Attorney's Court

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The Lawyers' Disciplinary Court is a professional court that decides on penalties for breaches of professional obligations by lawyers in Germany.

The Lawyers' Disciplinary Court

Sections 92 to 99 of the Federal Lawyers 'Act (BRAO) form the legal basis for the formation of the lawyers' courts . The courts are staffed exclusively with lawyers as honorary judges. The tasks of the "accuser" in these dishes is by the prosecutor of the competent Court of Appeal (also Attorney General's Office called) met. The procedure before the legal courts is regulated in Sections 113 to 161 a BRAO. The law courts are located at the respective bar associations . The jurisdiction of these courts coincides with the local jurisdiction of the bar associations. In the area of ​​a bar association, the bar can form several chambers ( Section 92 (2 ) BRAO ), for example the Düsseldorf Bar Association has two bar chambers, each of which is responsible for a certain part of the area of ​​the bar.

According to § 114 BRAO , the following measures can be imposed by the legal court:

  1. warning
  2. reference
  3. Fine of up to twenty-five thousand euros
  4. Prohibition to act as a representative and assistant in certain areas of law for a period of one to five years
  5. Exclusion from the legal profession.

The actions of the Lawyers' Disciplinary Court may be very extensive. The prohibition of representation and exclusion from the legal profession is such a far-reaching interference in the existence of a lawyer that these professional prohibition measures can only be carried out within particularly narrow limits.

Actions by the Lawyers' Disciplinary Court do not replace the measures taken by ordinary courts. If necessary, a lawyer will be prosecuted by an ordinary court in terms of criminal or civil law as well as by a legal court with regard to professional law.

The legal jurisdiction is structured as follows:

  1. Legal courts: Responsible for the district of the respective bar association (legal basis: §§ 92 - 99 BRAO)
  2. Higher Lawyers' Court : (Legal basis: §§ 100 - 105 BRAO) Responsible for the respective district of the Higher Regional Court . Due to the possible concentration of jurisdiction, there is currently only one Higher Lawyers' Court per federal state.
  3. Senate for legal matters of the Federal Court of Justice (legal basis: §§ 106 - 112 BRAO)

history

In the Kingdom of Hanover , the law of November 8, 1850, concerning the establishment of bar associations , created a bar association at each higher court . For the first time, this also served as a disciplinary council, i.e. as a legal court. The establishment of the legal courts throughout Germany was implemented with the Reich Justice Acts.

Individual evidence

  1. ^ Johann Günther Knopp: A contribution to the history of the Frankfurt Bar Association; in: 125 years: Frankfurt am Main Bar Association, pp. 15-17.