Legal profession; application for admission to the bar
The activity under the German designation "Rechtsanwalt" requires an admission according to § 4 Bundesrechtsanwaltsordnung (BRAO).
The application for admission to the bar must be addressed to the bar association in whose district the admission is sought. After admission, a law office must be established and maintained in the district of this Bar.
Admission to the Bar shall become effective upon delivery of a certificate issued by the Bar (Section 12 (1) BRAO). The certificate may not be handed over until the applicant has been sworn in and has provided proof of professional liability insurance or a provisional confirmation of coverage (Section 12 (2) BRAO).
Upon admission, the Rechtsanwalt becomes a member of the admitting Bar and may practice under the German professional title "Rechtsanwältin" or "Rechtsanwalt" (Section 12 (3) and (4) BRAO).
At the same time as admission, compulsory membership in the pension scheme arises. The Bavarian Lawyers' and Tax Consultants' Pension Fund automatically contacts the new members of the Bar and also sends the necessary application forms for exemption from compulsory insurance in the statutory pension insurance or for subsequent insurance to the pension fund for the period of legal clerk service.
The prerequisite for admission to the bar is the acquisition of the qualification for the office of judge according to § 5 of the German Judges Act or the fulfillment of the integration requirements according to §§ 11 ff. of the Act on the Activity of European Lawyers in Germany (EuRAG) or a certificate of the examination office according to § 16a paragraph 5 EuRAG that an equivalent professional qualification exists.
Application form "Admission to the bar
certified examiner's certificate
(Certified copy of the examination certificate on the acquisition of the qualification for judicial office according to Section 5 of the German Judges Act (Second State Examination in Law) or of the certificate on passing the qualifying examination or on another admission requirement according to Section 4 BRAO. The certification must have been carried out by a notary public or a sealing authority. For the admission procedure, the certification can also be made by the Bar itself).
Proof of the conclusion of professional liability insurance
(During the period of admission to the bar, professional liability insurance must be maintained without interruption with an insurance company authorized to do business in Germany. The minimum insurance sum is 250,000 euros for the individual case of damage. The benefits of the insurer for all damages caused within one insurance year can be limited to four times the amount of the minimum insurance sum (§ 51 BRAO ).
Action against the Bar Association (Sections 112a et seq. of the Federal Lawyers' Act)
Links to more information
Responsible for editing:Bayerisches Staatsministerium der Justiz
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