Legal Services Act

The Legal Services Act (Act on extrajudicial legal services; RDG) regulates since 1 July 2008 in Germany the power to provide non-judicial legal services. It has thereby replaced the hitherto existing Law on Legal Advice ( RBerG ). Unlike the RBerG the Legal Services Act does not regulate the provision of legal services in the court proceedings; this is now regulated in the Rules of Procedure.

Regulatory purpose

The aim of the law is to protect the litigants, the legal traffic and the legal system before unqualified legal services (§ 1 para 1 sentence 2 RDG). Provisions in other laws on the authority to provide legal services, but unaffected (§ 1 para 2 RDG) remain. The Legal Services Act therefore regulates the legal advisory powers not exhaustive.

Subject

The law regulates in detail how and by whom the may " self- provision of non-judicial legal services " done. Considered as legal services while " any activity in specific foreign affairs as soon as it requires a legal review of the case ."

Legal Services is not according to the law (§ 2):

• Scientific opinions,
• The activities of arbitrators, arbitration boards or mediation,
• Directed to the general discussion of legal issues in the media.

As a result, a distinction is made between legal services by Registered - as lawyers or knowledgeable company - and unregistered persons. The latter as members of public authorities, the insolvency administration, consumer protection or social services include ( § 8).

Furthermore, the Legal Services Register is controlled, which is accessible to all and in which the persons or bodies approved for the above services are listed. Finally, rules are called on data protection and the possible imposition of penalties ( misdemeanor ).

Legislative procedure

The Draft Law Amending the legal advice law was introduced on 29 November 2006 in the Bundestag. The Law Amending the legal advice law of 12 December 2007 was promulgated in the Federal Law Gazette I No. 63 dated 17 December 2007 ( Journal 2840 et seq.) This law contains in Article 1, the law on extrajudicial legal services ( Legal Services Act - RDG) and in Article 2 of the Introductory Act to the Legal Services Act ( RDGEG ). It entered into force on 1 July 2008. The term of the Chamber lawyer was introduced by § 3 para 1 RDGEG and settled his legal authority to act.

The law also set the Richtlinlie 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ No L 255, p 22) into national law.

Amendment Article 6

The Federal Minister of Justice has to execute the law, the regulation on the Legal Services Act - adopted ( Legal Services Regulation RDV ). The regulation was promulgated on 25 June 2008 in the Federal Law Gazette I No. 28 on pages 1069 ff and entered into force on 1 July 2008.

Criticism

Criticism of the Legal Services Act came from different sides: the Federal Chamber of Lawyers feared an increasing unqualified legal advice. As one critic put it, the person seeking advice will no longer protected against " quacks ". By law, the authority to provide legal assistance is no longer tied to an output qualifier, so that virtually anyone - regardless of his educational background - could be significant to act as a " lawyer ". For those seeking advice it would thus harder than ever to recognize who is actually professional.

On the other hand, the allegation was made, behind the law stand unspoken competition an illegal protection for lawyers, in addition to the law with the " rigid lockout altruistic helpers" be removed from the essential requirements of a citizen-friendly justice.

The continuing even under the scheme of the Legal Services Act in Germany strong regulation of legal advice criticized Ulrich Everling - still under the scope of the legal assistance law - in 1990 in a report for the German Jurists and noted that " none of the EU he has examined Member States legal advice reserves the lawyers. Not even the paid commercial legal services is subject to similar restrictions in other states as in the Federal Republic of Germany. In some states, there are no licensing requirements for professional legal advice. Only the use of the professional drawing attorney is bound to the usual conditions. In all these countries it is so anyone is free to consult legal even without appropriate professional qualifications and examinations. "