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The application for admission to the bar must be submitted to the bar association in whose district the admission is sought. Once admission has been granted, a law firm must be established and maintained in the district of this bar association.
Admission to the bar becomes effective with the delivery of a certificate issued by the bar association (§ 12 para. 1 BRAO). The certificate may only be handed over once the applicant has been sworn in and has provided proof that professional liability insurance has been taken out or has submitted a provisional cover note (section 12 (2) BRAO).
Upon admission, the lawyer becomes a member of the admitting bar association and may practice under the German professional title "Rechtsanwältin" or "Rechtsanwalt" (Section 12 (3) and (4) BRAO).
Compulsory membership of the pension fund arises at the same time as admission. The Bayerische Rechtsanwalts- und Steuerberaterversorgung automatically contacts the new members of the Bar Association and also sends the necessary application forms for exemption from compulsory insurance in the statutory pension scheme or for subsequent insurance in the pension scheme for the period of legal clerkship.
The prerequisite for admission to the bar is the acquisition of the qualification for judicial office pursuant to Section 5 of the German Judges Act or the fulfillment of the integration requirements pursuant to Sections 11 et seq. of the Act on the Activities of European Lawyers in Germany (EuRAG) or a certificate from the Examination Office pursuant to Section 16a (5) EuRAG that an equivalent professional qualification exists.
(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 ).
The admission fee is 250 to 260 euros. In addition, there is a fee set by the respective bar association (around 320 to 400 euros per year). The fees and contributions can be paid by bank transfer (also via online banking).
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Legal disputes in connection with admission to the bar are decided by the Lawyers' Court (sections 112a et seq. BRAO).
Lawyers may join together to form professional associations for the joint practice of their profession. Associations with members of other professions are also possible. These must generally be approved by the bar associations.
A European lawyer may work as a lawyer in Germany on a temporary and occasional basis under the professional title of his home country.
Lawyers from member states of the World Trade Organization (WTO) can apply for admission to a German Bar Association.
If you have completed training abroad that allows you to work as a lawyer, you can have this qualification recognized. This recognition allows you to work as a lawyer in Germany.