A legal counsel (Rechtsanwalt) represents clients in all civil and commercial cases, advising on and defending their interests.
Lawyers are licensed in Germany and must comply with a set of statutory obligations towards their clients. These include confidentiality and conflict of interest duties, handling client funds and mandatory malpractice insurance. If a lawyer breaches these obligations, they will be reprimanded by the German Bar Association and may face disciplinary proceedings before the courts.
The Federal Lawyers Act regulates how attorneys can become licensed, what their core obligations are towards their clients and the remedies available if they violate these provisions.
To be a Rechtsanwalt in Germany, one must pass a state examination and be admitted to the profession by the State Bar Association. After obtaining a license, lawyers are required to take a continuing education course and to abide by ethical rules.
As a result, lawyers who are not licensed in Germany cannot represent their clients in matters involving German law.
In practice, this means that many non-Germans who wish to be a lawyer in Germany must work abroad to gain the experience and training they need. In some instances, this can be a long process.
During this time, lawyers are often exposed to corrupt practices and activities that are illegal or unethical. Moreover, some lawyers can be victims of corruption themselves.
Some attorneys – particularly younger ones – are very concerned about the ethics of their profession and may therefore be unwilling to work abroad.
There are also those who believe that lawyers should only represent their own interests and that the professional role of a lawyer should not be abused.
It is important for a lawyer to maintain high standards of ethical conduct throughout their careers, including in difficult cases, as these can have an impact on their personal reputation and their future career.
The best way to do this is by practicing in a firm where lawyers are not only supervised by the company’s lawyers but by their peers, too. These colleagues can be a great help in advising a lawyer on any difficult issues that arise during the course of their work.
Choosing an attorney to represent you is an important decision. You should choose someone who has the experience, knowledge and skills to achieve the best possible results for you in your case.
I have worked with many attorneys over the years, and without hesitation, I can say that I have never found a better advocate for my case than Herr Binder Kriegelsten. He is not only knowledgeable and experienced, but he is also incredibly devoted to his work and the interests of his clients.