Professional duties of the lawyer


Professional duties of the lawyer                                                                                                                                                                                                      

In this article, we would like to present the relevant regulations for the exercise of the legal profession to you. The legal framework conditions include the Professional Code of Lawyers (BORA) and the Federal Lawyers' Code (BRAO).

As a rule, the professional prerequisite for the profession of lawyer is the "qualification for the office of judge" according to the German Judges Act (§ 4 BRAO). This requires the completion of a law degree at a university with the first state examination and a subsequent preparatory service (legal clerkship) with the second state examination (§ 5 DRiG).

However, the professional title "lawyer" may only be used after admission to the bar (§ 12 BRAO) certified by the State Administration of Justice in a court of ordinary jurisdiction (§ 18 BRAO). The prerequisite for the delivery of this certificate of admission is proof of the conclusion of a professional indemnity insurance in accordance with § 51 BRAO or a provisional guarantee of cover (§ 12 para. 2 BRAO).

At the court of admission, the lawyer is sworn in in public session (§ 26 BRAO) and usually has to set up a law firm here (§ 27 BRAO). Only with the entry in the list of lawyers (§ 31 BRAO) does the authority to take up the legal activity begin (§ 32 BRAO).

The lawyer is an independent organ of the administration of justice (§ 1 BRAO), exercises a liberal profession (§ 2 BRAO) and is an independent advisor and representative in all legal matters. Within the framework of the statutory provisions, everyone has the right to be advised in legal matters of all kinds by a lawyer of his choice and to be represented before courts or authorities (§ 3 BRAO).

The main professional obligations can be represented as follows:

  • It is the professional duty of the lawyer to exercise his profession conscientiously and to prove himself within and outside this profession "worthy of the respect and trust required by the position of lawyer" (§ 43 BRAO).
  • The lawyer may not enter into any ties that jeopardize his professional independence.
  • The lawyer is obliged to maintain secrecy. This duty applies to everything that has become known to him in the exercise of his profession. This does not apply to facts that are obvious or do not require secrecy according to their significance.
  • The lawyer may not behave improperly in the exercise of his profession. In particular, conduct that involves the deliberate dissemination of untruths or such disparaging statements to which other parties or the course of the proceedings have given no cause is unobjective.
  • The lawyer may not represent conflicting interests.
  • The lawyer is obliged to exercise the necessary care in the treatment of the assets entrusted to him. Third-party funds must be forwarded immediately to the person entitled to receive them or paid into an other account.
  • The lawyer is obliged to undergo further training.
  • Advertising is only permitted to the lawyer if it provides factual information about the professional activity in form and content and is not aimed at placing an order in individual cases.
  • The lawyer is obliged to keep and keep a hand file.
If the lawyer does not want to accept the order, he must immediately declare the rejection, otherwise he is liable for damages.
If the lawyer has accepted the mandate, the client must be informed immediatelyof all processes and measures essential for the progress of the case, in particular of all essential documents received or sent, his inquiries must be answeredimmediately, § 11 BORA.

In addition, there are numerous other obligations that regulate, for example, the relationship between lawyers and the Bar Association or between lawyers among themselves. lik;

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