Legal advisor
A legal advisor (in traditional spelling only like this, in reform spelling also legal advisor ) is a civil servant or employed legal advisor .
The office exercised by him as well as the corresponding legal department headed by him are referred to as the legal department ( legal department ).
history
Sicily
In the Norman Kingdom of Sicily , the iustitiarius was the highest provincial official. In particular, he was responsible for criminal justice. The office was established by the Norman kings around 1140 and existed until it was incorporated into the Spanish crown in the 15th century.
In the 12th century a magister justitiarius appeared in the Kingdom of Sicily, who presided over the royal court ( Magna Curia ) and who - with the support of assistants - decided, among other things, all cases reserved for the crown. It is conceivable that the title and office were taken over from England.
England and Scotland
In the Kingdom of England in the 12th and 13th centuries, the Justiciar was the chief minister of the English kings, who was not only the chief judge, but also directed the administration and, in the absence of the king, acted as viceroy.
In Scotland in the Middle Ages, the Justiciars were the highest legal officials as representatives of the king, each responsible for part of the empire.
Tasks and training in Germany
tasks
The legal adviser advises and represents the employing institution ( authorities , associations and companies ) on legal issues and prepares for them u. a. Legal opinion . The legal department is thus an organizational component of a company. His tasks include preventive legal advice to corporate management and legal representation in the event of a dispute against third parties.
A legal advisor can represent his employing institution before authorities and courts where there is no obligation to represent a lawyer ( district court , administrative court , finance court , social court or labor court ). Is there a legal requirement, e.g. As before the district court and courts of the higher court, only one non-discretionary external can postulationsfähige person (eg. As a lawyer ) without employment for the establishment occur. Counsel attorneys is to § 46c para. 2 BRAO profession legally prohibited largely to act for their employer in its capacity as general counsel lawyer in court.
Legal officers of an authority with the qualification to hold the office of judge are able to postulate before courts of administrative, financial and social jurisdiction, although they are not lawyers, cf. z. B. § 67 Abs. 4 VwGO , § 78 Abs. 2 ZPO , § 10 Abs. 4 FamFG .
education
There is no legally prescribed training in Germany for the work of a legal advisor . Employers usually require a university degree (Diplom-Jurist, Master of Laws (LL.M.) ) to be completed with the first legal examination , but at least an academic degree as a business lawyer or as a diploma legal clerk or diploma in administration . Qualification for the office of judge is often required for employment as a legal advisor .
Will the Counsel at the same time as the general counsel work, has he the pivotal legal requirements of a lawyer meet and undergo an authorization procedure.
literature
- Du Cange , Glossarium (Niort, f885) sv Justitiarius (in Latin).
Web links
Individual evidence
- ↑ Creifeld's legal dictionary, Munich 2002.
