To lawyer

1 Germany
2 Austria
3 Switzerland
4 the Baltic
5 see also
6 literature
7 Web on the left of

Germany

lawyer, full lawyer, diploma lawyer, Magister and corporate lawyer

as lawyers (lat. ius, right; Genitive: iuris) one designates university graduate, the one study of the jurisprudence with that 1. State examination (first legal state examination) or a basicconstant study ona German university successfully locked. In addition full lawyers existed also the second legal state examination. The designations “lawyer” (without additive) or “full lawyer” are neither protected job titles nor academic degrees. Lawyers, who passed the first state examination, may itself insome Lands of the Federal Republic call lawyer (univ.) or also junior lawyer (are they in the legal period of instruction (Referendariat), are the service designation (on the right of) junior lawyer). Common also still the testofficial designation is as a “examined right candidate (cand. iur.) “. Typical occupations of the lawyers are scientists, Attorney (also as counsel or a defence counsel), judge, public prosecutor, higher civil servant and expert (e.g. Consultant or advisor in the legislation).

At some universities a Diplomierung is to the diploma lawyer and/or. the award of a degree of Master of Arts possible. These two possibilities are usually for graduates of the 1. State examination meant, those on doing the period of instruction and the 2. Do without to state examination, in order to work in business enterprises. They would not have an academic degree without Magister or diploma, contrary to other college graduates, despite their university conclusion.The Diplomierung can be retrieved at some universities also as Nachdiplomierung. As a first Bavarian diploma lawyer is considered Christian Bewart, which had complained on introduction of the academic degree at the University of Augsburg. Recently also pure diploma courses of studies as well as Bachelor become -, masterand Magisterstudiengänge (no Bachelor or master courses of studies, if one wants to become full lawyer) of the jurisprudence offered. At the universities Bayreuth and Osnabrück besides auxiliary training in economics are offered; Graduate of the 1. State examination, which will have locked this auxiliary training to diploma corporate lawyer graduated.

Professional schools train since some years Dipl. - corporate lawyer (FH). The graduates of these fields are used in particular for leading activities in enterprises. There they take over the comprehensive legal advice of management and are responsible for the legal relations of the enterprise with the external world andthe unit resources among themselves. They correspond at the earliest firm counsel. A judicial Vertreteung of the enterprise is however attorneys reserved. The independent legal advice is the Dipl. - corporate lawyers still locked at present; but the consulting monopoly of the attorneys is legal - also before the background of the European Unionprobably not longer durable. In particular newer decisions of the Federal Constitutional Court (shopkeeper) loosened the existing lawyer monopoly.

In the course of the Bologna process, the standardization of study conclusions in Europe, and general reform movement the universitäre study could in the future on the konsekutiven Bachelor - and Master conclusions to be changed over. Critics doubt however whether a master conclusion secures the same qualification as the first state examination.

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lawyer training

during in the university University of more the theoretical legal knowledge and scientific learning in the foreground, places the junior lawyer timewith priority on a practical application of this knowledge off. The national Ministries of Justice responsible for the lawyer training compile for quite some time reforms, which are to lead to a meaningful early linkage of both training parts, and which are to also make it for the beginning lawyer possible, itselfto specialize at the beginning of its training in certain fields of activity. In more recent time is tried to give up the orientation of the practical training section the occupation of judge and to align the training more strongly the occupation of the attorney, because most full lawyers seize this activity.The bars participate in the training of the junior lawyers in particular by referring to working group leaders and examiners. The German lawyer association considers the present Referendariat urgently in need of reform and has - in particular with view of the European neighboring countries - a model of oneoccupation-referred section training develops. For junior lawyer inside and it offers junior lawyers, who would like themselves to prepare during the period of instruction for the legal profession, with the DAV Anwaltausbildung] its own liable to pay the costs training model.

With the existence of the second state examination the capability the justiceship and the capability becometo the higher general civil service as well as the power attains, the designation “Assessorin” or “Assessor” (so-called. To lead full lawyer). This capability is not only a necessary condition for the occupation as judge (in different Gerichtszweigen), public prosecutor or a higher civil servant, but also forthe activity as attorney and/or a notary.

