Definition and legal framework for applying for the Anwaltstation
Die Application for the Anwaltstation refers to the formal process in which legal trainees (Rechtsreferendare) seek and apply for a training position for the so-called legal practice stage during their preparatory service. The Anwaltstation is a mandatory component of the legal traineeship (Referendariat) in Germany and serves the practical training in a law firm, a company’s legal department, or other eligible training entities. The legal foundations and requirements for the application process for the Anwaltstation are particularly set out in the respective Länder’s Legal Education Acts (JAG) and in the training regulations.
Legal foundations of the Anwaltstation
Legal foundations
The Anwaltstation is regulated in Section 35 of the German Judiciary Act (Deutsches Richtergesetz, DRiG) as well as in the respective legal traineeship regulations of the federal states. The specific requirements for applications, deadlines, and completion of the training stage can differ depending on the federal state.
According to Section 35 (3) DRiG, the preparatory service includes a Anwaltstation, which usually lasts nine months. During this time, trainees are to acquire practical knowledge and skills for their future profession as Rechtsanwalt.
Training content of the Anwaltstation
During the Anwaltstation, trainees are supervised by an eligible training supervisor. The training typically includes:
- Client support
- Participation in court proceedings
- Drafting of pleadings and expert opinions
- Participation in consultations and contract drafting
- Participation in meetings and client discussions
Procedure of the application process
Selection of the training institution
Trainees are generally free to choose their training institution, provided that the desired institution meets the requirements of the respective state training regulations and is authorized for practical training. These may include licensed Rechtsanwalt, but also certain public institutions and companies with their own legal departments, as long as they offer suitable training positions.
Form and deadlines for application
Form of application
The application for the Anwaltstation is usually required in writing. Typically, the application includes the following documents:
- Application letter
- Curriculum vitae
- Certificates (e.g., First State Exam)
- Registration certificate for the Referendariat
In some cases, additional documents such as internship certificates, work samples, or letters of recommendation may be required. The requirements are primarily determined by the respective training institution.
Application deadlines
Compliance with certain deadlines is necessary because the Anwaltstation often follows directly after another stage of training. The exact deadlines are set either by the training institution itself or by the respective state judicial administration. Often, applications must be submitted three to six months before the planned start date.
Selection process
Many training institutions conduct selection interviews or invite applicants for a personal discussion. Selection criteria, in addition to exam grades, often include the applicant’s motivation, relevant prior experience, or particular areas of interest.
Rights and obligations during the Anwaltstation
Obligations of trainees
Trainees are obliged to actively pursue the training objectives during the Anwaltstation and to participate in the tasks assigned to them. Specific working hours and attendance are usually agreed with the respective training institution.
Obligations of trainers
Trainers must ensure that the trainee is provided with comprehensive and practice-oriented training. They are required to set up a training plan, provide regular guidance, and document the trainee’s progress.
Training certificate
At the end of the Anwaltstation, the training institution issues a certificate confirming the completed training. This document records the duration and content of the stage. This certificate is a prerequisite for admission to further training and to the Second State Law Examination.
Other legal aspects and special features
Remuneration
Remuneration for the Anwaltstation is not legally required. However, many training institutions pay a voluntary allowance, the amount of which varies depending on the law firm or company. There are no statutory claims for payment.
Special features in the choice of training institution
Certain restrictions apply in cases of family relationships or assignments to training institutions abroad. Training abroad is possible under certain conditions, but requires the prior approval of the competent judicial authority.
Trainee service relationship
The legal relationship between trainee and training institution is not an employment relationship in the sense of labor law, but a public-law training relationship. The trainee remains legally and for insurance purposes within the legal preparatory service of their federal state.
Completion of the Anwaltstation and legal continuation
Upon completion of the Anwaltstation, this segment of training automatically ends. The skills acquired and knowledge gained serve as the foundation for the final examination stage and the subsequent Second State Examination. The application phase for the Anwaltstation is thus an essential component of legal training and is legally decisive for a successful entry and advancement in legal professions.
Summary
The application for the Anwaltstation is a complex and regulated process within the framework of the legal traineeship, focusing on the selection and proof of a suitable training position at an eligible institution. The legal regulations governing the application, procedure, and completion of the stage are set forth in the relevant legal training regulations and statutory bases. Compliance with all requirements is essential for the successful completion of legal training.
Frequently asked questions
How are the training Rechtsanwältinnen and Rechtsanwälte for the Anwaltstation selected?
