Munich Bar Association

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Bar Association for the Higher Regional Court District Munich
- RAK Munich -

logo
position Professional body of the German legal profession
Supervisory authority Bavarian State Ministry of Justice and the President of the Munich Higher Regional Court
founding 1878
Headquarters Munich
Authority management Michael Then, President
Web presence www.rak-muenchen.de
Munich, Tal 33: Seat of the Bar Association for the Higher Regional Court District of Munich

The Bar Association for the Munich Higher Regional Court (Rechtsanwaltskammer München) is a legally established, self-governing organization of the regional legal profession based in Munich .

Their statutory tasks result from the regulations of the Federal Lawyers' Act and include the approval and supervision of the members. The chamber has 21,150 members (as of January 12, 2016). It is merged with the other regional chambers in the federal territory to form the Federal Chamber of Lawyers, but legally completely independent of them.

history

The bar associations were created in Germany by the Bar Code of 1878 as part of the Reich Justice Acts. No separate state act was required for this. The following lawyers were previously presidents of the Chamber:

  • 1922–1929: Karl Eisenberger, Privy Councilor of Justice
  • 1931–1933: Christoph Schramm, Counselor
  • 1946–1968: Hanns Dahn
  • 1968–1969: Robert Heinrich
  • 1969–1990: Eckart Warmuth
  • 1990–2002: Jürgen Friedrich Ernst, Honorary President
  • 2002–2014: Hansjörg Staehle
  • 2014 - today: Michael Then

In 1970, attorney Marion Liebl-Blittersdorf was the first woman to be elected to the board of the bar association. From 1978 until her resignation in 1986, she was treasurer of the executive committee.

Before 1 April 1932 were in Bavaria in addition to current regional courts Bamberg , Nuremberg and Munich also those in Augsburg and Zweibrücken (Pfalz) . As a result, five bar associations were also located there. With the NotVO of October 30, 1931, the Augsburg Higher Regional Court was repealed with effect from April 1, 1932 . The chamber there remained, however, so that until 1945 two bar associations existed in the Munich Higher Regional Court district.

On March 27, 1933, Regulation No. VII 13587 on lawyers was issued in Bavaria. It determined the dissolution of the existing bar association boards and the establishment of a lawyer to be appointed by the Ministry of Justice as commissioner, who should appoint the remaining boards. With the Reich Lawyers' Act of 1936, the bar associations of the OLG district of Munich finally ceased to exist as independent organizational units. All lawyers admitted to practice in German courts were brought together in the Reich Bar Association.

Chamber District

The chamber district comprises the following areas:

  • District Court District Augsburg
  • Regional court district Deggendorf
  • Ingolstadt district court
  • Kempten Regional Court District
  • Landshut district court
  • District Court of Memmingen
  • District Court District Munich I
  • District Court District Munich II
  • District Court District Passau
  • District court district of Traunstein

Position and legal form

According to Section 62 (2) sentence 1 BRAO, the state administration of justice is responsible for the state supervision of the bar association. However, according to the Bavarian Ordinance on the Transfer of Powers of the State Justice Administration according to § 224 BRAO (Transfer Ordinance-BRAO) of September 12, 2007 (GVBl 2007, p. 654) the President of the Munich Higher Regional Court . Supervision is limited to observing the law and the statutes, in particular fulfilling the tasks assigned to the bar association ( legal supervision ). In Bavaria there are a total of three bar associations, corresponding to the number of higher regional courts: Bamberg , Munich and Nuremberg .

organization

The board consists of 36 honorary members who represent the regional distribution of the members in the chamber district according to the electoral mode : 22 from the Munich I district , 3 each from the Augsburg and Munich II districts , 2 from the Traunstein district court , 1 each from the districts Deggendorf , Ingolstadt , Kempten , Landshut , Memmingen and Passau . Half of the board is re-elected every two years. The board in turn elects a six- member presidium from among its members every two years .

In addition, the Executive Board has set up thirteen departments to carry out its tasks:

  • Department I / Professional Law
  • Department II / Professional Law
  • Department III / Law on Fees
  • Department IV / Law on Fees
  • Department V / Law on fees
  • Department VI / specialist lawyers
  • Department VII / Education and Training
  • Department VIII / Public Relations
  • Department IX / International Relations
  • Department X / Professional Law
  • Department XI / tasks under the Vocational Training Act
  • Department XII / Mediation
  • Department XIII / Legal Admission

The office has around 50 employees and is managed by two managing directors.

Distribution of tasks

The RAK Munich advises its members on professional law matters and, in addition to the following tasks, also exercises professional supervision.

Duties of the board

Tasks of the presidium

  • Execution of assigned tasks of the board according to Section 79 BRAO , especially in licensing matters
  • Administration of the Chamber's assets

Duties of the President

  • Representation of the Chamber
  • Business operations of the chamber
  • Execution of the presidium and board resolutions
  • Chair in presidium and board meetings as well as in the chamber assembly

Jurisdiction

The chamber is locally responsible for lawyers who have set up their law firm in the Munich Higher Regional Court district. The same applies to licensed law firms that have their headquarters in these districts.

In addition, the Chamber is also responsible for European lawyers based in Germany who have been admitted to the Chamber, as well as for lawyers from the EU member states Italy and Austria who are only temporarily active in Germany , Section 32 (4) sentence 2 EuRAG .

Membership structure

The currently over 21,000 members are divided as follows:

  • Approx. 7500 members are female
  • Approx. 13,300 members are male
  • Approx. 200 members are foreign lawyers
  • Approx. 100 members each are law firms and legal advisers

Approximately 21 percent of the chamber members are qualified as specialist lawyers .

literature

  • Gerhard Baatz: 125 years of history of German bar associations , BRAK-Mitteilungen 2008, pp. 190–195
  • Rudolf Lauda: 130 years of duties of the bar associations , BRAK-Mitteilungen 2008, pp. 195–201
  • Robert Heinrich: 100 years of the Munich Bar Association - commemorative publication on the 100th anniversary of the entry into force of the Lawyers' Act of July 1, 1878; CH Beck, Munich 1979
  • Commemorative publication on the 125th anniversary of the Bar Association for the Higher Regional Court District of Munich ; Boorberg, Stuttgart 2004.

Web links

Individual evidence

  1. https://rak-muenchen.de/rak-muenchen/organisation-gremien/praesidium.html
  2. Rules of Procedure of the Munich Bar Association (PDF)
  3. Munich Bar Association, www.rak-muenchen.de: Annual Report 2013, II.1.a), p. 10. (PDF) April 24, 2014, accessed on August 22, 2014 .
  4. Section 175 (1) BRAO
  5. ^ Heinrich, p. 7
  6. sueddeutsche.de. Retrieved July 5, 2012 .
  7. https://rak-muenchen.de/rak-muenchen/lösungen-der-kammer/kammer Bezirk.html
  8. ( Page no longer available , search in web archives: Ordinance on the transfer of powers of the state justice administration according to § 224 of the Federal Lawyers' Act (Transfer Ordinance-BRAO) of September 12, 2007 ). Website of the Bavarian State Government. Retrieved July 5, 2012.@1@ 2Template: Toter Link / www.gesetze-bayern.de
  9. Money Laundering Act