Exercise of the profession as a lawyer in the public sector

Under what circumstances may a lawyer work in the public sector at the same time?

In principle, the simultaneous activity of a lawyer in the public sector is not permitted under professional law and leads to the loss of admission to the bar in accordance with § 14 para. 2 no. 8 of the Federal Lawyers' Code (BRAO).

§ 47 BRAO formulates an exception to this rule:

Insofar as the professional activity in the public service as a judge, civil servant, soldier and employee is limited in time, admission is maintained while a representative is appointed for the professional or, exceptionally, he is permitted to continue practicing in the profession of lawyer.

Job profile and proof of time limit through suitable documents, e.g. a photocopy of the employment contract

Preconditions

Notification of another, temporary activity in the public service with simultaneous, precise definition of the job profile and the conditions of activity (informally)

Hints

The authorisation of parallel work as a lawyer for civil servants, judges and temporary soldiers is an exception provided for by law, which is virtually not applied in practice. For temporary employees, the job profile and the external appearance are decisive; the administrative, purely internally oriented activity is usually permissible, the executive activity with a corresponding external appearance is not.

§ 47 paragraph 1 sentence 2 Federal Lawyers' Code (BRAO)

www.brak.de

After receipt of application:

  • Assignment to the personnel file
  • Submission of the application for review and decision to the Executive Board
     

By decision:

  • Letter of approval
  • Registration in the personnel process and in the chamber's internal list of lawyers

Responsible for the content
No technical approval. If necessary, please contact the Ministry of Justice and for Europe and Consumer Protection.
Phone (0331 866-0)
Poststelle@mdjev.brandenburg.de

Last update or date of publication
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