Process agent
In German law until June 30, 2008, litigation agent was the term used to describe a qualified legal advisor who, in addition to being given permission to provide out-of-court legal assistance, was also given permission to negotiate in court .
General
Litigation agents were persons who were permitted to negotiate in court in a business-like manner in accordance with Section 157 (3) ZPO in the version valid until June 30, 2008. This provision is an exception to Section 157 (1) a. F. ZPO, according to which all persons who are not permitted by law to deal with legal matters on a business basis (e.g. lawyers , legal advisers admitted to the bar association (so-called chamber legal advisors ), patent attorneys in patent matters, representatives of trade unions and employers' associations), were excluded from representation in court.
The prerequisite for admission as a litigation agent was, in addition to the permit under the Legal Advice Act, in accordance with Section 157 (3) sentence 2 a. F. ZPO, on the one hand, the suitability of the person as a legal representative and, on the other hand, that there is a need for admission in view of the number of lawyers admitted to the court. The Federal Constitutional Court has considered the provision that there must be a need to be licensed with regard to the number of lawyers admitted to the court as constitutional.
history
With the closure of the profession of legal counsel for both full license holders and special license holders by law of August 18, 1980 (Federal Law Gazette I, p. 1503), Section 157 (3) ZPO had largely lost its meaning. Since then, a permit under the Legal Advice Act has only been possible for pension and insurance consultants, freight auditors, sworn auctioneers, debt collection companies and those with legal knowledge of foreign law. Another exception was the admission of so-called social process agents, which is regulated differently according to state law. Approval beyond these case groups was practically ruled out.
New regulation
With the entry into force of the new Legal Services Act on July 1, 2008, the previous Section 157 ZPO was deleted. The new § 157 ZPO regulates a completely different matter. The old § 157 ZPO is replaced by the new regulation of assistance in § 90 ZPO.
For persons who already have a permit in accordance with Section 157 (3) of the German Code of Civil Procedure (ZPO) in the version valid until June 30, 2008, a guarantee of ownership applies : The litigation agents approved before July 1, 2008 can, in accordance with Section 3 (2) No. 2 RDGEG will continue to act as authorized representatives. The same applies in the area of tax advisory law. Here, the litigation agents approved under the old law (before June 29, 1975) are still authorized to provide business-like assistance in tax matters in continuation of Section 11 StBerG (old version) in accordance with Section 157 (1) StBerG new version. This also applies to legal counsels who have received approval as litigation agents.
literature
- Race / Caliebe: Legal Advice Act , Verlag CH Beck Munich 2001, 3rd edition, ISBN 3-406-45470-4
- Chemnitz / Johnigk: Legal Advice Act , Aschendorff-Verlag Cologne 2003, 11th edition, ISBN 3-933188-07-5
- Peter / Charlier / Menzyk u. a .: Tax Advisory Act , 44th Supplementary delivery to § 11 StBerG old version (process agents ), Verlag Neue Wirtschaftsbriefe ISBN 3-482-40203-5
