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Federal Code for Lawyers
(Bundesrechtsanwaltsordnung – BRAO)

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Übersetzung durch Ute Reusch

Translation provided by Ute Reusch

Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 22 des Gesetzes vom 5. Oktober 2021 (BGBl. I S. 4607)
Der Stand der deutschsprachigen Dokumentation kann aktueller sein. Vergleichen Sie dazu bitte http://www.gesetze-im-internet.de/brao/BJNR005650959.html.

Version information: The translation includes the amendment(s) to the Act by Article 22 of the Act of 5 October 2021 (Federal Law Gazette I, p. 4607)
Translations may not be updated at the same time as the German legal provisions displayed on this website. To compare with the current status of the German version, see http://www.gesetze-im-internet.de/brao/BJNR005650959.html.

Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter "Translations".

For conditions governing use of this translation, please see the information provided under "Translations".

           
Part 1
Lawyers
Section 1Status in administration of justice
Section 2Profession of lawyer
Section 3Right to give legal advice and represent clients
Part 2
Admission as lawyer
Division 1
Admission to legal profession
Section 4Access to profession of lawyer
Section 5(repealed)
Section 6Application for admission to legal profession
Section 7Denial of admission
Section 8(repealed)
Section 9(repealed)
Section 10Stay of admission procedure
Section 11(repealed)
Section 12Admission
Section 12aSwearing in
Section 13Expiry of admission
Section 14Withdrawal and revocation of admission
Section 15Medical report in event of denial and revocation of admission
Section 16(repealed)
Section 17Lapse of entitlement to use professional title
Division 2
Law office and registers of lawyers
Section 18(repealed)
Sections 19 to 21(repealed)
Section 22(repealed)
Section 23(repealed)
Section 24(repealed)
Sections 25 and 26(repealed)
Section 27Law office
Section 28(repealed)
Section 29Exemption from obligation to establish law office
Section 29aLaw offices in other states
Section 30Authorised recipient
Section 31Registers kept by bar associations and Central Register of Federal Bar Association
Section 31aSpecial electronic legal mailbox
Section 31bRegister of European Lawyers
Section 31cAuthorisation to issue statutory instruments
Division 3
Administrative procedures
Section 32Supplementary application of Administrative Procedure Act
Section 33Competence and jurisdiction
Section 34Service
Section 35Appointment of deputy in administrative proceedings
Section 36Establishment of facts and transmission of personal data
Section 37Substitution of written form
Sections 38 to 42(repealed)
Part 3
Rights and duties of lawyers and professional cooperation amongst lawyers
Division 1
General matters
Section 43General professional duty
Section 43aBasic duties
Section 43bAdvertising
Section 43cSpecialist lawyers
Section 43dDisclosure and information requirements in regard to collection services
Section 43eAvailment of services
Section 44Notification of refusal to take on case
Section 45Prohibition of professional activity
Section 46Salaried lawyers and in-house lawyers
Section 46aAdmission as in-house lawyer
Section 46bExpiry of and amendment to admission as in-house lawyer
Section 46cSpecial provisions applicable to in-house lawyers
Section 47Public-sector lawyers
Section 48Obligation to take on legal representation in court
Section 49Court-appointed counsel and assisting as legal counsel
Section 49aObligation to render advisory assistance
Section 49bRemuneration
Section 49cSubmission of protective pleadings
Section 50Reference files
Section 51Professional indemnity insurance
Section 51aProfessional indemnity insurance for partnership with limited professional liability
Section 52Contractual limitation on claims for compensation
Section 53Appointment of deputy
Section 54Powers of deputy
Section 55Appointment of liquidator for law office
Section 56Special obligations vis-à-vis executive board of bar association
Section 57Penalty payment for breach of special obligations
Section 58Membership files
Section 59Training of trainee lawyers
Section 59aProfessional collaboration
Section 59bCompetence to make rules
Division 2
Rechtsanwaltsgesellschaft
Section 59cLicensing as Rechtsanwaltsgesellschaft and participation in professional associations
Section 59dLicensing requirements
Section 59eShareholders
Section 59fManagement
Section 59gLicensing procedure
Section 59hLapse of licence
Section 59iLaw office
Section 59jProfessional indemnity insurance
Section 59kName of Rechtsanwaltsgesellschaft
Section 59lRepresentation before courts and authorities
Section 59mDisclosure requirement, applicable provisions and obligation of confidentiality
Part 4
Bar associations
Division 1
General matters
Section 60Formation and composition of bar associations
Section 61(repealed)
Section 62Status
Division 2
Constituent bodies of bar association
Subdivision 1
Executive board
Section 63Composition
