Definition and Meaning of the Anwaltsstation
Die Anwaltsstation is a central part of the second stage of legal education in Germany, the so-called legal clerkship (Referendariat). It refers to a practical training phase during the clerkship, in which future fully qualified lawyers learn typical activities of legal practice under the guidance of a trained and licensed female or male Rechtsanwalt. The Anwaltsstation serves to deepen the knowledge gained during studies and the remainder of the clerkship in a practice-oriented manner and specifically prepares participants for the demands of their later professional life.
Legal Foundations
Provisions in the German Judiciary Act (DRiG)
The legal basis for the Anwaltsstation is found especially in the German Judiciary Act (DRiG). According to Section 5a (3) DRiG, the practical training takes place in various mandatory stations, including the station with a Rechtsanwalt. The exact structure is laid out in the legal training act (JAG) of each federal state. The duration and focal points may thus differ depending on the federal state.
State-Specific Regulations
The training regulations of the individual federal states (e.g., the JAG for North Rhine-Westphalia or Bavaria) set out detailed provisions regarding the selection of trainers, training content, reporting requirements, and grading. In addition to nationwide uniform fundamentals, there are therefore specific regional differences, in particular regarding the minimum duration, possible elective stations, as well as examination requirements.
Structure and Duration of the Anwaltsstation
Timeline
The Anwaltsstation is generally the longest station during the legal clerkship. Its duration is usually nine months, depending on the federal state, and is divided into a first, longer law practice phase, followed by a so-called elective station, where further specialization or deepening is possible.
Typical Procedure
- Start: The Anwaltsstation usually follows the civil law and criminal law stations.
- Duration: Approximately nine months.
- Structure: Often six months mandatory station with a Rechtsanwalt, followed by three months (elective station), during which it is also possible to work abroad or in companies or organizations.
Training Content and Activities
Common tasks in the Anwaltsstation include:
- Drafting of pleadings and legal opinions
- Client contact and meetings
- Preparation of contracts and other legal documents
- File review and preparation for court hearings
- Participation in court hearings and client meetings
- Research on legal issues
- Collaboration on out-of-court and court proceedings
The trainer gives instructions, assigns tasks, and is available for substantive discussions. In practice, the educational outcome largely depends on the quality of supervision and the commitment of the legal trainee.
Admission Requirements and Organization
Choice of Training Location
Legal trainees are generally free to choose their training placement for the Anwaltsstation. The selection includes Rechtsanwälte licensed in Germany with the right of audience before the relevant court. Sometimes a minimum duration of professional experience is required.
Reporting Procedures and Obligations of the Trainer
Before starting the Anwaltsstation, the choice of training place must be reported to the responsible training office and approved by it. The trainer is obliged to issue a certificate confirming proper practical training and, if necessary, to prepare evaluations for later exam preparation.
Legal Classification and Relevance in the Second State Exam
Exam Relevance and Training Objective
The Anwaltsstation specifically prepares participants for the practical part of the second state examination, where lawyer-specific exams and practical tasks (e.g., client letters, lawsuits, motions, contract drafts) are completed. It is especially significant for the exam, as in the second state exam the legal performance often determines a large part of the overall grade.
Relation to Other Clerkship Training
In contrast to other stations, such as the administrative or court station, the focus in the Anwaltsstation is on independent work, client contact, and the diversity of legal practice. It is therefore a key link between theoretical education and professional practice.
Remuneration and Costs
There is no entitlement to remuneration during the Anwaltsstation. However, trainees receive a maintenance allowance from the respective federal state during the entire clerkship. Additional voluntary payments from the trainer are possible but not legally required.
International and Special Forms
Foreign Anwaltsstation and Elective Station
During the so-called elective station, which follows or is integrated with the mandatory station, training can also be completed in law firms abroad, with international organizations, or companies, as long as this is recognized by the supervising office. This offers the opportunity to deepen international legal knowledge and practice.
Virtualization and New Training Paths
With the advances in digitalization and modern communication methods, it is now possible to complete parts of the training regardless of location, for example by participating in online client meetings or digital file handling, provided the training office allows this.
Assessment and Proof of Performance
Performance during the Anwaltsstation is assessed by the supervising Rechtsanwalt. This can take the form of written reports and evaluations as part of the final examination. Work on practical cases as well as drafting work samples and exams are crucial for a sound assessment.
Significance for Professional Practice
The Anwaltsstation is considered a particularly practice-shaping and professionally relevant part of legal education. It enables trainees to gain comprehensive insight into the work of a Rechtsanwalt, particularly in client care, case processing, strategic litigation, and business management aspects.
