The German Legal Profession

The German legal profession is characterised by its unified system of legal education, distinct career paths, and a strong tradition of professional regulation. Unlike common law jurisdictions 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 Volljurist — one who has passed both state examinations — is the fully qualified legal professional eligible for any of these career paths. The German model of the career judiciary, in which 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 profession is regulated at the federal level by the Federal Bar Association (Bundesrechtsanwaltskammer, BRAK) and at the regional level by the bar chambers (Rechtsanwaltskammern), which are public law corporations with mandatory membership for all practising attorneys.

The Dual Qualification Pathway

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: civil law, criminal law, public law, and procedural law, along with foundational subjects including legal history, legal philosophy, Roman law, and comparative law. Students must also select a specialisation (Schwerpunktbereich) that is examined by their university. The First Examination is administered by the state judicial examination offices (Justizprüfungsämter) and comprises written assignments and an oral component. The pass rate varies by Land but typically ranges from 60 to 75 percent. Success in the First Examination qualifies graduates for the Referendariat, a two-year practical training programme that is the second stage of qualification. The Second State Examination (Zweites Juristisches Staatsexamen), taken after the Referendariat, tests practical legal skills and is decisive for career advancement. The grade of Prädikatsexamen (approximately 7.5 out of 18 points or higher) is required for judicial appointments and senior civil service positions. Together, the two examinations constitute one of the most demanding professional qualification pathways in the world.

The Referendariat

The Referendariat is a distinctive feature of German legal education, combining practical training in multiple stations with continued academic study. Referendare (legal trainees) hold the status of public employees and serve in five or six mandatory stations (Pflichtstationen), typically including a civil court (Zivilgericht), a public prosecutor’s office or criminal court (Staatsanwaltschaft/Strafgericht), an administrative authority (Verwaltungsbehörde), a law firm (Rechtsanwaltskanzlei), and a station of the trainee’s choice (Wahlstation). Each station lasts three to six months, during which the Referendar works under supervision, draft judgments, pleadings, and administrative decisions, and participates in court proceedings and client meetings. The Referendariat is supplemented by weekly working groups (Arbeitsgemeinschaften) organised by the training court or the state ministry of justice, which provide instruction in procedural law, pleading techniques, and legal ethics. The Second State Examination includes eight to twelve written assignments (Klausuren) and an oral examination, testing the candidate’s ability to resolve complex legal problems in a practical setting. Preparation for the Second Examination is widely regarded as the most intense period of legal training in Germany. The overall pass rate typically exceeds 70 percent, but the grade distribution is such that only a minority of candidates achieve the results necessary for the most desirable career paths.

Career Paths: Richter, Staatsanwalt, and Rechtsanwalt

German judges are career civil servants who enter the judiciary immediately after completing their legal education, typically in their late twenties or early thirties. 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 involve both executive and parliamentary participation: the competent minister appoints judges, but judicial selection committees (Richterwahlausschüsse) — composed of politicians, judges, and practising lawyers — play a significant role, particularly for higher courts. Judges are independent in their adjudicative function under Article 97 of the Basic Law and may be transferred or removed only by judicial decision. Public prosecutors (Staatsanwälte) follow a similar career path but are hierarchically organised within the state ministries of justice and lack the same degree of personal independence. Lawyers in private practice (Rechtsanwälte) are independent organs of the administration of justice under section 1 of the Federal Lawyers’ Act (BRAO). Approximately 170,000 Rechtsanwälte are admitted in Germany, a number that has grown substantially since reunification, leading to increasing competition and downward pressure on fees in certain practice areas.

The Notariat

The German notary (Notar) is a public official (öffentliches Amt) who exercises state authority in the certification of legal transactions. Notaries are independent holders of a public office 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, and succession planning. The notarial system operates in three models depending on the Land: the lawyer-notary system (Anwaltsnotariat) in most former West German states, 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 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. Access to the notarial profession is restricted by a numerus clausus system that limits the number of notarial offices in each region, and appointment is made by the state ministry of justice based on merit and seniority.

Regulation: BRAK, Regional Bar Chambers, and Professional Obligations

The legal profession in Germany is regulated through a system of public law corporations. The Federal Bar Association (BRAK), with its seat in Berlin, is the umbrella organisation of the 28 regional bar chambers (Rechtsanwaltskammern) and represents the profession at the federal level. The regional bar chambers are mandatory membership organisations — every Rechtsanwalt must be a member of the chamber for the district in which they are admitted. The chambers are responsible for admission, continuing legal education oversight, professional ethics counselling, and disciplinary proceedings. The Federal Lawyers’ Act (BRAO) establishes the core professional obligations of Rechtsanwälte, including the duties of independence, confidentiality, diligence, and the avoidance of conflicts of interest. Attorneys must maintain mandatory professional liability insurance with a minimum coverage of €250,000 per claim (recently increased). Fee regulation under the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG) prescribes statutory fee schedules for most matters, though fee agreements are permitted within certain parameters. Contingency fees (Erfolgshonorar) were historically prohibited but have been permitted on a limited basis since 2008, subject to strict conditions including the requirement that the client would otherwise be prevented from pursuing the claim.

Specialisation and the Fachanwalt

German law recognises formal specialisation through the title of Fachanwalt (specialist lawyer). The Fachanwalt designation, regulated by the BRAK, is available in approximately 24 areas including administrative law, family law, criminal law, labour law, tax law, social law, medical law, and intellectual property law. To obtain the title, an attorney must demonstrate substantial practical experience in the field — typically three to five years of practice with a minimum number of cases handled — and pass a rigorous written examination administered by the regional bar chamber. Fachanwälte may advertise their specialisation and are entitled to charge premium fees for their expertise. The system is widely respected and provides a reliable signal of competence to clients and referring attorneys. The prohibition on multi-disciplinary partnerships (MDPs) — partnerships between lawyers and non-lawyers such as accountants or architects — has been gradually relaxed, and since the 1990s, German law firms may incorporate as professional limited liability companies (Partnerschaftsgesellschaft mit beschränkter Berufshaftung) and, more recently, as legal services corporations (Rechtsanwaltsgesellschaft mbH), enabling the corporatisation of legal practice and the entry of external investment into law firms.