyers' Act (BRAO)
  • Pointer
    • The use of the title of lawyer without a corresponding appointment can constitute the criminal offence of presumption of title within the meaning of § 132 a of the German Criminal Code (StGB). Legal advice that is not provided on the basis of a lawyer's license or a privilege of the Act on Extrajudicial Legal Services (Legal Services Act - RDG) may be punished as an administrative offense.
    • In addition to the professional qualification and proof of other formalities, admission to the bar requires the fulfillment of a number of positive and negative criteria, which are laid down in § 7 BRAO, among others. Where there are indications, these circumstances must be reviewed, which may lead to a delay in the authorisation procedure. If the grounds for refusal of admission exist, admission cannot take place.
    • Insofar as the negative criteria laid down in § 7 BRAO occur or become known after admission (e.g. occupational disability due to illness, insolvency, criminal convictions of a certain degree of severity), this entails the subsequent revocation or withdrawal of the lawyer's license
  • More information
  • Approved

    Ministry of Economic Affairs, Labour and Energy

    of the State of Brandenburg

    Heinrich-Mann-Allee 107

    14473 Potsdam

    Phone: +49 (0)331 866-1676

    Fax.: +49 (0)331 866-1753

  • Approved date
    16.01.2020