A lawyer can be expelled for incompetence

Federal Lawyers' Act (BRAO n.a.Abk.)


Part two admission of the lawyer

First section admission to the bar

§ 6 Application for admission to the bar



(1) Admission to the bar is granted upon application.

(2) An application may only be rejected for the reasons specified in this Act.




§ 7 Refusal of Admission



Admission to the bar is to be denied

1.
if the applicant has forfeited a fundamental right after the decision of the Federal Constitutional Court;

2.
if the applicant is unable to hold public office as a result of a criminal conviction;

3.
if the applicant has been excluded from the legal profession by a final judgment and eight years have not yet passed since the judgment became final, number 5 remains unaffected;

4.
if the person making the application has been legally recognized in the judicial administration in proceedings on the judge's charge for dismissal or in disciplinary proceedings for removal from service;

5.
if the applicant is guilty of behavior that makes them appear unworthy to practice as a lawyer;

6.
if the applicant fights the free democratic basic order in a criminal manner;

7.
if the applicant is not only temporarily unable to properly practice the profession of lawyer for health reasons;

8.
if the applicant carries out an activity which is incompatible with the profession of lawyer, in particular his position as an independent judicial body, or which may jeopardize confidence in his or her independence;

9.
if the applicant is in financial decline; a collapse of assets is presumed if insolvency proceedings are opened against the applicant's assets or if the applicant is entered in the register to be kept by the enforcement court (Section 26 (2) of the Insolvency Code, Section 882b of the Code of Civil Procedure);

10.
if the applicant is a judge, civil servant, professional soldier or temporary soldier, unless he performs the tasks assigned to him on a voluntary basis or his rights and obligations are based on §§ 5, 6, 8 and 36 of the Deputies Act or corresponding legal provisions rest.




§ 8 (repealed)







§ 9 (repealed)







§ 10 Suspension of the admission procedure



(1) The decision on the application for admission to the bar can be suspended if an investigation or criminal proceedings are pending against the applicant on suspicion of a criminal offense.

(2) The decision on the application is to be suspended if a public charge has been brought against the applicant for a criminal offense which may result in the inability to hold public office.

(3) However, a decision is to be taken on the application for admission to the bar if it is to be rejected without prejudice to the result of the preliminary investigation or the outcome of the criminal proceedings.




§ 11 (repealed)







§ 12 Admission



(1) Admission to the legal profession becomes effective when a certificate issued by the Bar Association is issued.

(2) The certificate may only be handed over if the applicant

1.
is sworn in and

2.
Has proven that he has taken out professional liability insurance or has submitted a provisional cover letter.

(3) Upon admission, the applicant becomes a member of the admitting Bar Association.

(4) After admission, the activity may be carried out under the professional title "Rechtsanwältin" or "Rechtsanwalt".




§ 12a Swearing in



(1) The applicant must take the following oath before the Bar Association:

"I swear by God Almighty and All-Knowing to uphold the constitutional order and to conscientiously fulfill the duties of a lawyer, so help me God."

(2) The oath can also be taken without a religious affirmation.

(3) If a law permits members of a religious community to use another form of affirmation in place of the oath, anyone who is a member of such a religious community can use this form of affirmation.

(4) Anyone who does not want to take an oath for reasons of faith or conscience must make the following pledge:

"I vow to uphold the constitutional order and to conscientiously perform the duties of a lawyer."

(5) If an applicant takes the oath in accordance with Paragraph 1 or the vow in accordance with Paragraph 4, the words “an attorney” will be replaced by the words “an attorney”.

(6) 1A record is to be made of the swearing-in, which also has to contain the wording of the oath or the pledge. The minutes must be signed by the lawyer and a member of the board of directors of the bar association. 3It is to be added to the lawyer's personal files.




§ 13 Expiry of the admission



Admission to the legal profession expires if exclusion from the legal profession is recognized by a final judgment or if the withdrawal or revocation of the admission has become final.




§ 14 Withdrawal and Revocation of Admission



(1) 1The admission to the legal profession is to be withdrawn with effect for the future if facts subsequently become known which, if known, the admission should have been denied. 2The withdrawal of the authorization can be dispensed with if the reasons for which the authorization should have been refused no longer exist.

