Ausübung des Berufs als Rechtsanwalt im öffentlichen Dienst Gestattung

Under what circumstances is a lawyer allowed to work in the public sector at the same time?

In principle, the simultaneous activity of a lawyer in the public service is not permitted under professional law and leads to the loss of the lawyer's license in accordance with § 14 (2) No. 8 of the Federal Lawyers' Act (BRAO).

§ 47 BRAO formulates an exception to this rule:

Insofar as the professional activity in the public service as a judge, civil servant, soldier and employee is limited in time, the admission is maintained, while a representative is appointed for the professional or, exceptionally, he remains permitted to continue to practise as a lawyer.

Job profile and proof of fixed-term employment by means of suitable documents, e.g. a photocopy of the employment contract

Notification of another, temporary activity in the public service with a concomitant, precise definition of the job profile and the conditions of employment (informal)

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

approx. 2 weeks

The authorisation to work as a lawyer in parallel for civil servants, judges and soldiers on a temporary basis is an exception provided for by law, which is virtually not applied in practice. For temporary employees, the job profile and the external appearance are decisive; the administrative, purely internal activity is generally permissible, the executive activity with a corresponding external appearance is not.

The Bar Association is responsible