Business lawyer
Business lawyer is the name of a university degree awarded by universities and technical colleges. The degree is either acquired through the additional qualification of a person qualified to be a judge (fully qualified lawyer) or offered with the degrees of business law graduate, Bachelor of Laws or Master of Laws as a separate university degree in the course of business law .
A business lawyer is characterized by an additional economic qualification in addition to legal training that focuses on business law. Due to this training, the above-mentioned commercial lawyers are not qualified to hold judicial office, which is why the following restrictions on legal advice apply to their work in Germany .
education
The course is offered at technical colleges and universities .
University of Applied Sciences
At universities of applied sciences, training to become a commercial lawyer is a specialized, independent study of law.
The course to become a business lawyer is characterized by business law subjects and fundamental business science teaching content. The course usually ends after seven semesters with receipt of the academic degree LL.B. (Bachelor of Laws) or the FH diploma.
In the course of the Bologna process , which is intended to standardize degrees at international level, the diploma course and degree of business lawyer and business lawyer (FH) have been abolished. According to the Conference of Ministers of Education and Cultural Affairs (KMK) of the federal states in Germany, the bachelor's degree corresponds to the level of the former FH diploma , the master to that of the former university diploma. The bachelor's degree at universities and technical colleges, as well as the former FH diploma, do not entitle to a doctorate, only the master’s degree.
university
The classic training to become a lawyer in Germany requires a university degree at a university with the completion of the legal state examination.
At universities, the qualification as a commercial lawyer therefore usually comes in addition to the full legal qualification. For this purpose, a corresponding additional course is taken parallel to the legal course. The business lawyer (Univ.) Usually has a qualification for judicial office with additional economic qualification.
Some universities also offer an independent course in business law, which is completed with the academic degree "Diplom-Wirtschaftsjurist (Dipl. Jur. Oec. Univ. Or Dipl.-Wirt.-jur.)". The standard period of study is nine semesters and with the completion of an LL.M. comparable. Unlike the FH program, both degrees include entitlement to doctorate. The universities sometimes also issue so-called equivalence certificates that the diploma degree corresponds to that of a master’s degree.
Difference between business lawyer and fully qualified lawyer
The qualification as a commercial lawyer without a second state examination does not entitle you to professional legal advice. In practice, however, authorities and legal persons under public law as well as companies make use of their authorization to be represented in court by their appropriately authorized employees; business lawyers are often used for this. The same applies to trade unions and social associations who, as their members' legal representatives, instruct their full-time employees to represent them in the process. According to the current legal situation, it is possible for such employees, for example, to take legal action before the local courts ( Section 79 (2), sentences 2 and 3 ZPO ), administrative courts ( Section 67, paragraph 2, sentences 2 and 3 VwGO ), labor courts ( Section 11 abs 2 set. 2 and 3 ArbGG ), social courts ( § 73 2 set 2 and 3, para. SGG ) and before the financial dishes ( § 62 , para. 2 and 3 FGO ) occur.
In this context, business lawyers are therefore also entitled to perform classic extrajudicial and judicial legal work . This does not include professional legal advice . In addition to lawyers, legal services are only allowed to be provided by persons qualified to hold judicial office (§§ 6-7 Legal Services Act (RDG)) as well as debt collection service providers and pension advisors (§ 10 RDG).
However, general freelance legal advice is reserved exclusively for lawyers (fully qualified lawyers). A constitutional complaint by the Federal Association of Business Lawyers against this regulation was not accepted for decision by the Federal Constitutional Court.
In 2013 a complaint was lodged with the European Court of Human Rights .
Individual evidence
- ↑ Information on the degree in Business Law (FH)
- ↑ Information on courses at universities
- ↑ https://www.akademie.de/wissen/rechtsberatungsverbot-haftungslösungen-freiberufler-gewerbetreibende-dienstleister
- ↑ https://www.akademie.de/wissen/rechtsberatungsverbot-haftungslösungen-freiberufler-gewerbetreibende-dienstleister
- ↑ Information on the constitutional complaint of the association
- ↑ RDG constitutional complaint arrived in Karlsruhe
- ↑ BVerfG: Certified business lawyers are not allowed to offer legal advice. In: azur. JUVE Verlag, December 17, 2013, accessed on May 28, 2017 .