(2) Admission to the bar is to be revoked,

1.
if the lawyer has forfeited a fundamental right after the decision of the Federal Constitutional Court;

2.
if the lawyer has lost the ability to hold public office as a result of a criminal conviction;

3.
if the lawyer is not only temporarily unable to properly practice the profession of lawyer for health reasons, unless his remaining in the legal profession does not endanger the administration of justice;

4.
if the lawyer has waived his rights from admission to the bar to the Bar Association in writing;

5.
if the lawyer is appointed judge or civil servant for life, is appointed to the service of a professional soldier or is returned to his previous service as a judge or civil servant for life or as a professional soldier in accordance with Section 6 of the Deputies Act or corresponding legal provisions and not to the rights arising from the admission renounced to the legal profession;

6.
(canceled)

7.
if the lawyer has fallen into financial collapse, unless this does not jeopardize the interests of the legal seeker; a collapse of assets is presumed if insolvency proceedings are opened against the lawyer's assets or if the lawyer is entered in the register to be kept by the enforcement court (Section 26 (2) of the Insolvency Code, Section 882b of the Code of Civil Procedure);

8.
if the lawyer carries out an activity which is incompatible with his profession, in particular his position as an independent body responsible for the administration of justice, or which may jeopardize confidence in his independence; this does not apply if the revocation would mean unreasonable hardship for him;

9.
if the lawyer does not have the mandatory professional liability insurance (Section 51).

(3) Admission to the legal profession can be revoked if the lawyer

1.
does not set up a law firm in the district of the Bar Association within three months after the obligation to do so has arisen;

2.
does not fulfill one of the conditions imposed upon the exemption in accordance with Section 29 (1) or Section 29a (2) within three months;

3.
not appoint an authorized recipient within three months of being released from the obligation to maintain a law firm (Section 29 (1), Section 29a (2)) or after the previous authorized recipient has ceased to exist;

4.
gives up his office without having been released from the obligation of Section 27 (1).

(4) 1If the bar association orders the immediate execution of the ruling, Section 155 (2), (4) and (5), Section 156 (2), Section 160 (1) sentence 2 and Section 161 shall apply accordingly. 2In the case of Paragraph 2 No. 9, the order is to be made as a rule.




§ 15 Medical opinion in the event of refusal and revocation of admission



(1) 1If it is necessary to decide on the reason for refusal of § 7 No. 7 or the reason for revocation of § 14, Paragraph 2, No. 3, the Bar Association shall give the person concerned an opinion by one of the parties within a reasonable period to be determined by it to present her to be appointed doctor about his state of health. 2The report must be based on an examination and, if a medical officer considers this to be necessary, on a clinical observation of the person concerned. The person concerned has to bear the costs of the expert opinion.

(2) 1Orders according to paragraph 1 are to be given reasons and served. Appeals against incriminating administrative acts can be lodged against them. 3They have no suspensive effect.

(3) 1If the expert opinion is not submitted within the deadline set by the Bar Association without sufficient reason, it is assumed that the person concerned is not only temporarily unable to properly practice the profession of lawyer for health reasons. The person concerned is to be informed of these consequences when setting the deadline.




§ 16 (repealed)







§ 17 Expiry of the authority to use the professional title



(1) 1When admission to the bar (Section 13) expires, the right to use the professional title "Attorney" ends. 2The designation may also not be used with an addition that refers to the earlier authorization.

(2) The Bar Association can grant a lawyer who waives his rights from admission to the bar because of old age or physical suffering to continue to call himself a lawyer.

(3) The Bar Association can revoke a license that it has granted in accordance with Paragraph 2 if circumstances subsequently arise which would result in the expiry of a lawyer’s admission to the bar.




Second section Law firm and directory of lawyers

Sections 18 to 26 (repealed)







Section 27 Chancellery



(1) The lawyer must set up and maintain a law firm in the district of the bar association of which he is a member.

(2) 1If the lawyer relocates his office, sets up another office or branch, or gives up another office or branch, he must notify the Bar of this without delay. 2The establishment or abandonment of another law firm or a branch in the district of another Bar Association must also be reported to this Bar Association.

(3) 1If the lawyer wants to relocate his office to the district of another bar association, he must apply for admission to this bar. 2The Bar Association accepts the lawyer as soon as he has proven that the office has been relocated to its district. 3The membership in the previous bar association expires upon admission.




§ 28 (repealed)







Section 29 Exemption from the law firm obligation



(1) In the interests of the administration of justice or to avoid hardship, the Bar Association can exempt a lawyer from the obligation of Section 27 (1).

(2) The exemption can be revoked if it is necessary in the interests of the administration of justice.




Section 29a Law Firms in Other Countries



(1) The provisions of this section do not prevent the lawyer from setting up or maintaining offices in other countries.

(2) 1The Bar Association exempts a lawyer who sets up his offices exclusively in other countries from the obligation of Section 27, provided that there are no overriding interests in the administration of justice. 2The exemption can be revoked if it is necessary in the overriding interest of the administration of justice.

(3) The lawyer must notify the bar association of the address of his office in another country as well as its change.




§ 30 authorized recipient



(1) If the lawyer is exempted from the obligation to maintain a law firm, he must designate an authorized recipient to the bar who lives in Germany or who has business premises there.

