Prohibition of activity
Work bans occur several times in German law.
Professional law of lawyers
In the professional law of lawyers, an absolute prohibition of activity is stipulated for certain cases according to § 45 BRAO, i.e. the lawyer may not act in the matters mentioned there, regardless of the question of whether his activity is pursuing conflicting interests (see prohibition of representing conflicting interests ).
These are in detail:
- Disputes in which the lawyer already as a judge , prosecutor or notary worked
- Disputes about a deed which the lawyer has recorded in his capacity as a notary; also procedures for enforcement from such a document
- Disputes against persons for whom the lawyer was appointed as an insolvency administrator , estate administrator , executor , legal supervisor or similar
- Disputes in which the lawyer is currently working professionally outside of his legal practice. "Professional" is to be understood as activities for remuneration, so that voluntary work, for example as the chairman of a tenants' association, does not lead to an activity ban.
The prohibition of activity only excludes the assertion of third-party rights, but not the assertion of one's own rights; the lawyer can thus continue to enforce his own claims in court if necessary.
Conversely, a lawyer may not act as an insolvency administrator , estate administrator , executor or legal guardian if he has already acted against the respective person in his capacity as a lawyer. In this respect, the prohibition of activity has a binding effect on the insolvency courts , probate courts and supervisory courts . Likewise, he may not accept any professional employment in matters in which he has already worked in his capacity as a lawyer.
If the lawyer has merged into a law firm or a similar association, the prohibition of activity also extends to all other members of the law firm, i.e. if a member of the law firm fulfills the above criteria, all other members of the law firm may no longer work in the matter in question . This comprehensive ban on law firms' activities is highly controversial in the literature and is often criticized as being too comprehensive.
