The German Legal Profession

The German legal profession is characterised by a unified system of legal education, distinct career paths, and a strong tradition of professional regulation. Unlike common law systems where law is primarily a graduate degree, German legal education begins at the undergraduate level and culminates in a two-state examination system that qualifies graduates for all legal professions. The profession is divided among judges (Richter), attorneys (Rechtsanwälte), notaries (Notare), public prosecutors (Staatsanwälte), and civil servants in legal roles, each with distinct functions and regulatory frameworks. The German model of the career judiciary — where judges enter the profession immediately after qualification rather than being appointed from the practising bar — is one of the most distinctive features of the system and reflects the civil law tradition’s conception of the judge as a specialised civil servant.

The Two-State Examination System

Access to all regulated legal professions in Germany is controlled by the two-state examination system (Zweistufige Juristenausbildung). The First State Examination (Erstes Juristisches Staatsexamen) is taken after approximately four to five years of university legal studies covering the compulsory subjects (Pflichfächer): civil law, criminal law, public law, and procedural law, along with the foundational subjects (legal history, legal philosophy, Roman law, and comparative law). Students must also choose a specialisation (Schwerpunktbereich) examined by their university. The First Examination is administered by state judicial examination offices (Justizprüfungsämter) in cooperation with universities and comprises written and oral components. The pass rate varies by Land but typically ranges from 60 to 75 percent. Success in the First Examination qualifies graduates for the subsequent reference period (Referendariat), a two-year practical training programme.

The Referendariat: Practical Legal Training

The Referendariat is a distinctive feature of German legal education, combining practical training with continued academic study. Referendare (legal trainees) are public employees who serve in five or six mandatory stations (Pflichtstationen), typically including a civil court, a public prosecutor’s office or criminal court, an administrative authority, a law firm, and a station of the trainee’s choice. Each station lasts three to six months, during which the Referendar works under the supervision of a practising lawyer or judge, draft judgments, pleadings, and opinions, and participates in court proceedings and client meetings. The Referendariat is completed by the Second State Examination (Zweites Juristisches Staatsexamen), which tests practical legal skills through written assignments (Klausuren) and an oral examination. The Second Examination is significantly more demanding than the First, with pass rates typically between 70 and 85 percent, and the final grade (Prädikatsexamen) is decisive for career advancement, particularly for judicial appointments and senior civil service positions. Only candidates who achieve the grade “vollbefriedigend” (approximately 7.5 out of 18 points) or higher qualify for judicial office.

The Career Judiciary (Richter)

German judges are career civil servants, not former practitioners. After passing both state examinations, aspiring judges serve a probationary period (Probezeit) of three to five years as Richter auf Probe, during which their performance is evaluated by presiding judges and judicial appointment committees. Permanent appointment as Richter auf Lebenszeit requires a favourable evaluation and confirmation by the competent appointment body. Judicial appointments in Germany involve a combination of executive and parliamentary participation: the competent minister appoints judges, but judicial selection committees (Richterwahlausschüsse) — composed of politicians, judges, and lawyers — play a significant role in the selection process, particularly for higher courts. Judges are independent in their adjudicative function (Article 97 GG) and may be transferred or removed from office only by judicial decision, ensuring judicial independence analogous to that enjoyed by federal judges in the United States. The career structure provides for advancement through salary grades (Besoldungsgruppen) and ranks (Richter am Amtsgericht, Richter am Landgericht, Richter am Oberlandesgericht, Richter am Bundesgerichtshof). The German judiciary is widely regarded as highly professional and well-trained, though the career model has been criticised for a lack of diversity and for insufficient practical experience among judges who have never practised law outside the judiciary.

