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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).
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Requirements
Proof that the establishment/maintenance of a law firm is unreasonable or impossible, temporarily or permanently (informal application with justification)
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Documents
Credibility of the impediment by means of appropriate documents
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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
1 week
- Legal basis
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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
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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
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Approved date
16.01.2020