Conditions for registration for the provision of legal services in compliance with the Legal Services Act (RDG)
Individual persons and legal entitities, as well as enterprises without legal personality, must be registered with the agency responsible
54.33 kB
if they have special expertise (§ 11 RDG) and wish to provide legal services in the following areas:
, Section 1, Clause 1, No. 1, § 2, Section 2, Clause 1 RDG)
, Section 1, Clause 1, No. 2 RDG)
, Section 1, Clause 1, No. 3 RDG)
The procedure for registration is governed by 12, 13 and 14 RDG as well as the Legal Services Regulation (RDV).
Conditions for registration are:
(1) Personal suitability and reliability (§ 12, Section 1, No. 1 RDG).
(2) Theoretical and practical expertise in the areas in which the legal services are to be provided (§ 12, Section 1 No. 2 RDG).
The type and scope of the particular theoretical and practical expertise, as well as proof of these, are governed by §§ 11 and 12, Section 3 RDG.
Legal entities (e.g. limited companies, limited liability companies, associations...) and enterprises without legal personality (e.g. private and ordinary partnerships) must name at least one private person who fulfills the conditions required under § 12, Section 1, Nos. 1 and 2 RDG. This person (a qualified person) must be permanently employed in the company. They must also be permitted to carry out their duties autonomously and be authorized to issue instructions as well as being authorized to represent the company externally in all matters relating to the provision of legal services by the enterprise (§ 12, Section 4 RDG).
(3) Signing up to a professional indemnity insurance with an insurance amount of at least 250,000 euros for every insured event (§ 12, Section 1, No. 3 RDG, § 5 RDV).
The registration procedure can be carried out in written or electronic form at a single location in compliance with the regulations of the Adminstrative Procedure Act (§ 13, Section 1, Clause 3 RDG in connection with §§ 71a to 71e and § 3a of the Adminstrative Procedure Act). Details, especially regarding the evidence to be attached, are governed by § 13 RDG and § 6 RDV. Once registration has been successfully completed the agency responsible arranges for a public announcement in the Legal Services Register (§ 16 RDG, § 8 RDV).
If the agency responsible makes a decision that is not in accordance with their obligations or if they revoke a registration (§ 14 RDG) an appeal can be lodged with them within one month, or an immediate claim made to the Administration Court, regardless of the federal state in which registration is to be made.
The registering agency does not decide on disagreements between registered legal service providers and recipients, or between legal service providers. Civil law claims between those involved must be asserted before ordinary courts.