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legal advice and “lawyer German”

in most countries is the legal advice the attorney, the patent lawyer in the area of the commercial legal protection, as well as legal advices and/or. Process agents reserve. However standsthe consulting monopoly of the lawyers strongly in the line of fire. After an appraisal for the 58. German lawyer day in Munich 19902, S. C68 FF. Ulrich Everling states that none of the member states of the European Union examined by him reserves the legal advice the lawyers. Notonce the entgeltliche commercial right provision is subjected in other States of comparable restrictions as in the Federal Republic of Germany. In some states there are at all no conditions for permission for the vocational legal advice. Only the guidance of the occupation design “attorney” is to the usual conditionsbound. In all these states it is open thus everyone to also advise without appropriate vocational training and exams legally. “(DFG-VK magazine 4/3) from the complaint (2002) because of injury of the EMRK (European human right convention): “The Federal Republic of actual even world-wide - thatonly state, in which altruistisches acting within the range of the legal advice is forbidden (see. Ulrich Everling, appraisal C to 58. German lawyer day, Munich 1990, S. C 69 FF, C 91). “

Except the legal advice is attorneys, patent lawyers, before certain courts, as well as legal advicesand/or. Process agent the agency before court exclusive reserve, as far as lawyer obligation exists. But even considerable representatives of German jurisprudence about Othmar Jauernig (civil proceeding right, C.H.Beck Munich) call the lawyer obligation before court measure over “in particular younger lawyers incomes to provide”. Other persons, thosecommercially legal matters notice, are the occurrence before court forbidden in principle.

The necessity to express itself with legal matters accurately and as unambiguously as possible led to a very much minted technical language of the lawyers. It becomes colloquially often “lawyer German “and/or. “Lawyer latin” mentioned. Some Politicians try to against-steer, as legal texts are durchforstet on their general comprehensibility.

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lawyers in the third realm

the role of the lawyers in the third realm one regenerated so far not sufficiently. Processes for the processing of injustice are frequent at the resistancethe German postwar law failed.

Most lawyers were transferred to the government service and continued to shift later pretty often about the former responsible persons lawyers in the third realm in the 50's (at least in West Germany) into higher positions, it thempermitted to hush up own injustice of the lawyers in third or affect or prevent criminal determinations over the official routine.

In the last years the number of research projects is, itself with the LV law and with thatProcessing of the war crimes trials concern however in Germany risen.

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Austria

as lawyers one designates someone, that the diploma study of the jurisprudence locks and thereupon of the University of the academic degree of a “Magister iuris” and/or. iuris” lent to a “Magistragets.

To the universitäre training then the fakultative court year attaches, in which practical knowledge is obtained. For the acquisition of the profession of the attorney or judge and/or. State lawyer is necessary a further condition examination.

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Switzerland

in Switzerlandone understands an university graduate, that by a lawyer in principle at a University of the study of the jurisprudence with the Lizentiat (normally lic. iur.) or an equivalent master (for example MLaw, master OF Law) successfully locked. Since the Bologna reform there is thatfirst legal conclusion Bachelor (BLaw), which is usually lent after three academic years. Lawyer is however no protected job title and also no academic degree.

As lawyers in the closer sense frequently attorneys are considered in Switzerland. University graduate with a legalConclusion become certified after a one year's practical course within the right range (law office , court etc.) for lawyer examination, which consists of a verbal and a written part. Nach erfolgreicher Prüfung darf man sich Rechtsanwalt nennen (kurz RA) und exklusiv im rechtsanwaltlichen Monopolbereichbefore courts work. It is to be noticed however that due to the föderalistischen system of Switzerland the training can last after final study differently for a long time. In the canton Solothurn lasts the practical course for attorneys 12, in the canton Berne 18 months. Besidesrequire the cantons different basic training of the universities. Who z. B. in the university Freiburg in the Üechtland its study locked, requires and. A. additional training in the field of the court medicine. On legal basis the kantonale authentication of the attorneys was waived andsimilar to the domestic market law the practice of the occupation in the entire area of Switzerland makes possible. The monopoly to work within the range of the courts is loosened in few cantons. There standing, persons of age and judicious can subject to legal restrictions in the civil honoursothers before court represent.

The largest legal faculty of Switzerland is to be found at the University of Zurich. The jurisprudential one faculty becomes on the winter semester 2006/07 the European Credit transfer system (ECTS) as well as gradated courses of studies (Bachelor/masters) after the Bologna model to introduce.

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the Baltic

in the Baltic one understands an university graduate , that by a lawyer in principle at a University of the study of the jurisprudence with the Magister (normally M. A.) or an equivalent master (for example MLaw, master OF Law, LL.M., structure study) successfullylocked.

Since the Bologna reform there is the first legal conclusion Bachelor (BLaw, B. A.), which will usually lend after four academic years. Lawyer is however no protected job title and also no academic degree.

After successful examination one may attorney call themselves (lawyer, briefly automatic data processing.) and before courts work. It is to be noticed however that due to the different juridical systems of the Baltic states the training can last after final study differently for a long time.

The largest legal faculty in the BalticVilnius is to be found at the university. The jurisprudential faculty will introduce gradated courses of studies (Bachelor/masters) on the winter semester 2006/07 according to the Bologna model.

The European Credit transfer system (ECTS) is imported at all Baltic universities. The exchange programs between Germans and BalticLegal faculties are already accomplished before the entry to the European Union.

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