(2) It is also possible to deliver to the authorized recipient from lawyer to lawyer (Sections 174, 195 of the Code of Civil Procedure) as to the lawyer himself.

(3) 1If, contrary to paragraph 1, an authorized recipient is not appointed, delivery can be effected by posting it to the post office (Section 184 of the Code of Civil Procedure). The same applies if delivery to the authorized recipient cannot be carried out.




§ 31 Lists of the Bar Association and the General Directory of the Federal Bar Association



(1) 1The bar associations keep electronic registers of the lawyers admitted in their districts. 2You can keep your directories as part of the overall directory to be kept by the Federal Bar Association. 3The bar associations enter the data to be stored in their directories into the overall directory in an automated process. 4 The lawyers' association must be determined from the general directory. 5The bar associations only make new entries after an identification process has been carried out. 6You are responsible under data protection law for the data entered, in particular for their correctness and the legality of their collection.

(2) 1The registers of the bar associations and the general register serve to inform the authorities and courts, those seeking legal advice and other parties involved in legal transactions. Everyone is entitled to inspect the directories and the complete directory free of charge. 3The search in the directories and the entire directory is made possible by an electronic search system.

(3) The following must be entered in the registers of the bar associations:

1.
the surname and the first name (s) of the lawyer;

2.
the name of the firm and its address; if there is no law firm, an address that can be sent;

3.
the names and addresses of other existing offices and branches;

4.
Telecommunication data and internet addresses of the law firm and other existing law firms and branches provided by the lawyer;

5.
the job title and specialist lawyer titles;

6.
the date of admission;

7.
Existing professional, professional and representative bans as well as existing, immediately enforceable withdrawals and revocations of admission;

8.
the appointment of a representative or processor and the designation of an authorized recipient, stating the family name, first name or first name and address of the representative, processor or authorized recipient;

9.
in the cases of Section 29 Paragraph 1 or Section 29a Paragraph 2, the content of the exemption;

10.
an interest indicated by the lawyer in taking on legal defenses.

(4) 1The Federal Bar Association must also enter the name of the special electronic attorney's mailbox in the overall directory. 2It is responsible for this data under data protection law. 3The Federal Bar Association must also enable lawyers to enter language skills and key areas of activity in the general directory.

(5) 1The entries for a lawyer in the registers of the bar associations and in the general directory will be blocked as soon as his membership in the bar association holding the directory ends. The entries will then be deleted after a reasonable period of time. 3If membership ends due to a change of bar association, a correction must be made in the general directory instead of blocking and deletion. 4If a processor is appointed, there is no blocking; a block that has already taken place must be lifted. 5A deletion takes place only after completion of the processing.




Section 31a Special electronic attorney's mailbox



(1) 1The Federal Bar Association shall set up a special electronic attorney mailbox ready to receive for each member of a bar association entered in the general directory. 2After setting up a special electronic attorney's mailbox, the Federal Bar Association transmits its name to the competent Bar Association for storage in their directory.

(2) 1For the purpose of setting up the special electronic attorney's mailbox, the Bar shall transmit the surname and first name (s) as well as a serviceable address of the persons who have submitted an application for admission to the Bar to the Federal Bar. 2In the case of in-house lawyers, it must also be reported whether the activity takes place in the context of several employment relationships. The information transmitted must be deleted if the application has been withdrawn or admission to the bar has been irrevocably refused.

(3) 1The Federal Bar Association must ensure that access to the special electronic attorney's mailbox is only possible through a secure procedure with two separate security means.2It must also enable representatives, processors and authorized recipients to use the special electronic attorney's mailbox; Paragraph 2 applies accordingly. 3The Federal Bar Association can provide differently structured access authorizations for members of the Chamber and other persons. 4It is entitled to delete the messages stored in the special electronic attorney's mailbox after a reasonable period of time. 5The special electronic attorney's mailbox should be designed to be barrier-free.

(4) 1As soon as membership in a Bar Association expires for reasons other than changing the Bar Association, the Federal Bar Association revokes the authorization to access the special electronic lawyers' mailbox. 2It deletes it as soon as it is no longer needed.

(5) 1The Federal Bar Association can also set up special electronic lawyers' mailboxes for itself and for the Bar Association. 2 Paragraph 3 sentences 1 and 5 apply.

(6) The owner of the special electronic attorney's mailbox is obliged to provide the technical facilities required for its use and to take note of the delivery and receipt of notifications via the special electronic attorney's mailbox.

