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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.
Lawyers have a wide range of opportunities for professional cooperation. The institute of the professional practice association enables lawyers to join forces with each other, but also with members of other professions. For example, an association with patent attorneys, tax consultants, tax agents, auditors and sworn accountants is possible. An association with members of other liberal professions is also permitted under the conditions of section 59c (1) sentence 1 no. 4 of the Federal Lawyers' Act (BRAO). Members of the legal professions from other countries may also be included in professional associations if they would be entitled to establish themselves in Germany under the Act on the Activities of European Lawyers in Germany or under section 206 BRAO.
Professional practice firms are free to choose their legal form: they can organize themselves in any legal form permitted under German law. Commercial companies are also possible. In addition, European companies are permitted, as are companies that are permitted under the law of a member state of the European Union or a signatory state to the Agreement on the European Economic Area.
Professional practice companies in which lawyers hold the majority of voting rights and in which the majority of the members of the management body are lawyers may call themselves "Rechtsanwaltsgesellschaften".
Professional practice companies must be licensed by the locally competent bar association.
A prerequisite for admission is that the partners and members of the management and supervisory bodies belong to the professional groups listed in sections 59b and 59c BRAO. The professional practice company must have chosen an admissible legal form and must not be in a state of financial collapse. It must also provide evidence that it has taken out professional liability insurance or present a provisional cover note. The professional liability insurance must be taken out with an insurance company authorized to do business in Germany and must cover liability risks for financial losses arising from advice and representation in legal matters. It must be maintained for the duration of the activity.
Once licensed, professional practice companies become members of the licensing chambers.
Admission is not required for
However, the aforementioned companies can voluntarily apply for admission. After admission, they also become members of the admitting bar association.
Fees are charged for admission. These are determined by the bar association.
In addition, there is an annual membership fee set by the respective bar association for the company as well as the chamber fee for the individual natural persons, insofar as they are also members of the respective bar association. Information on the amount of the annual membership fees can be obtained from the bar associations.
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).
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.