Section 64Elections to executive board
Section 65Eligibility for election
Section 66Non-eligibility for election
Section 67Right to refuse to stand for election
Section 68Term of office
Section 69Premature retirement from office
Section 70Meetings
Section 71Quorum
Section 72Resolutions
Section 73Tasks
Section 73aSingle entity
Section 73bAdministrative authority regarding regulatory offences
Section 74Right to issue reprimands
Section 74aApplication for decision from lawyers’ disciplinary court
Section 75Honorary capacity
Section 76Obligation of confidentiality; availment of services
Section 77Sections
Subdivision 2
Presiding board
Section 78Composition and election of presiding board
Section 79Presiding board’s tasks
Section 80President’s tasks
Section 81Reports on activities of bar association and election results
Section 82Secretary’s tasks
Section 83Treasurer’s tasks
Section 84Collection of outstanding membership dues
Subdivision 3
Assembly of bar association
Section 85Convocation of assembly of bar association
Section 86Invitation and convening period
Section 87Announcement of agenda
Section 88Elections and resolutions of assembly of bar association
Section 89Assembly of bar association’s tasks
Sections 90 and 91(repealed)
Part 5
Courts in matters pertaining to lawyers and court procedure in administrative matters pertaining to lawyers
Division 1
Lawyers’ disciplinary courts
Section 92Formation
Section 93Composition
Section 94Appointment of members
Section 95Legal status of members
Section 96Composition of divisions
Section 97Allocation of business
Section 98Court registry and rules of procedure
Section 99Administrative and legal assistance
Division 2
Higher lawyers’ courts
Section 100Formation
Section 101Composition
Section 102Appointment of professional judges as members
Section 103Appointment of lawyers as members
Section 104Composition of divisions
Section 105Allocation of business and rules of procedure
Division 3
Federal Court of Justice in matters pertaining to lawyers
Section 106Composition of Panel for Matters Pertaining to Lawyers
Section 107Lawyers as associate judges
Section 108Eligibility for appointment as associate judge and right to refuse appointment
Section 109Terminating office of associate judge
Section 110Status of lawyers acting as associate judges and obligation of confidentiality
Section 111Order of participation
Section 112Compensation for lawyers acting as associate judges
Division 4
Court procedure in administrative matters pertaining to lawyers
Section 112aLegal process and competence
Section 112bLocal jurisdiction
Section 112cApplication of Code of Administrative Court Procedure
Section 112dOpposing party and representative
Section 112eAppeal on points of fact and law
Section 112fLegal actions against elections and resolutions
Section 112gLegal redress for excessive length of proceedings
Section 112hUse of forged proof of professional qualification
Part 6
Penalties for breaches of duty imposed in lawyers’ disciplinary proceedings
Section 113Penalties for breach of duty
Section 114Measures imposed in lawyers’ disciplinary proceedings
Section 114aEffects of ban on representing clients and contravention
Section 115Limitation on prosecution of breach of duty
Section 115aReprimand and measure imposed in lawyers’ disciplinary proceedings
Section 115bPenalties imposed elsewhere
Section 115cProvisions applicable to directors of Rechtsanwaltsgesellschaft
Part 7
Lawyers’ disciplinary proceedings
Division 1
General matters
Section 116Procedure and legal redress for excessive length of court proceedings
Section 117Protection from arrest
Section 117aDefence
Section 117bInspection of files
Section 118Relationship between lawyers’ disciplinary proceedings and criminal proceedings and proceedings to impose regulatory fine
Section 118aRelationship between lawyers’ disciplinary proceedings and proceedings before other professional courts
Section 118bSuspension of lawyers’ disciplinary proceedings
Division 2
Proceedings at first instance
Subdivision 1
General matters
Section 119Jurisdiction
Section 120Involvement of public prosecution office
Section 120aMutual exchange of information between public prosecution office and bar association
Subdivision 2
Institution of proceedings
Section 121Institution of lawyers’ disciplinary proceedings
Section 122Court decision on institution of proceedings
Section 123Lawyer’s application for institution of lawyers’ disciplinary proceedings
Sections 124 to 129(repealed)
Section 130Content of notice of accusation
Section 131Decision to open main proceedings before lawyers’ disciplinary court
Section 132Res judicata effect of negative decision
Section 133Service of order to open main proceedings
Subdivision 3
Main hearing before lawyers’ disciplinary court
Section 134Main hearing despite lawyer’s failure to appear
Section 135Non-admission of public to main hearing
Section 136(repealed)
Section 137Taking of evidence by delegated or requested judge
Section 138Reading out of transcripts
Section 139Lawyers’ disciplinary court ruling