The Legal Profession (Rechtsanwälte)

Attorneys in Germany (Rechtsanwälte) are independent organs of the administration of justice (Organ der Rechtspflege) under section 1 of the Federal Lawyers’ Act (Bundesrechtsanwaltsordnung, BRAO). Admission to the bar requires both state examinations and membership in the competent Regional Bar (Rechtsanwaltskammer). Approximately 170,000 Rechtsanwälte are admitted in Germany, a number that has grown substantially since reunification. Attorneys may practise individually, in partnership (Partnerschaftsgesellschaft), or in incorporated forms permitted since 1998 (Rechtsanwaltsgesellschaft). The professional regulatory framework emphasises independence, confidentiality, and avoidance of conflicts of interest. Fee regulation is governed by the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG), which prescribes statutory fee schedules for most matters, though fee agreements are permitted. The Federal Bar (Bundesrechtsanwaltskammer, BRAK) is the umbrella organisation of the 28 Regional Bars, representing the interests of the profession at the federal level and issuing professional regulations. The emergence of large law firms, international legal practice, and specialisation has transformed the profession in recent decades, with German firms increasingly adopting Anglo-American partnership structures and competing in global legal markets.

The Notariat (Notare)

The German notary (Notar) is a public official (öffentliches Amt) who exercises state authority in the certification of legal transactions. German notaries are independent holders of a public office, not civil servants, and are responsible for authenticating documents, certifying signatures, verifying legal capacity, and providing independent legal advice in non-contentious matters. The notarial function is particularly important in property transactions, company formations, family law agreements, and succession planning. Documents requiring notarial authentication (notarielle Beurkundung) include real estate purchase contracts, marriage contracts, wills establishing foundations, and shareholder resolutions in limited liability companies. The notarial system is organised in three models depending on the Land: the lawyer-notary system (Anwaltsnotariat) prevalent in the former West Germany, where notaries practise law and notarial functions concurrently; the full-time notary system (Nurnotariat) in some Länder including Bavaria, where notaries are exclusively engaged in notarial functions; and the civil-service notary system (Beamtennotariat) in Baden-Württemberg, where notaries are career civil servants. The notary’s duty of impartiality (Unparteilichkeit) distinguishes the notary from the Rechtsanwalt, who represents a party’s interests, and reflects the notary’s role as a neutral guarantor of legal certainty.

Legal Education at German Universities

German legal education is a single-subject undergraduate programme leading to the First State Examination. The standard period of study is four to five years (eight to ten semesters), though many students require longer. The curriculum is structured around the compulsory core subjects (civil law, criminal law, public law, and European law) and procedural law, with the foundational subjects taught primarily in the first semesters. Teaching methods combine large lectures (Vorlesungen) with smaller tutorial groups (Arbeitsgemeinschaften) and practice-oriented exercises (Übungen). The Übungen are particularly important: students must complete and pass written assignments in each core subject to qualify for the State Examination. The study of law in Germany is characterised by the case-method approach in the civil law tradition: students learn to apply statutory provisions to hypothetical cases (Gutachtenstil), developing the systematic legal reasoning that the examination system rewards. German law faculties have historically been strongholds of doctrinal legal scholarship, but recent reforms have introduced more comparative, European, and interdisciplinary elements into the curriculum. The Bologna Process has prompted experimentation with Bachelor and Master of Laws degrees alongside the traditional State Examination, though the latter remains the dominant path to legal qualification.

Recent Reforms

The German legal profession and legal education have undergone significant reforms in the last two decades. The 2003 reform of legal education (Gesetz zur Reform der Juristenausbildung) introduced the Schwerpunktbereich system, allowing students to specialise within university-controlled curricula, and strengthened practical skills training, including negotiation, mediation, pleading, and legal ethics. The reforms aimed to make German legal education more competitive internationally and better aligned with the demands of modern legal practice. More recent discussions have focused on the opening of the profession to more flexible career paths, the internationalisation of legal practice, the digitalisation of court proceedings and legal services, and the regulation of alternative legal service providers. The introduction of the Legal Services Act (Rechtsdienstleistungsgesetz, RDG) in 2008 liberalised the market for legal services by permitting non-lawyers to provide certain legal services in defined areas, while maintaining the core monopoly of Rechtsanwälte over comprehensive legal advice and representation. Proposals for further reform include reducing the length of legal education, introducing greater flexibility in the examination system, and addressing concerns about access to the legal profession and the financial sustainability of legal practice in an increasingly competitive market.