Attorney

Der Procurator aus Jost Ammans Ständebuch, 1568
of the Procurator from Jost Ammans condition book, 1568
attorney (in Switzerland also lawyer or advocate; of germ. rehta, old-high-German reht: “arrange”, anawalt: “Force”) is a job title for full lawyer, those as legal representatives fora mandator become active.

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general

attorneys have the task to secure the constitutional state and in such a way to regulate legal affairs of citizens that law breakings are not even created and - ignoring to develop or on the shortest and safest way from the world.In principle everyone is authorized to avail itself of anwaltlichen assistance. Lawyers require the permission by the bar, in whose district they want to establish themselves to register and are with court into the attorney list. In the oath of allegiance before the court, with that it certifiedare, attorneys must commit themselves, to protect to fulfill who constitutional order and which obligations of an attorney conscientiously (§ 26 BRAO).

Main task of an attorney is to clear up and ensure right-looking for over the legislation responsible for their legal problem thatthe preservation of evidence as a the most important condition for any right success is considered.

An attorney can occur for example on behalf a party before the court in a criminal procedure as defenders or represent in the civil proceedings or other kinds of procedure its client. Attorneys have to a large extentthe legal monopoly on individual legal advice. The for this relevant legal advice law, which originates still from the Nazi period and should for it serve at that time, indirectly e.g. Jewish lawyers the professional activity to make more difficult, is to be replaced soon by a completely again revised right service law.

Frantzen“lawyer art” differentiates the Forensiker with respect to its classical author, which leads primarily court processes from the defender in the criminal procedure and the restaurant lawyer, which advise its mandators not only legally, but also and particularly due to its experiences strategically.

notary's office

throughnational order knows an attorney in the areas of the earlier British zone of occupation a permission than notary in the additional occupation (lawyer notary) (§ 3 exp. 2 federal notary order BNotO) receives and in this characteristic recording from legal transactions (z. B. Purchase of land) make,so-called. Lawyer notary's office. In other court districts notaries in the main profession are ordered by the state, who may not be then parallel than attorney active, so-called. Only notary's office.

organ of the justice

the German legal order sees the attorney as “independent organ of the justice“(§ 1 BRAO). This meant that the lawyer is not only obligated to his mandator, but also the legal order it respects must. So the lawyer may not speak the untruth for example before court. It may not become active also,if it already represents the other party because of the same contention or represented. The attorney mandator relationship is constitutionally privileged, D. h. the lawyer cannot be forced by the state to report on mandator discussions opposite third.

permission

the attorney, no trade exercises a free occupation. To the lawyer therefore the anwaltliche occupation right applies. It is supervised by the respective bar. A condition for the permission as an attorney is the capability to the justiceship, those after the law studiesat a German University of (first state examination) and after the following Referendariat by the second state examination and an occupation liability insurance for attorneys ( financial damage liability insurance) for consulting errors is proven. For lawyers from the European Union foreign country this can take place via a special qualification test.Since there are no permission borders in Germany for lawyers contrary to notaries, are the professional prospects for young lawyers without special qualifications and/or. during the training in Kanzleien of won professional experiences as a rule not particularly positively. The number of the lawyers in Germanyis since 1995 over approx. 80% risen. It amounts to z. Time. (2006) approx. 135.000.

During financial collapse as well as criminal offences and condemnation to imprisonments the permission can be lost also (§ 14 exp. 2 BRAO and § 45 StGB).

specialist lawyer

an attorney, who has in a certain right area (activity emphasis) special theoretical and practical experiences, can of the bar responsible for him permission for leading the title “specialist lawyer for….“receive. The details of the permissionas a specialist lawyer the specialist lawyer order (FAO) regulates. At present it gives specialized bars for the following right areas: Industrial law, building and architect right, vomit, family right, insolvency law, medicine right, renting and residential property law, social right, tax law, criminal law, transport and forwarding business right, traffic law, insurance law as well as administrative law. Soon it becomes also a specialist lawyer forCommercial legal protection and handels and corporate law and/or. Author and law of communication media as well as information technology right give, since the statute meeting of the Federal Law bar association seized corresponding resolutions as lawyer parliament.

counsel lawyer

a so-called. Counsel lawyer is an attorney, like an employee for infirm salary as legal advisers in an enterprise is active, because of which Weisungsgebundeheit may not represent these opposite its employer however judicially. The acknowledgment as a counsel lawyer presupposes that this may represent also third judicially.

