Legal counsel

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Legal counsel is the professional title for people who have been granted unrestricted (full permission) or limited permission (for certain areas of law) according to Art. 1 § 1 Legal Advice Act (RBerG) a. F. (in the version of the law before August 18, 1980).

Holders of a full license can generally provide legal advice and legal affairs in all areas of law, with the exception of those arising from Art. 1 § 4 RBerG (as amended before July 1, 2008 - tax and monopoly matters ) and § 186 Patent Attorney Code (commercial legal protection) Restrictions. They can become members of the bar association ( § 209 BRAO ) and are then subject to the professional law of lawyers . As of January 1, 2013, 290 legal advisers are members of a bar association, so-called chamber legal advisors . See BRAK announcements of the Federal Bar Association, issue 3/2013.

Holders of a partial license (e.g. for civil law, commercial and company law, etc.) can work in the legal field or areas specified in their license certificate.

By the fifth law amending the federal fee schedule for lawyers of August 18, 1980 ( Federal Law Gazette I p. 1503 ), the profession of legal counsel was closed and the permission options under the RBerG were enumerated in Art. 1, Paragraph 1, Clause 2, RBerG restricted areas of law. This results from Article 2 under "Amendment of other laws" in paragraph 6 of the Amendment Act.

After this professional closure, no new permits for legal counsel were issued. Those legal advisers who were in possession of a permit could continue to do their work. You are also entitled to use the professional title of legal counsel.

When the new law on legal advice came into force on July 1, 2008, the RBerG was replaced by the Legal Services Act (RDG).

For holders of old age permits under the RBerG (legal counsel, pension advisors, debt collection agents and legal experts in foreign law), the 6-month period specified in Section 1 (1) of the Introductory Act to the Legal Services Act (RDGEG) was set in motion, within which they themselves registered in the legal services register. The application had to be submitted from July 1, 2008 to the body responsible for registration. The application for registration also had to be accompanied by the license certificate (s) with any additions in the original (Section 1 Paragraph 1 S 2 RDGEG), as well as proof of professional liability insurance. Holders of an old age permit in accordance with Art. 1, Paragraph 1, Clause 2, No. 1, 5 and 6 of the RBerG, i.e. pension advisors, debt collectors and legal experts in foreign law, were registered as registered persons in accordance with Art. 1 sentence 1 No. 1, 2, or No. 3 of the RDG. With the registration, the exact scope of the legal service authorization from the permit document to be submitted had to be noted, since the permits according to the RBerG are not infrequently restricted and, for example, only allow collection or pension advice in some areas.

Additional legal advisory powers could also be registered in accordance with Section 1 (3) RDGEG. This is the case, for example, when B. a debt collection company also has the permission to represent out of court or even in (official) court. Legal advisers enter the content and scope of their out-of-court legal service authority in accordance with their license certificate (Section 1 (3) RDGEG). Judicial powers of representation must be registered in accordance with (Section 3 (2) sentence 2 RDGEG). Litigation agents are legal counsel to whom the judicial administration has also given permission for an oral hearing in accordance with Section 157 ZPO (old version).

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