Befreiung von der Kanzleipflicht nach Bundesrechtsanwaltsordnung

Permanent or temporary permission not to set up and maintain a law firm

The establishment/maintenance of a law firm may not be reasonable or even completely impossible for the professional in a few, narrowly defined exceptional cases.

Such situations are recognized for:

• long-term, inpatient hospital or spa stays
• long-term family obligations that preclude the exercise of one's profession, e.g. home care, parental leave
• Establishment of a law firm abroad.

In these cases, the professional should not have to renounce his licence; rather, the licence is maintained and an authorised representative for service is appointed to ensure the smooth continuation of client and court correspondence in accordance with § 30 of the Federal Lawyers' Act (BRAO).

Prima facie evidence of the impediment by means of suitable documents

Proof that temporarily or permanently the establishment/maintenance of a law firm is unreasonable or impossible (informal application with justification)

After receipt of application:

• Assignment to the personnel file
• Submission of the application to the Board of Directors for review and decision

By Decision:

• Letter of Approval
• Registration in the personnel department and in the chamber's internal lawyer directory

1 week

The exemption from the obligation to be a law firm is a narrowly defined privilege that should only be granted in an exceptional situation.

If the law firm is abandoned/closed without one of the exceptions mentioned, this usually leads to the loss of the lawyer's license.

indefinite or temporary permission not to have to set up and maintain a law firm