Overview: Starting a Career after the Second State Examination
The term ‘starting a career after the Second State Examination’ refers to the transition from successfully passing the second state examination in the field of law to entering the regular job market, including access to both classic and alternative professions such as public service, private sector, and self-employment. In Germany, the second state examination marks the completion of legal training and is a mandatory requirement for numerous career paths.
Legal Foundations for Starting a Career
The Second State Examination as the Conclusion of Legal Training
Legal education in Germany consists of two stages and concludes with the second state examination after the completion of the legal preparatory service (Referendariat). The legal basis for this is primarily the German Judiciary Act (DRiG) and the respective state laws on legal education (JAG), which comprehensively regulate the process of the Referendariat and examination procedures.
Requirements for Entering the Profession
Passing the second state examination bestows what is called the ‘qualification for judicial office’ (§ 5 DRiG), which is a central prerequisite for taking on numerous functions. This qualification is demonstrated by the certificate of having passed the second legal state examination.
Paths to Entering the Legal Job Market
Public Law Professions
Upon completion of the second state examination, formal access is granted to the so-called classic careers in public service. These include in particular:
- Judge
- Public Prosecutor
- Notary (under certain conditions as per the Federal Notarial Code)
- Senior Administrative Officer
Access is determined by the respective federal and state legal provisions, in particular by civil service regulations (e.g. Federal Civil Servants Act, Civil Servant Status Act).
Liberal Professions
Entry into classic freelance professions is determined by the respective professional codes. Admission as Rechtsanwalt is governed by § 4 BRAO upon written application and proof of personal and professional suitability, in particular the qualification for judicial office.
Employment in the Private Sector and Other Careers
Many graduates choose career opportunities outside the classic legal field, for example in the human resources departments of large companies, in compliance, or in consulting firms. Entry into these areas is generally less strictly regulated and subject to the general provisions of labor law.
Process and Legal Requirements in the Application Procedure
Application and Selection Process
In the public sector, procedures are characterized by transparency, equal treatment, and standards of aptitude, qualification, and professional performance (Art. 33 para. 2 GG). Recruitment processes for judges, public prosecutors, or senior administrative officers each include formalized selection procedures and regularly also interviews or selection committees, based on the respective state regulations.
Special Legal Provisions
Waiting Periods and Probationary Periods
Employment is frequently first on a probationary basis. Civil service regulations (e.g., §§ 13 ff. BeamtStG, §§ 10 ff. BBG) govern the duration and course of probationary appointments, promotion opportunities, and any waiting times before being granted a permanent position.
Confidentiality Obligations and Duties at the Commencement of Employment
Upon entering professional life, special duties arise, in particular confidentiality obligations (§ 43a BRAO, § 1 DRiG), official confidentiality under § 37 BeamtStG, or the duty of loyalty to public or private employers. For certain professions, an extended certificate of good conduct or loyalty to the constitution may be required.
Career Paths and Legal Particularities
Judiciary and Public Prosecution Service
Appointment as a judge or public prosecutor occurs by means of a formal administrative act pursuant to the relevant state judges’ laws or justice laws and § 12 ff. DRiG. The probationary period and assessment are subject to specific procedures. Appointment to a permanent judicial position requires a probationary period and proven suitability in accordance with official regulations.
Notaryship
To take up a notary position, an additional appointment is required in line with the provisions of the Federal Notarial Code. The selection procedure here is characterized by state-level applicant selection, with suitability, qualification, and professional performance being the main criteria.
Positions in Upper and Senior Civil Service
Graduates with a second state examination may apply for positions in the higher administrative service; the requirement is the qualification for judicial office or an equivalent qualification. The respective state civil service career laws (LBG) and recruitment requirements govern access.
Rights and Duties Upon Entering a Profession
Rights
Upon entering professional employment, graduates are protected by employment or public service regulations. These include entitlements to remuneration, vacation, and other rights under the relevant collective bargaining agreements or the Civil Servant Status Act.
Duties
Relevant duties include confidentiality, neutrality, obligation to truthfulness, prohibition of representing conflicting interests (in the legal profession), and upholding the reputation of the profession.