(7) 1The Federal Bar Association has to set up a further special electronic attorney mailbox for each additional law firm of a member of a bar association entered in the general directory. 2If the entry of the other law firm in the general directory is deleted, the Federal Bar Association revokes the access authorization to the further special electronic lawyer's mailbox and deletes it as soon as it is no longer required. 3 Paragraph 1 Clause 2 and Paragraphs 3, 4 and 6 of this provision as well as Section 31 Paragraph 4 Clause 1 and 2 apply accordingly to the other special electronic lawyer mailbox.




Section 31b European Directory of Lawyers



In addition to the search according to Section 31 Paragraph 2 Clause 3, the Federal Bar Association enables the retrieval of the information entered in the general directory that is the subject of the European Directory of Lawyers via the electronic search system (European Directory of Lawyers) available on the website of the European Commission.




Section 31c Authorization to issue ordinances



The Federal Ministry of Justice and Consumer Protection regulates the details by ordinance with the consent of the Bundesrat

1.
the collection of data for the electronic registers of the bar associations, the keeping of these registers and the inspection of them,

2.
the data collection for the complete directory, the maintenance of the complete directory and the inspection of the complete directory,

3.
the special electronic lawyers' mailboxes, especially details

a)
their establishment and the data transfer required for this,

b)
their technical design including their accessibility,

c)
their leadership,

d)
the access authorization and use,

e)
of deleting messages and

f)
their deletion,

4.
the retrieval of the complete directory via the European Directory of Lawyers.




Third section administrative procedures

Section 32 Supplementary application of the Administrative Procedure Act



(1) 1Unless otherwise provided, the Administrative Procedure Act shall apply to administrative procedures under this Act or according to an ordinance issued on the basis of this Act. 2The administrative procedures can be handled by a uniform body in accordance with the provisions of the Administrative Procedure Act.

(2) 1A decision on applications must be made within a period of three months; Section 42a (2) sentences 2 to 4 of the Administrative Procedure Act applies accordingly. 2In the cases of Section 15, the period only begins with the submission of the medical report. 3 § 10 remains unaffected.




Section 33 Material and local jurisdiction



(1) The bar associations are responsible for the implementation of this Act and the ordinances issued on its basis, unless otherwise stipulated.

(2) 1The Federal Ministry of Justice and Consumer Protection is authorized to transfer the tasks and powers to which it is entitled under this Act to the President of the Federal Court of Justice. 2The state governments are authorized to transfer the tasks and powers to which the state judicial administrations are entitled under this Act to these subordinate authorities by means of a statutory instrument. 3The state governments can transfer this authorization to the state justice administrations by ordinance.

(3) 1Locally responsible is the Bar Association,

1.
of which the lawyer is a member,

2.
for which admission to the bar has been applied for, unless the competence of another bar association according to number 1 is given, or

3.
in whose district the company that has or is applying for admission as a law firm is based.

2If an application is made for admission to another bar association (Section 27 (3)), it will decide on the application.




Section 34 Delivery



Administrative acts through which admission to the bar or membership in a bar association is established or denied or expires or through which an exemption or permit is denied, withdrawn or revoked must be served.




Section 35 Appointment of a representative in administrative proceedings



If a representative is appointed for the administrative procedure at the request of the Bar Association, a lawyer should be appointed.




Section 36 Determination of the facts and transfer of personal data



(1) In order to determine the facts of the matter in licensing matters, the Bar Association can obtain unrestricted information in accordance with Section 41 (1) No. 11 of the Federal Central Register Act as a regular request.

(2) 1Courts and authorities transmit personal data, knowledge of which from the point of view of the transmitting body for admission to the legal profession, the establishment or termination of membership in a bar association, the withdrawal or revocation of a permit or exemption or for the initiation of complaint proceedings or a legal proceedings are required, the bar association or the body responsible for the decision. The transmission is omitted if

1.
the data subject's interests worthy of protection would be adversely affected by the transmission and the interest in information of the bar association or the body responsible for the decision does not outweigh the interest of the data subject in the failure of the transmission or

2.
special legal usage regulations oppose this.

3Information about the amount of tax debts in arrears can, contrary to § 30 of the tax code, be transmitted for the purpose of preparing the revocation of the admission due to financial collapse; the bar association may only use the tax data for the purpose for which they were transmitted to it.

(3) 1If a lawyer is a member of a professional association of another liberal profession within the scope of this Act, the bar association may transmit personal data about the lawyer to the competent professional association, provided that the information from the point of view of the transmitting body is necessary to fulfill the tasks of the other professional association is required in connection with the admission to the profession or the initiation of complaint proceedings or professional court proceedings. 2 Paragraph 2 Clause 2 applies accordingly.

(4) If the lawyer also belongs to a chamber of notaries and if his membership in a chamber of lawyers ends in a manner other than through death, the chamber shall notify the State Judicial Administration and the Chamber of Notaries immediately.



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