Legal advice law / Occupation right of the attorneys

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General information

The legal advice becomes in Germany by the legal advice law (RBerG) (called until 1958 law for preventing of abuses on that areas of the legal advice) as well as in five regulations for the execution of the legal advice law regulated. Afterwards only such persons may procure stranger legal matters - including drawing in demands (collection) - commercially beside attorneys, an appropriate official permission is given to which. Other persons may not lead for example the designation legal advice or operate legally a collection enterprise.

Part the of laws

The law decided on 13 December 1935 (RGBl. I P. 1478) should prevent primarily that the Jewish attorneys removed from the bar could be active further for their Jewish mandators right (it was anyway already forbidden to the not-Jewish right advisors and attorneys). Thus it meant in "§ 5 of the first regulation for the execution of the legal advice law (from 13 December 1935, RGBl. I P. 1481): "Jews permission is not given." These implementing regulations were waived 1945. Further Jews became the introduction (collection), which forbids acquisition (Exkasso) as well as the transfer (assignment) of demands. Therefore they had to copy their accounts receivable and credits as unenforceable. Many enterprises were sold immediately thereafter for a ridiculous price, in order to escape a bankruptcy. Shortly thereafter also the first large emigration wave began.

Continuation after WK-2

After the Second World War one understood to receive the legal basic intention there that the right-looking for public should be protected against it, to unqualified right advice.

Criticism at the RBerG

The law experiences increasing criticism as the protection of the economic interests of the bar serving adjustment instrument and as patronizing the citizen, by which also altruistische activities were inadequately strongly limited. In particular the missing definition of a legal advice in the sense of the law makes the demarcation more difficult more permitted from bad consultation by non--lawyers. To it belongs for example consultation over conveyances, which after present interpretation attorneys is to remain exclusive reserving.

However a public statement of the Federal Government made possible to be active to the topic insolvency advisor management consultants in this range already.

On 29 July 2004 the Federal Constitutional Court decided that the penalty clauses of the RBerG in the light of its protection purposes are to be laid out. In the concrete procedure the condemnation of a retired judge was waived. This had been noticeable because of provision of strange legal matters themselves and had announced to do also further without possessing an appropriate permission. The advice-looking for are not endangered in this special case due to the substantial professional experience of the former judge. Its condemnation to a fine is therefore disproportionate and hurts it in its general freedom of action (kind 2 exp. 1 GG). (BVerfG 1 BvR 737/00)

Reform movement

The Federal Government announced 2004 in a lecture of the parliamentary undersecretary of state in the Federal Ministry of the law Alfred hard brook in the spring to want to suggest a fundamental reform of the law. A goal is to be that in the future by organizations and persons free right advice may be given.

The German lawyer association (DAV) submitted for this at the beginning of April to 2004 a counter project, which is to protect the interests of condition of the attorneys against any competition large. On 13 April 2005 the Federal Ministry of the law published a ministerial draft bill for a right service law (RDG), which is to replace the legal advice law. The legislative procedure should have been introduced in the summer 2005. In addition it did not come due to the question of confidence and the preferred new election any longer. In the new coalition contract it is located that to the status quo is to be held. The right service law is thus taken the money.

RBerG and your-genuinly

A bulkheading of the German market before foreign offerers from the range of the European Union, who may give abroad permission-free right advice, of critics under the criterion of the liberty to be allowed to offer services European-wide regarded as offence approximately your-genuinly.