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Exemption from the law firm obligation according to the Federal Lawyers' Act

Permanent or temporary permission not to have to set up and maintain a law firm

Your responsible authority

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  • Detailed description

    The establishment/maintenance of a law firm may not be reasonable or even completely impossible for the professional in a few, narrowly defined exceptional cases.

    Such situations are recognized for:

    • long-term, inpatient hospital or spa stays
    • long-term family obligations that preclude the exercise of the profession, e.g. home care, parenting periods
    • Establishment of a law firm abroad.

    In these cases, the professional should not have to renounce his licence; rather, the admission is maintained and an authorized representative is appointed for the smooth continuation of client and court correspondence in accordance with § 30 of the Federal Lawyers' Act (BRAO).

  • Requirements

    Proof that the establishment/maintenance of a law firm is unreasonable or impossible, temporarily or permanently (informal application with justification)

  • Documents

    Credibility of the impediment by means of appropriate documents

  • 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
  • Duration

    1 week

  • Legal basis
  • Pointer

    The exemption from the law firm obligation is a narrowly defined privilege that should only be granted in an exceptional situation.

    If the law firm is abandoned/closed without one of the specified exceptional cases existing, this usually leads to the loss 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