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Tuesday, September 19, 2006

German Government to Revise Regulations for Legal Services.

The German Government plans a major overhaul on the German Law on Legal Services. Up to now, the very essence of the old German

Rechtsberatungsgesetz [in German only, sorry] is a doctrine to the effect that in general nobody is entitled to offer legal services unless the state has granted some kind of explicit permission. Attorneys-at-law, patent attorneys, and tax consultants have such license to practice legal services.

The

Draft bill titled "Entwurf eines Gesetzes zur Neuregelung des Rechtsberatungsrechts" [in German only, sorry] filed with the Parliament will open up the market for legal services to some extent but perceivable regulation will remain.

In particular, alternative business structures (ABS) between lawyers and non-lawyers will be allowed within a more flexible legal framework. Partnerships of one professional with more than only one law firm at a time will be allowable under certain circumstances. Foreign patent professionals may be admitted in Germany with regard to their respective field of expertise more easily. Professionals outside the field of primary law services (e.g. architects) will be allowed to provide some sort of auxiliary legal services for their clients outside their core business.

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