1. Comparative Law Spring 2002 Professor Susanna Fischer CLASS 19 GERMAN LEGAL PROFESSION & TRAINING II Feb. 22, 2002

2. Wrap-Up: German Legal Training The central principle of German legal training is the Einheitsjurist - the idea of one common training for every type of lawyer. As we shall see, the French take a very different approach

3. THE GERMAN LEGAL PROFESSION What are the major types of German lawyers today?

4. MAJOR TYPES OF GERMAN LAWYERS Rechtsanwalt Staatsanwalt Richter Notar (Nurnotar/Anwaltsnotar) Justitiar Syndikus-Anwalt

5. RECHTSANWALT Rechtsanwalt Werner Forkel at: http://www.forkel.de/index.html Does a Rechtsanwalt have a monopoly over any types of legal services? How many are there?

6. BECOMING A RECHTSANWALT REQUIREMENTS SET OUT IN THE DEUTSCHES RICHTERGESETZ University training First State Law Examination Practical Training Second State Law Examination Befähigung zum Richteramt

7. ANWALTSKAMMER (Bar Association) Cannot exercise separate control on entry to the legal profession by adding separate requirements to the BEFÄHIGUNG ZUM RICHTERAMT In 2000 rules changed - all attorneys can appear before all German first instance courts (in any Land) Some German states require separate admission to Oberlandesgericht.

8. ADVERTISING AND FEES To what extent can Rechtsanwalte advertise? Are there rules governing attorney’s fees?

9. BRAGO and ATTORNEYS’ FEES In most German litigation, the unsuccessful litigant must pay court costs as well pay fees due to the successful litigant’s attorney Costs to be paid by unsuccessful litigant are fixed by federal law, especially the BRAGO Complex fee structure Unethical to demand fee lower than prescribed by BRAGO, but can charge higher fees if there is a fee agreement. Contingency fees are considered unethical

10. FORM OF PROFESSIONAL BUSINESS How may Rechtsanwalte organize their partnerships?

11. STAATSANWALT What is the function of a Staatsanwalt? How many are there? How does one become a Staatsanwalt?

12. RICHTER What is a Richter? How do you become a profesional Richter?

13. NOTAR What is the function of a notar? What is the difference between a Nurnotar and an Anwaltsnotar? How many Nurnotare and Anwaltsnotare are there in Germany? How do you become a Notar?

14. CORPORATE LAWYERS SYNDIKUS-ANWALT Can an in-house lawyer handle cases in court? Compare the work of an in-house lawyer with the work of a Rechtsanwalt.

15. ALTERNATIVE LEGAL PROFESSIONS IN GERMANY What are some other alternative legal professions in Germany?