Chamber legal advisor

The legal status of the chamber legal advisor is regulated in Section 209, Paragraph 1, Clause 2–4 of the Federal Lawyers' Act (BRAO).

According to Section 209 (1) BRAO, natural persons who are in possession of an unrestricted or, with the exception of only social or social security law, license to provide legal services on a business basis can become members of the Bar . The legal advisor may use the title “ Legal Advisor ” as well as the title “Member of the Bar Association” and is authorized to point out special knowledge in a specialist area (Section 43 c (1) sentence 2 BRAO). He has the right to refuse to testify , he is subject to the confidentiality obligation of § 203 StGB .

Paragraph 3 of the RDGEG (Introductory Act to the Legal Services Act ) assigned the legal counsel belonging to the Chamber to the designation "Chamber Legal Counsel" and regulated their judicial power of representation . In the following provisions you are treated as a lawyer (see §§ 3 Paragraph 1 No. 1–6 RDGEG):

• Section 79 (2) sentence 1, Section 88 (2), Section 121 (2), Section 133 (2), Sections 135, 157, 169 (2), Sections 174, 195, 317 (4) sentence 2, Section 397 Paragraph 2 and Section 811 No. 7 of the Code of Civil Procedure
• Section 10, Paragraph 2, Clause 1 and Section 11, Clause 3 of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction
• Section 11 (2) sentence 1 of the Labor Court Act
• Section 73, Paragraph 2, Clause 1 and Paragraph 6, Clause 5 of the Social Court Act , if the permit does not exclude social and social security law
• Section 67, Paragraph 2, Clause 1 and Paragraph 6, Clause 4 of the Administrative Court Regulations
• Section 62, Paragraph 2, Clause 1 and Paragraph 6, Clause 4 of the Financial Court Regulations , if the permit includes business-like assistance in tax matters

The summary results in the power of representation of the chamber legal advisors before the local , labor , social , administrative and financial courts .

Chamber legal advisers who have been approved as litigation agents are still authorized to provide business-like assistance in tax matters. The chamber legal advisers include professionals from several professions, e.g. B. as a tax advisor and auditor.

In criminal proceedings , a chamber lawyer can act as a defense counsel (see Section 138 (2) StPO).

Chamber legal advisors can join forces with lawyers to form a partnership or office community (Section 59 a BRAO).

The professional organization of the chamber legal advisors is the Federal Association of German Legal Advisers / Legal Service Providers eV in Bonn.

Web links

• Commentary on the Legal Services Act with an appendix to the Introductory Act by Grunewald / Römermann 2008, Verlag Dr. Otto Schmidt KG Cologne, ISBN 978-3-504-06254-5 .