Law firm liquidator
The Federal Lawyers' Act (BRAO) regulates in § 55 the handling of a law firm by a law firm . Section 55 (1) BRAO provides for the law firm to be closed if a lawyer has died. Paragraph 5 extends the scope of application to those cases in which the admission of a lawyer has expired (§ 13 BRAO), withdrawn (§ 14 paragraph 1 BRAO) or revoked (§ 14 paragraph 2 BRAO). The tasks of the office liquidator are not clearly formulated in the law. According to § 55 Paragraph 2 Clause 1 BRAO, it is up to the liquidator to handle the pending matters. According to § 55 Paragraph 2 Clause 2 Clause 1 BRAO, he continues the current orders. In particular, the question arises whether all pending matters of the law firm to be processed are recorded, for example also their actual dissolution, or whether the scope of application through the purpose of the law firm's processing, which is mainly to protect the clients of the former professional from legal disadvantages due to the elimination of theirs Lawyer is restricted.
According to § 55 Paragraph 1 BRAO, a lawyer or another person who has acquired the qualification to hold the office of judge can be appointed to the office of liquidator (for the definition of the term "qualification for the office of judge" cf. § 5 Paragraph 1 of the German Judicial Act ). The appointment is made by the local bar association responsible for the former lawyer . Special legal requirements apply to lawyers admitted to the Federal Court of Justice (Section 173 (3) BRAO).
The law of the chancellery within the Federal Bar Association is supervised by the BRAK committee that exists there. He has published notes on the activities of the liquidator, which are updated at irregular intervals.