remuneration

the remunerationthe attorney is legally fixed by the attorney remuneration law (RVG), to 01. July 2004 the federal regulation of charges for right lawyers (BRAGO) replaced. An individual fee agreement between lawyer and mandator (for example as negotiated fixed amount or on basis of hourly rates) is possible, insuccess-dependent fee is however not permitted in Germany. Differently this is for example in the USA.

partnerships

of attorneys, who must have always also a concrete Kanzleianschrift, can be together active both alone and with further attorneys. [[Bei]]the office communities in such a way specified remains independent everyone of the attorneys and divides only the office with his colleagues. More common is however the union from lawyers to partnerships. Lawyers of a partnership, the Sozien, step under a common designation outwardup. In the very most cases these partnerships are legally organized as a society of civil right. Partnerships, which can have also still further than employees active lawyers beside (on the letter elbow specified) the Sozien, are usually in form of a partnership company or (more rarely)a finance company organizes. Frequently there are partnerships, which are represented at different places (over-local partnerships). There are also in Germany partnerships, which have some hundred Sozien. Here it concerns mostly international partnerships, their German partner itself with Englishor American Kanzleien united. As a result of the globalization it arose that the largest German law offices are controlled today either by British or American Kanzleien.

Incompatibly with the occupation order is however the establishment of a so-called. Star partnership, thus oneorganization form under company law, in which for example attorney A partner of the A&B Partnerschaftsgesellschaft and at the same time partner of the A&C society are, and/or an attorney company took part for its part a partnership is (see. § 59c exp. 2 BRAO).

German lawyer association

the German lawyer association became inYears 1871 in Bamberg as protection of interests of the German attorneys based. After the nationally ordered formal dissolution of the association in the year 1934 a reestablishment of the DAV took place after the Second World War. There is since then no more the individual lawyers of members of theDAV, but the local lawyer associations. About 243 local lawyer associations are organized in the DAV, those together approx. 60,000 woman barristers and attorneys as members have.

lawyer adhesion

one differentiates the lawyer adhesion opposite the mandator with obligation injuries from the lawyer contract andthe adhesion opposite Nichtmandanten, i.e. Third damage by anwaltliche Fehlleistung. In both cases the attorney is obligated to payment of damages. The claim for damages opposite the attorney falls under the statute of limitations within the regular period of limitation in such a way specified of three years (§ 195 BGB). The earlier special arrangementin § 51b BRAO since 15.12.2004 was omitted.

The attorney is obligated to lock a financial damage liability insurance with an insured sum of at least 250000 EUR per accident (§ 51 BRAO).

patent lawyer

a patent lawyer advises and represents mandators on thatArea of the commercial legal protection; he is not an attorney.

quotations

something grey-fuller than the legal profession I could not myself present in the days of my largest despair. - Marcel Proust, quotes with Alain de Botton (howProust your life to change knows, ISBN 3596506700, S. 19)

Let's kill all the lawyers. - William Shakespeare, The Butcher in 2 Henry VI, IV, ii lawyers

are thick nothing else efforts joint as the amplifiers. (Setarkos)

work on []

See also

to literature

  • Gerhard hard seaweed: The German attorney. Legal status and function in past and present. C. F. Mueller, Heidelberg 1986 ISBN 3-8114-1186-1
  • Michael stretch: Occupation: Lawyer/attorney. Beck, Munich 2001 ISBN 3-406-47140-4
  • Dieter Trimborn of landing mountain (Hrsg.): Successfully start as an attorney. German lawyer publishing house, Bonn 2002 ISBN 3-8240-0333-3
  • Uwe Wesel: Risk attorney. Blessing, Munich 2001 ISBN 3-896-67065-4
  • Borgmann/Haug: Lawyer adhesion. Beck,Munich 2005 ISBN 3-406-37805-6
  • German lawyer association and Institut for legal further training at the correspondence university in Hagen (Hrsg.): DAV Anwaltausbildung, volume 2 - the theoretical training, S. 11 FF. (Chapter “the attorney in the society”, “a small history of the German bar”, “thoseBar from sociological view ". German lawyer publishing house, Bonn 2005 ISBN 3-8240-0749-5
  • Commichau/Fresemann: “LAWYER LAWS” German lawyer publishing house ISBN 3-87389-321-5
  • max of Vollkommer “lawyer liability law” publishing house C.H.Beck ISBN 3-406-33899-2

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Wiktionary: Attorney - word origin, synonyms and translations

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