Serving European lawyers; information on temporary practice of the profession
A European lawyer may temporarily and occasionally practice law in Germany under the professional title of his country of origin.
Description
Persons who are entitled to practice as a self-employed lawyer in a Member State of the European Union, in another Contracting State to the Agreement on the European Economic Area or in Switzerland under one of the professional titles listed in the Annex to the Act on the Activities of European Lawyers in Germany (EuRAG) (European lawyers) may temporarily and occasionally practice as lawyers in Germany (so-called European lawyers on duty).
A European lawyer is someone who is allowed to use one (or more) of the following professional titles:
- in Belgium: Avocat/Advocaat/Lawyer
- in Bulgaria: Адвокат (Advocate)
- in Denmark: Advokat
- in Estonia: Vandeadvokaat
- in Finland: Asianajaja/Advokat
- in France: avocat
- in Greece: Δικηγόρος (dikigoros)
- in Ireland: Barrister/Solicitor
- in Iceland: Lögmaur
- in Italy: Avvocato
- in Croatia: Odvjetnik/Odvjetnica
- in Latvia: Zvērināts advokāts
- in Liechtenstein: Rechtsanwalt
- in Lithuania: Advokatas
- in Luxembourg: Avocat
- in Malta: Avukat/Prokuratur Legali
- in the Netherlands: Advocaat
- in Norway: Advokat
- in Austria: Rechtsanwalt
- in Poland: Adwokat/Radca prawny
- in Portugal: Advogado
- in Romania: Avocat
- in Sweden: Advokat
- in Switzerland: Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech/Avocat/Avocato
- in Slovakia: Advokát/Komerčný právnik
- in Slovenia: Odvetnik/Odvetnica
- in Spain: Abogado/Advocat/Avogado/Abokatu
- in the Czech Republic: Advokát
- in Hungary: Ügyvéd
- in Cyprus: Δικηγόρος (Dikigoros).
European lawyers providing services are in principle authorized to give advice in the field of German law. However, the restriction applies that they may only act as a representative or defender of a client in court proceedings as well as in official proceedings for criminal offenses, administrative offenses, official misconduct or breaches of professional duty, in which clients are not allowed to conduct the legal dispute or defend themselves themselves, in agreement with a lawyer admitted to practice according to the provisions of the Federal Lawyers' Act (Einvernehmensanwalt).
Prerequisites
A prerequisite for the temporary exercise of the profession in Germany is the use of the professional title that may be used according to the law of the country of origin. Anyone who is subsequently entitled to use the professional title "Rechtsanwalt" (such as in Austria) must also indicate the professional organization to which he belongs in the country of origin (e.g. Vienna Bar Association).
The entitlement to practice the profession of a lawyer in the country of origin must be proven upon request to the competent bar association, the court or the authority before which the European lawyer providing services appears.
Links to more information
Status:22.06.2023
Responsible for editing:Bayerisches Staatsministerium der Justiz
- Online transactions, Bavaria-wide
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- Form, Bavaria-wide
- Form, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited
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