Rechtsanwaltschaft, Berufsausübung als Rechtsanwalt / Rechtsanwältin bei Tätigkeit im öffentlichen Dienst gestatten

• § 47 Absatz 1 Satz 2 Bundesrechtsanwaltsordnung (BRAO) – Rechtsanwälte im öffentlichen Dienst

In principle, the simultaneous activity of a lawyer in public service is not permitted under professional law and leads to the loss of admission to the bar.

The Bundesrechtsanwaltsordnung (BRAO) contains an exception to this rule:

• Insofar as the professional activity in the public service as a judge, civil servant, soldier or employee is limited in time, the admission to the bar is maintained, whereas
• a substitute is appointed for professionals or, exceptionally, they are allowed to continue practising as a lawyer.

Single Point of Contact

For this procedure, you can make use of the service of the point of single contact. He or she will guide you through the procedure, take care of the correspondence with all the authorities responsible for your matter and will be at your side as a competent advisor.

Job description and proof of the fixed term by means of suitable documents (example: copy of the employment contract)

• the applicant is a member of the Rechtsanwaltskammer
• Notification of other temporary employment in the public service with simultaneous, precise definition of the job profile and the conditions of employment (informal)
• Application (informal) to be allowed to continue practising as a lawyer
• Permission to practise as a lawyer does not jeopardise the interests of the administration of justice.

Costs of proceedings: none

Procedure

You submit your application via the special electronic lawyer's mailbox (beA). It is not possible to submit an application via Amt24.

• After receipt of the informal application for permission to practise as a lawyer, the Bar examines the requirements.
• The office of the Bar examines whether the professional qualification is equivalent.
• You will receive a decision from the Bar.

• up to 3 months after submission of the required documents and data

none

Action before the Lawyers' Disciplinary Court (more details on the procedure in the decision)