(The law as written at present).

Law on legal advice

Article 1 § ( 1 ) Law on Legal Advice. External legal affairs, including legal advice (..) may on principle – without distinguishing between it being main or secondary activities or against payment or not – only be conducted by persons who have been issued with permit for that purpose by the competent authority.

Article 1 § 8 Law on Legal Advice. Violating the law is the person who

I Nr. 1 is conducting external legal affairs as a business without possessing the required permit in accordance with this article, (…) these activities, however may be prohibited.

II. The violation may be subject to a fine of up to five thousand euros.

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Clarification of underlined italics in the law.

According to the Federal Constitutional Court (BVerfg, 1 BvR 2251/01 dated 27.09.2002, Sub Nr 23), conducting external legal affairs is the person who carries out an activity aimed at and suitable for the realisation of concrete external rights or the design of concrete external legal relationships.

Within that context business aspects require an independent repetitive activity which should not only be conducted as a favour for special reasons (BVerwG NJW 1988, 220 et al, quoted by Jürgen Renner/Caliebe, Law on Legal Advice comment, 2, Munich Publication 1992).

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This is the real reason for the law from the discussion section a page or so further on.

2.         Criticism – negative and positive

b. First and foremost the Law on Legal Advice serves to assure lawyers of an income.

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