In May 2023, the Bavarian Higher Lawyers’ Court requested a ruling from the European Court of Justice on an issue which has important implications for third party ownership of law firms in Germany. The ruling relates to the question of whether an Austrian company which is not authorised to provide legal advice services is nonetheless…
European Court of Justice oral hearing on the German ban of third-party ownership of law firms
On April 30, 2024, the oral hearing regarding the German prohibition of third-party ownership in law firms took place before the Grand Chamber of the European Court of Justice (ECJ). The case (Halmer ./. Rechtsanwaltskammer München) concerns a decision made by the Munich Bar in 2021, when the latter revoked the admission of the law…
Germany sees another decline in the number of concluded lawyer, legal assistant and notary assistant training contracts
In 2023, the number of newly concluded contracts for legal training or legal and notary assistant positions decreased, according to statistics published by BRAK. These figures, based on feedback from bar associations to the Federal Institute for Vocational Training (BIBB), account for contracts finalised between October 1st of the previous year and September 30th 2023….
The German Federal Bar Association advocates for criminal procedure reform
The German Federal Bar Association (BRAK) is advocating for comprehensive reforms to criminal law and criminal procedure to better utilize the potential of digitalization in criminal proceedings. The BRAK has presented specific reform proposals for the Code of Criminal Procedure, focusing on electronic file management, file inspection, and AI-supported investigation methods. The proposals aim to…
German Regulator brings in Federal Lawyers’ Act (BRAO) reform
The BRAO reform came into effect on August 1st and will alter more laws than just the Federal Lawyers’ Act. The new BRAO no longer primarily focuses on the individual professional, but assumes that the professional training company is the central organizational form. these central organisations must take our organisational insurance. This means that the…
Cologne courts raise questions over the legality of legal bots
A challenge against a ‘legal bot’ mounted by the Hanseatic Bar Association Hamburg – a self-governing body representing over 10,000 lawyers in Hamburg, has proved successful in the regional court of Cologne. In October the court found that the bot, an online contract generator, was in effect providing legal services. They ruled that this was in…
BRAK sets up new committee on legal tech
The 7th Statues Assembly, “the parliament of the legal profession” of the Bundesrechtsanwaltskammer (BRAK) held its inaugural meeting on November 4th 2019. Through a clear majority, the assembly voted to not only retain all previously established committees but also to set up a new 7th committee on legal technology. For more information about the new…
IMF working paper: Structural reform in Germany
This paper provides a quantitative evaluation of the macroeconomic, distributional, and fiscal effects of three reform proposals for Germany: i) a reduction in the social security tax in the low-wage sector, ii) a publicly financed expansion of full-day child care and full-day schooling, and iii) the further deregulation of the professional services sector. The analysis…