Practising law in Germany

To practice as in-house lawyer in Germany you don´t need to be admitted to the (German) bar. Further jobs are also available in management consulting or in industry associations.

However, to either appear in front of a court, to become judge, prosecutor or attorney, or partner of a partnership of lawyers, you need to be admitted to the German bar.

Admission to the Bar shall become effective upon delivery of a certificate issued by the Bar Association of the respective federal state in which the Rechtsanwalt is domiciled. The certificate may only be handed over if the applicant

• has been sworn in, and
• has provided proof that professional liability insurance has been taken out or has submitted a provisional confirmation of coverage.

Upon admission, the Rechtsanwalt becomes a member of the admitting Bar. After admission, the activity may be exercised under the professional title of "Rechtsanwalt" or "Rechtsanwalt".

1 – To be admitted to the German bar as a “European attorney”

If you were admitted to the bar and practicing as an attorney in a state of the European Union (EU), in another state party to the Agreement on the European Economic Area (EEA), or in Switzerland you can work in Germany as an established lawyer under the professional title of your country of origin if the competent German Bar Association admits you.

Requirements for admission are:

• Citizenship of an EU/EEA state or Switzerland.
• Professional affiliation in the country of origin: This means that you must be registered as a European lawyer with the competent authority in your country of origin.
• Professional liability insurance

Further information about the exact requirements can be found in §§ 3-8 of the Act on the Activity of European Lawyers in Germany (EuRAG) https://www.gesetze-im-internet.de/eurag/index.html#BJNR018210000BJNE001204311.

2 – To be admitted to the German bar as a German “Rechtsanwalt”

There are four ways of becoming a “Rechtsanwalt” according to German law.

a) Law students have to pass two state exams within the territory of Germany before they can be admitted to the bar.

b)Foreign law university diplomas can be examined to determine whether they are equivalent to the 1st state examination in Germany in terms of the knowledge and skills imparted and whether the applicant can individually demonstrate sufficient knowledge of German criminal, civil and administrative law. If these requirements are met, an application for admission to the legal clerkship (Referendariat), can be submitted under the conditions of Section 112a DRiG. The Referendariat is a 24 months practical-oriented legal training in all different legal domains: Civil law, criminal law, administrative law and training with an attorney. The legal trainees are state-employees and supervised by the Higher Regional Courts (“Oberlandesgerichte”) in the different Länder (“Bundesländer”) which determine the course and structure of the Referendariat autonomously. At the end of the Referendariat, the legal trainees pass the Second State Exam divided into a written and an oral part. All courses and Exams take place only in German, excellent knowledge of the German language orally and in writing is crucial.

c) If you were admitted to the bar and practicing as a judge, prosecutor or attorney in a state of the European Union (EU), in another state party to the Agreement on the European Economic Area (EEA), or in Switzerland you are eligible for admission to the German bar if you have practiced effectively and regularly in the field of German law, including Community law, for at least three years as an established European attorney (see above). The exact requirements can be found in §§ 11, 12 of the Act on the Activity of European Lawyers in Germany (EuRAG) https://www.gesetze-im-internet.de/eurag/__11.html. 

d) If you were admitted to the bar and practicing as an attorney in a state of the European Union (EU), in another state party to the Agreement on the European Economic Area (EEA), or in Switzerland you can apply for an examination to determine that you have an equivalent professional qualification and are entitled to admission in Germany.

In this case, you do not need to have previously worked as an established European attorney, but you do need to take part in an individual aptitude test conducted by the state judicial examination offices of the federal states. In order to become a public prosecutor or judge, however, one must also be a German citizen and have passed the two state examinations. The exact requirements for admission to the German bar as an attorney by equivalent professional qualification can be found in §§ 16 ff of the Act on the Activity of European Lawyers in Germany (EuRAG) https://www.gesetze-im-internet.de/eurag/__16.html.

3 – What to do if you are admitted to any other national bar outside the EEA

a) Lawyers from member states according to § 206 BRAO

Lawyers from a member state of the World Trade Organization as well as from Serbia, who practice a profession which corresponds to the profession of a lawyer according to this law in terms of training and powers, also have the possibility in principle to be admitted to the bar according to §§ 206f. BRAO (Federal Lawyers' Act) to be admitted to the bar association responsible for their place of establishment in Germany. After successful admission, they are entitled to establish themselves in Germany under the professional title of the state of origin, but only to provide legal services in the fields of the law of the state of origin and international law. The states that are covered by this can be found in the Ordinance on the Implementation of Section 206 of the Federal Lawyers' Act (Bundesrechtsanwaltsordnung). Lawyers from these states can also become members of the state bar associations.

https://www.gesetze-im-internet.de/brao_206dv/BJNR288600002.html. 

b) Lawyers from other states than member states according to § 206 BRAO

Unfortunately, lawyers from other countries cannot become members of the federal bar associations. However, they can be registered as legal experts in a foreign law for the provision of legal services in the area of that law (Section 10, Paragraph 1, Sentence 1, No. 3 RDG). The competent authorities for granting such a permit are usually specially designated district courts in the individual federal states.

You might find it helpful contacting the Foreign Lawyers Association of Germany (AAV).https://foreign-lawyers-association.com/english.html.

4 – To practice as Patent Attorney

As patent attorney, you are providing advice and are specialised in the field of industrial property protection. In order to enter into this profession, you must have completed a university degree in science or technology and have (work) experience of one year in the field of technology.

a) In Germany

The educational period is followed by a three-year training at a patent attorney, at the DPMA and the Federal Patent Court as well as by the patent attorney examination.

Before beginning your patent attorney training, you must be admitted to the training by the DPMA. This is subject to a written request. Furthermore, you must have found a training place at a patent attorney. The website of the German Chamber of Patent Attorneys offers an electronic register of patent attorneys allowing you to search for training places.

Responsible for patent attorney matters is the German Chamber of Patent Attorneys. This concerns admission to practice as patent attorney including the swearing-in and entry into the electronic register of patent attorneys, revocation of admission, appointment of a liquidator, appointment of a deputy as well as exemption from the duty to have a law firm.

b) European Patent Attorney

To represent applicants before the EPO attorneys must hold the title of an European Patent Attorney. The European qualifying examination (EQE) tests candidates' knowledge and aptitude to represent applicants in EPO proceedings. Established in 1979, it is widely regarded as one of the most demanding professional examinations having been passed by more than 10 000 candidates already.

Candidates for the European qualifying examination must possess a scientific or technical qualification - for example, in biology, biochemistry, chemistry, electronics, pharmacology or physics. Decisions on qualifications are based on Article 11(1)(a) of the Regulation on the European qualifying examination (REE) and Rules 11 to 14 of the Implementing provisions to the REE.

At the date of the examination, candidates must have trained for three years (two years for the pre-examination) under the supervision of a professional representative or as an employee dealing with patent matters in an industrial company established in one of the contracting states. The mandatory practical training is very important, since a great deal of the knowledge required by a European patent attorney is gained during this period. During this period the candidates must take part in a wide range of activities pertaining to patent applications or patents.

Please find more information on courses, requirements, e.g. on  https://www.epo.org/learning/eqe/faq.html.