See also
- Legal clerkship (Referendariat)
- Second State Exam
- Legal Training Act (JAG)
- German Legal Profession
Note: This article offers a comprehensive and detailed overview of the legal classification, statutory foundations, practical procedures, and the significance of the Anwaltsstation within legal education in Germany.
Frequently Asked Questions
What tasks does the trainee undertake during the Anwaltsstation?
During the Anwaltsstation, the trainee is significantly involved in legal practice and takes on a variety of tasks that correspond to the activities of a Rechtsanwalt. Typically, under the guidance of the trainer, the trainee drafts pleadings such as complaints, statements of defense, motions, appeals, and complaints. In addition, the trainee may be required to prepare legal opinions or client memos, as well as review contracts or other legal documents. The trainee also regularly attends client meetings and accompanies the trainer to court hearings, administrative authorities, or settlement negotiations. Depending on the training plan, the trainee may also be assigned independent handling and resolution of cases, including client correspondence, always observing the four-eyes principle and the obligation to maintain legal confidentiality. The tasks depend overall on the trainee’s level of training and individual commitment, but are intended to prepare for independent legal practice.
How is the assignment of trainers regulated in the Anwaltsstation?
The assignment of the legal trainer is usually made by the trainee, who selects a suitable fully qualified lawyer who has been admitted to the profession for at least three years (§ 5 (1) sentence 2 DRiG). The trainee must submit an application for assignment to the competent Higher Regional Court or the administration of the legal preparatory service and submit a written declaration of consent from the chosen trainer. The court checks the formal suitability of the selected trainer; the wishes of the trainee are typically followed unless there are serious reasons to the contrary. A change of trainer during the station is generally possible but requires the approval of the training authority and should be justified in view of training continuity.
How is attendance regulated in the Anwaltsstation?
Attendance requirements during the Anwaltsstation are regulated by the training and examination regulations of each federal state and regularly require presence with the trainer on several days a week. In contrast to the state-run mandatory stations, there is often greater flexibility regarding working hours, provided that the training is carried out properly and the trainer confirms successful completion. The minimum attendance is determined by the training regulations (usually averaging 10-15 hours per week, but may vary in individual cases), and attendance at accompanying study groups is also mandatory. Absences must be coordinated with the trainer and administration in good time, and if certain limits are exceeded (usually 10% of the total period), leave or sick notes must be provided.
What examination requirements must be fulfilled during the Anwaltsstation?
Different examination requirements apply during the Anwaltsstation, which at least include preparing case presentations and writing supervised examinations (so-called Klausuren), with the exact number and format determined each year depending on the federal state. Central is the so-called ‘Anwaltsklausur’, which simulates the resolution of a case from a legal perspective. Additionally, submission of training reports, participation in mandatory study groups, and in some cases, completion of tasks as part of moot courts or presentations of short lectures may be required. Performance is assessed by the respective instructors and sometimes also by trainers and counts toward the overall assessment of practical training.
Can the Anwaltsstation also be completed abroad?
Yes, in many federal states and upon application, the Anwaltsstation can be completed in whole or in part with a Rechtsanwalt licensed abroad, provided that he or she practices a profession comparable to that of German lawyers. As a rule, approval by the responsible administrative authority is required, with the trainee having to submit a detailed training plan and a written confirmation from the foreign trainer. There are limitations in that at least part of the station often has to be completed in Germany to ensure compatibility with the German legal system and training process. The training content, reports, and certificates must then be submitted for recognition. Participation in German study groups or other mandatory courses remains compulsory; exceptions may apply for foreign stations.
Who bears the costs during the Anwaltsstation and is there remuneration?
The Anwaltsstation is fundamentally part of the legal preparatory service and is organized by the state as a training relationship. Trainees continue to receive regular maintenance payments and any special benefits from the competent state justice administration. The supervising Rechtsanwalt is not legally obliged to pay a salary, but many law firms, especially larger ones, pay a voluntary salary or expense allowance. The amount varies greatly depending on the size and location of the firm. Furthermore, the trainee is not entitled to reimbursement of travel costs or for work materials—these are the trainee’s responsibility unless otherwise regulated in the training contract. Any payments received must be declared for tax purposes and can be treated as income from non-self-employed work.
Are there any special features for legal training in a specialist law firm?
Legal training may also take place in a specialist law firm—especially in view of later specialization. It should be noted that the training content can be assigned to specific areas of focus (such as labor law, tax law, family law), without, however, impairing the diversity of training. Legally, this means that although the trainee benefits from specific expertise and case types, the training must not be too one-sided: the trainee must also have the opportunity to acquire general legal skills and knowledge. The training regulations require the trainer to ensure this and that the training plan covers a variety of legal activities. At the same time, training in a specialist law firm can help establish initial professional networks in the relevant field.