Section 140Recording clerk
Section 141Execution copy of decisions
Division 3
Legal remedies
Subdivision 1
Legal remedies against lawyers’ disciplinary court rulings
Section 142Complaint
Section 143Appeal on points of fact and law
Section 144Involvement of public prosecution office before higher lawyers’ court
Subdivision 2
Legal remedies against higher lawyers’ court rulings
Section 145Appeal on points of law
Section 146Lodging of appeal on points of law and procedure
Section 147Involvement of public prosecution office before Federal Court of Justice
Division 4
Securing of evidence
Section 148Order for securing of evidence
Section 149Procedure
Division 5
Provisional ban on practising law and representing clients
Section 150Conditions for issuing ban
Section 150aProcedure to force application from public prosecution office
Section 151Hearing
Section 152Vote on ban
Section 153Ban imposed following main hearing
Section 154Service of decision
Section 155Effects of ban
Section 156Contravention of ban
Section 157Appeal
Section 158Expiry of ban
Section 159Reversal of ban
Section 159aThree-month time limit
Section 159bReview of continuation of ban
Section 160Notification of ban
Section 161Appointment of deputy
Section 161aRestricted scope of ban on representing clients
Part 8
Lawyers at Federal Court of Justice
Division 1
General matters
Section 162Application of specific provisions
Section 163Competence
Division 2
Admission as lawyer at Federal Court of Justice
Section 164Special admission requirement
Section 165Judicial Selection Committee of Federal Court of Justice
Section 166Lists of proposed candidates for election
Section 167Review by Selection Committee
Section 167aInspection of files
Section 168Decision of Selection Committee
Section 169Notification of result of election
Section 170Decision on applications for admission
Section 171(repealed)
Division 3
Special rights and duties of lawyers at Federal Court of Justice
Section 172Restriction on appearing before other courts
Section 172aPartnerships
Section 172bLaw office
Section 173Appointment of deputy and of liquidator for law office
Division 4
Bar at Federal Court of Justice
Section 174Composition and Executive Board
Part 9
Federal Bar Association
Division 1
General matters
Section 175Composition and seat
Section 176Status
Section 177Tasks
Section 178Membership dues
Division 2
Constituent bodies of Federal Bar Association
Subdivision 1
Presiding Board
Section 179Composition
Section 180Elections
Section 181Right to refuse to stand for election
Section 182Term of office and premature retirement
Section 183Honorary capacity
Section 184Obligation of confidentiality; availment of services
Section 185President’s tasks
Section 186Treasurer’s tasks
Subdivision 2
General Assembly
Section 187Assembly of members
Section 188Representatives of bar associations at General Assembly
Section 189Convocation of General Assembly
Section 190Resolutions of General Assembly
Section 191(repealed)
Subdivision 3
Lawyers’ Parliament
Section 191aEstablishment and task
Section 191bElection of members of Lawyers’ Parliament with voting rights
Section 191cConvocation and voting rights
Section 191dChair and decision-making
Section 191eReview of resolutions by supervisory authority
Division 3
Arbitration
Section 191fLawyers’ Arbitration Board
Part 10
Costs in matters pertaining to lawyers
Division 1
Costs in bar associations’ administrative proceedings
Section 192Fees and expenses
Division 2
Costs in court proceedings in administrative matters pertaining to lawyers
Section 193Court fees
Section 194Value in dispute
Division 3
Costs in lawyers’ disciplinary proceedings and in proceedings when applying for decision from lawyers’ disciplinary court
Section 195Court fees
Section 196Costs of applications for institution of lawyers’ disciplinary proceedings
Section 197Convicted person’s liability to pay costs
Section 197aLiability to pay costs in proceedings on applications for decision from lawyers’ disciplinary court
Section 198Bar association’s liability
Section 199Assessment of costs of proceedings before lawyers’ disciplinary court
Sections 200 to 203(repealed)
Part 11
Enforcement of measures imposed in lawyers’ disciplinary proceedings, costs and deletion
Section 204Enforcement of measures imposed in lawyers’ disciplinary proceedings
Section 205Recovery of costs
Section 205aDeletion
Part 12
Lawyers from other states
Section 206Establishment
Section 207Admission procedure and professional status
Part 13
Transitional and final provisions
Section 208Limitations under Land law concerning representation of parties and acting as counsel
Section 209Bar association membership of holders of licence under Legal Advice Act (Rechtsberatungsgesetz)
Section 210Continued existence of bar associations
Section 211Exemption from requirement of qualification to hold judicial office
Annex
(to section 193 sentence 1 and section 195 sentence 1)
Fee Schedule
Part 1Lawyers’ disciplinary proceedings
Part 2Court proceedings in administrative matters pertaining to lawyers