Legal advisor (lawyer)

from Wikipedia, the free encyclopedia

Legal clerk is a professional title for lawyers who work as speakers with legal duties mostly in authorities, associations or companies or at European courts.

Tasks and training in Germany

There is no legal definition of the term legal officer in the German legal system. In contrast to other legal professional fields, there is no separate professional code or explicit professional laws for legal officers, as is the case with lawyers with the professional code for lawyers (BORA). Nor is it legally stipulated that certain training content must precede such an activity. Neither a legal degree nor the qualification for judicial office , which is absolutely necessary for the professional fields of a judge, a public prosecutor or a lawyer, are prerequisites for working as a legal officer. In this respect, there is a parallel to the legal advisor , who also does not need to be qualified to hold judicial office. In practice, however, job advertisements regularly require at least a completed law degree .

With respect to the release from the insurance liability in statutory pension , for lawyers the principle possible and also for in-house counsel is discussed at least differentiated, the social judicial jurisprudence explicitly between the house counsel one hand and the corporate counsel and right speakers on the other hand. In this context, following an appeal against the judgment of the State Social Court of Baden-Württemberg of January 23, 2013, a legal dispute is pending at the Federal Social Court . There are a few legally binding judgments which also include the exemption of legal officers from compulsory insurance.

The field of activity of a legal officer is not to be conclusively delimited for the entirety of this professional profile, but is based on the respective individual employment relationship. For example, it is possible that the legal officer is entrusted with the preparation of expert opinions on legal issues in the authority, the association or the company. In the event of legal disputes, he can also act as the interface to the lawyers representing the authority, the association or the company. In authorities, it is conceivable that advising the specialist offices or the management of the authorities in the respective areas of law or processing legislative procedures is the subject of the legal consultant's professional activity.

The legal advisers employed by the bar association meet regularly at the conference of professional legal advisors.

Legal advisor to the European courts

At the Court of Justice of the European Union , lawyers who do not act as advocates general or judges, but work on their staff, are referred to as legal secretaries ( English legal secretary , French référendaire ). A prerequisite for this activity is a previous judicial or public prosecutor's activity. Legal advisers at the ECJ are classified into different AD remuneration groups depending on their area of ​​activity.

Individual evidence

  1. ↑ a b Judgment of the LSG Baden-Württemberg of January 23, 2013 - Az. L 2 R 2671/12 , accessed on January 5, 2014
  2. ↑ BSG - B 12 R 3/13 R; jurisPK - SGB VI, Dankelmann, 2nd edition 2013, § 6 SGB VI, RN 46
  3. ^ Applications for exemption from pension insurance in the second instance in Legal Tribune Online of June 28, 2012, accessed on January 7, 2014
  4. ↑ In-house lawyers vs. Pension insurance ( Memento from January 7, 2014 in the Internet Archive ) (there named Social Court Gotha , judgment of August 22, 2011, S 19 R 1065/11) in Advoice - FORUM Young Lawyers in the German Lawyers' Association, issue 1/12, accessed on 7 . January 2014
  5. ↑ Information from the Personnel Office of the Free and Hanseatic City of Hamburg on completing an administrative position as part of the legal clerkship , accessed on January 5, 2014
  6. ↑ As an example: Report in accordance with Section 81 (1) BRAO on the activities of the Chamber and the Board of Directors on the website of the Munich Bar Association , accessed on January 8, 2014
  7. ↑ Sascha Hissler: The Advocate General at the Court of Justice of the European Communities - parallelism and divergence between vote and judgment in 2001 . ISBN 978-3-638-81591-8 , pp. 83 ( limited preview in Google Book search).
  8. ^ Andreas Grimmel: European integration in the context of law . Springer, ISBN 978-3-531-19101-0 , pp. 397 ( limited preview in Google Book search).
  9. ↑ Luxembourg: Elective position with the Advocate General of the ECJ in Luxembourg beck.de
  10. ^ Opinion of the Commission on the requests submitted by the Court of Justice to amend the Statute of the Court of Justice of the European Union of September 30, 2011, point 41 , accessed on January 9, 2014
  11. ↑ Legal advisor EU on linguee.de
  12. ↑ a b Draft amending budget No. 4 to the general budget 2013 Overview of expenditure according to sections - Section III - Commission Section IV - Court of Justice of the European Union - of April 29, 2013, sub-item 4.1 , accessed on January 9, 2014
  13. ↑ [1]