Continuing Education and Specialization
Mandatory or optional further training is sometimes required by law or professional rules, particularly for judges, public prosecutors, and in administrative legal positions. Ongoing education and training is also necessary in many fields to ensure high professional quality.
Conclusion
The transition to a professional career after the second state examination is characterized by a dense network of legal regulations governing access to the respective fields, as well as the requirements for applications, selection, and subsequent professional practice. Knowledge of the applicable laws and regulations is therefore the foundation for a successful career start and sustainable career development based on the second state examination.
Frequently Asked Questions
What legal requirements must be observed when starting a career after the second state examination?
After successfully completing the second state examination, various legal requirements must be met to commence a career in law. Among the most important is formal appointment by the competent authority, for example, swearing in as Rechtsanwalt by the bar association or appointment as judge or public prosecutor by the respective state or federal ministry of justice. In addition, there must be no statutory obstacles such as criminal convictions or serious disciplinary offenses. Those wishing to become a lawyer must, under § 4 of the Federal Lawyers’ Act (BRAO), submit an application for admission and demonstrate that they meet the personal and professional requirements. If employment is to be in public service (judge, prosecutor), the civil service law applies; suitability in terms of personal, health, and character requirements will be assessed.
Which deadlines must be observed when starting a career after the second state examination?
Deadlines vary depending on the branch of profession pursued. For admission to the legal profession, the application should be submitted promptly after receipt of the certificate for the second state examination, pursuant to § 6 BRAO. The same applies to applications for judicial service (judge, prosecutor), where deadlines depend on the respective state announcements and often amount to several months. Missing these deadlines may result in significant delays, particularly as some selection procedures take place only once a year or have limited capacity. It is also important not to miss submission deadlines for required documents such as certificates of good conduct or medical certificates.
What documents are legally required for admission to the legal profession?
For admission to the legal profession under the BRAO, extensive documentation must be submitted. These include the certificate of passing the second state examination, a tabular CV, a birth certificate, a certificate of good conduct for submission to authorities, proof of payment of admission and bar fees, and proof of sufficient professional liability insurance. Depending on the bar district, additional documents may be required, such as proof of professional indemnity insurance under § 51 BRAO. Foreign applicants may also need translations and recognition certificates.
What special legal aspects must be considered when entering the judiciary?
When starting a position in the judiciary, the civil service requirements of the respective federal states must be observed. Appointment as a judge on probation is made after assessment of the personal, professional, and health qualifications by the competent judicial authority. In addition to the major state examination (qualification for judicial office pursuant to § 5 DRiG), an extended certificate of good conduct is regularly required. There must be no grounds for exclusion under the Judiciary Act or the Civil Servant Status Act, for example serious criminal offenses or doubts about loyalty to the constitution. Selection procedures are often multi-stage, including interviews or assessment centers, and the decision must comply with the principle of best-suited applicant under Art. 33 para. 2 GG.
What is the legal situation with self-employment after the second state examination?
Immediate entry into self-employment, for example by founding one’s own law firm, is generally permitted if admission to the legal profession has been granted under § 4 BRAO. One must comply with statutory requirements, in particular in respect of professional liability insurance, appropriate offices (§ 27 BRAO), compliance with the professional code (BORA), and reporting obligations to bar associations and insurance schemes. For tax purposes, a tax number must be obtained from the tax office, and, depending on income, VAT may also be payable. Profession-specific attention must be paid to compliance with confidentiality, advertising, and client acceptance and handling.
What legal options are available if admission is refused by the bar association or judicial authority?
If admission to the bar or entry into public judicial service is denied, the individual concerned generally has recourse to administrative law remedies. The decision may be challenged in an objection procedure (where applicable) or a formal remonstration. If the objection is unsuccessful, the next step is an action for annulment before the administrative court. The relevant deadlines must be adhered to; these are determined by state administrative procedure laws or the Administrative Court Procedure Code (VwGO). Here, the specific reasoning for the refusal is important, as it must be reviewable and understandable. If procedural rights have been violated, there may be a right to a new decision or immediate admission.