The selection of the training Rechtsanwältinnen and Rechtsanwälte in the Anwaltstation is basically the responsibility of the legal trainee. According to the relevant Legal Education Laws (Juristenausbildungsgesetze) of the federal states, the initiative of trainees themselves is explicitly required. The prerequisite is that the selected Rechtsanwältin or Rechtsanwalt is admitted to a German court (§ 9 (1) DRiG, § 46 BRAO). Approval by the respective Higher Regional Court or training authority is necessary, whereby it is regularly checked whether the trainer possesses the necessary professional and personal suitability and is able to ensure practice-oriented training. There must be no reasons for exclusion such as family relationships or a conflict of interest between trainer and trainee. A corresponding training contract or a written application with the consent of the trainer must be submitted in good time before the start of the stage. The stage can generally be completed with sole practitioners, small law firms, large law firms, or in the legal department of a company (if one of the lawyers there is admitted as a Rechtsanwältin/Rechtsanwalt).
What legal requirements apply regarding the duration and structure of the Anwaltstation?
The duration of the Anwaltstation is regulated by the German Judiciary Act (DRiG) and the respective Legal Education Laws of the federal states and is generally nine months. The exact period and possible divisions (e.g. elective and mandatory stage within the Anwaltstation) are determined by the training and examination regulations of the states. In many federal states, it is possible to split part of the stage across different training institutions if this promotes training and certain conditions are met. The training content is determined by law and is intended to familiarize trainees comprehensively with legal practice and court proceedings. Documentation of the training content is performed by keeping a training diary and preparing training reports, which must be confirmed by the trainer.
Is it possible to complete the Anwaltstation abroad, and what legal framework applies?
Completing the Anwaltstation abroad is possible under certain conditions. The respective state ordinances and decrees regulating stays abroad are decisive in this regard (§ 5d (2) DRiG, corresponding state law regulations). It must be ensured that the selected training institution includes a Rechtsanwältin/Rechtsanwalt admitted in the host country or a comparable legal professional under the laws of the host country and that the training meets the requirements of the German legal traineeship. An application for approval must regularly be submitted to the competent training authority, including a detailed training description, confirmation from the training institution, and a justification for the project. Recognition of foreign training stages is not automatic, but follows a careful case-by-case assessment. Unauthorized or unapproved completion abroad may result in the training period not being credited.
What rights and obligations apply during the Anwaltstation from a legal perspective?
During the Anwaltstation, trainees are subject to the service obligations in accordance with civil servant regulations for positions held on revocation. They are obliged to perform the tasks assigned to them with due care and to comply with the instructions of their trainers, provided these are relevant to substantive and personal training. Obligations include regular participation in training, keeping a training diary, timely preparation of file presentations and written assignments, as well as willingness to participate in supplementary training opportunities. Trainees have certain insurance coverage (accident and official liability insurance) during the Anwaltstation. Leave and illness must be reported in good time and documented; unauthorized absence without approval constitutes a breach of duty.
Under what conditions can the training institution be changed during the Anwaltstation?
A change of training institution during the Anwaltstation is possible for good cause upon written application to the competent training authority. Good causes can include a significant disruption of the training relationship, persistent differences between trainee and trainer, or unforeseeable changes in life circumstances (such as relocation, illness, closure of the law firm). The application must substantiate the reasons and be supported by evidence, if applicable. The training authority will examine whether good cause exists and decide at its discretion. A change based simply on personal preference is generally insufficient and can result in denial of the application. Recognition of training time and work completed up to that point must be clarified separately.
What legal requirements apply with regard to secondary employment during the Anwaltstation?
Engaging in secondary employment during the Anwaltstation is generally permitted but requires prior approval from the competent training authority. Approval is subject to the requirement that the secondary employment does not impair the proper fulfillment of training and examination duties, either in terms of content or time (§ 67 BBG, § 48 BeamtStG, in conjunction with relevant state law regulations). Employment as a research assistant or working in the training law firm’s office is often permitted, provided no conflicts of interest or overlap with training objectives arise. The scope and nature of the secondary employment must be reported and reviewed; violations may result in disciplinary action. Tax and social security implications must also be considered.
What legal consequences may arise from breaches of duty during the Anwaltstation?
Breaches of duty during the Anwaltstation, such as violating official duties, repeated unexcused absences, or serious violations of confidentiality obligations (§ 43a BRAO), may result in disciplinary actions. These range from a formal reprimand to a reduction of the maintenance allowance, and even premature dismissal from the traineeship (§ 23 (3) No. 2 BeamtStG). Furthermore, explicitly criminal or professional regulatory action may be taken if conduct outside the service relationship endangers the integrity of the judicial service. Non-recognition of the Anwaltstation as well as delays in admission to the Second State Examination may also ensue. The respective training authority is obliged to carefully investigate the facts and to give the person concerned a right to be heard.