Consultant (Germany)
Counsel (also Consulent ) in Germany is an obsolete term for a consultant, usually an attorney as legal advisor to companies and other institutions (eg. As a chamber Consulent ). The name was mainly used in the 17th to 19th centuries. The term is derived from to consult ( Latin ) and means to seek advice or to hold advisory discussions with partners.
In the period from 1938 to 1945 in the German Reich, Jewish lawyers were also referred to as consultants , although their general license to practice law had been withdrawn, but who had received permission to represent or advise other Jews on at least a few remaining matters .
Consultant in the 17th to 19th centuries
As early as the 17th century, the term consultant was found for a counselor as an advocate or, later, lawyer. The chamber consultant or Kámmer-Consulếnt was also designated as a chamber advocate . So was z. B. in the 17th century Matthew Hale was also the consultant of Archbishop William Laud or a Johann Philipp Datt consultant von Eßlingen, in the 18th century a Franz Benda consultant of the merchants of Landshut and Johann Friedrich Gruner was also consistorialadvocat in Leipzig and consultant of the trade guild there as well as Johann Philipp Fresenius 1774 Rath and consultant of the Count of Görz . In the 19th century z. B. Heinrich Wiegand , who later became General Director of North German Lloyd, previously worked as a freelance lawyer and consultant for this shipping company.
Consultant in the German Empire
term
Many Jewish lawyers had already lost their license through the law on admission to the bar of April 7, 1933; others were initially spared by the so-called front fighter privilege or other exemptions mentioned in the law. With the Fifth Ordinance to the Reich Citizenship Act of September 27, 1938, the National Socialists withdrew all "non-Aryan" lawyers in the old Reich territory with effect from November 30, 1938 and appointed some of them as consultants who were only allowed to work for Jewish clients. Instead of the 1,753 Jewish attorneys who were licensed at the beginning of 1938, 172 consultants were employed in the Altreich. Their approval was revocable at any time; the place of establishment was assigned and could not be left for more than a week. Transitional and exceptional provisions applied to Austria.
The National Socialist Legal Guardian Association commented: “Under no circumstances may the Jewish consultant be addressed as a legal guardian or even an institution similar to that of a lawyer. He is nothing more than a lobbyist for a Jewish party. Only judges and lawyers as a judicial organ can uphold the law. The solution chosen by the legislator is a worthy, ideological compensation. To the German national comrade, the German legal guardian! The Jewish consultant to the Jew ! The German lawyer can proudly call himself a lawyer again! "
Jewish doctors were in a similar situation. For them the term "(Jewish) medical practitioner " existed.
Professional practice
The consultants charged fees for the account of a settlement agency. After deducting the office costs and a fixed fee, up to 70 percent of the amount received was paid to them. The compensation office paid the resigned Jewish lawyers, who were considered "frontline fighters", a maintenance allowance that can be revoked at any time. This could amount to 250 RM for a married lawyer who had also been denied his occupation as a front-line fighter, but was often considerably less.
Of the 69 lawyers whose license was withdrawn in Hamburg in 1938, only seven were allowed to continue working as consultants. Counselors had to appear in court without a robe and could be rejected as defense counsel in criminal cases from 1940. The main focus of their work was on advising Jews who wanted to emigrate: the consultants negotiated with finance and foreign exchange offices or acted as agents of emigrated Jews.
See also
literature
- Heiko Morisse: Jewish lawyers in Hamburg. Exclusion and persecution in the Nazi state . Hamburg 2003, ISBN 3-7672-1418-0 .
- Peter Guttkuhn: Ludolf Häusler (1892–1979): From lawyer and notary in Lübeck to Swedish entrepreneur in Uppsala . In: Schleswig-Holstein advertisements (= Justice Ministerial Gazette for Schleswig-Holstein ). Issue 1, January 2008, ISSN 1860-9643 , p. 6-7 .
Web links
Individual evidence
- ↑ Susanne Heim (Ed.): German Reich 1938 - August 1939 (= The persecution and murder of European Jews by National Socialist Germany 1933–1945; Vol. 2), Munich 2009, ISBN 978-3-486-58523-0 , P. 18.
- ↑ Susanne Heim (Ed.): German Reich 1938 - August 1939 , Munich 2009, p. 357, note 20 gives a reference to a detailed regulation of October 17, 1938 on this: German Justice. Justice and legal policy 100 (1938), Ed. A, No. 42, pp. 1666–1671.
- ↑ Ingo Müller : Terrible Jurists ... , Munich 1987, ISBN 3-463-40038-3 , p. 70.
- ↑ 5. VO to the RBüG = RGBl. 1938 I, p. 1403.
- ↑ Bernhard Müller: Everyday life in a civilization break. The exceptional injustice against the Jewish population in Germany 1933–1945. Munich 2003, ISBN 3-935877-68-4 , p. 103.
- ^ Heiko Morisse: Jewish Lawyers in Hamburg , Hamburg 2003, ISBN 3-7672-1418-0 , p. 61.