Definition and explanation of terms: Repetitorium (Legal Clerkship)
Das Repetitorium (Legal Clerkship) refers in Germany to a learning event designed to prepare candidates for the Second State Examination in law. This is a structured and systematic preparation for the exam, which prospective fully qualified lawyers (legal trainees/Referendare) use as a supplement to state-organized legal training during their clerkship. Unlike general repetition courses, Repetitorien in the clerkship differ from university courses as they are primarily organized and conducted by private providers outside the regular training program.
The term derives from the Latin ‘repetere’ (to repeat) and, in the context of the legal traineeship, describes a multi-month course dedicated to the repetition and deepening of exam-relevant material and targeted preparation for the Second State Examination (Assessor Examination). The practical practice of exam tasks and techniques for writing legal opinions is of particular importance, in addition to teaching legal knowledge.
Legal background of the Repetitorium in the clerkship
Legal framework conditions
The second state examination, as the final exam of the legal traineeship, is governed by the relevant state judicial examination regulations (e.g., JAG, JAPrO). These prescribe a traineeship consisting of mandatory placements and study groups. Participation in Repetitorien is not legally required; they are offered as a voluntary supplement.
Legally, state and private Repetitorien must be distinguished: while study groups are a mandatory part of legal training and are organized by the judiciary or universities as part of their official capacity, Repetitorien are private or university-run additional courses without legal obligation or official recognition towards the traineeship.
Admission requirements and access rules
To participate in a Repetitorium, one usually needs to be enrolled or registered in the legal traineeship of a federal state. However, there is no formal admission requirement for private or university Repetitorien unless imposed by the organizer. State training, especially study groups, remains unaffected by this.
Relationship to state training content
The Repetitorium (Legal Clerkship) is attended in addition to the mandatory study groups, training placements, and self-study. A special focus is on teaching methodological skills for writing exam essays. There is no legally binding priority or exclusion of Repetitorien by state training content, although the legislator must ensure that sufficient mandatory training is provided by state-run programs.
Forms and content of Repetitorien during the clerkship
Forms of the Repetitorium
Repetitorien are offered in the following forms:
- In-person courses: Continuous series of events with regular dates and in-person instruction.
- Online Repetitorien: Digital learning platforms and livestreams providing location-independent access to educational content.
- Crash courses/intensive courses: Short-term, highly condensed training offers for immediate exam preparation.
- Home study programs: Learning letters, scripts, and self-study concepts completed independently of classroom teaching.
Main content areas
Course content is based on the examination syllabus of the respective state judicial examination offices and primarily includes:
- Revision of substantive and procedural law (BGB, StPO, ZPO, GG, VwGO etc.)
- Deepening of procedural knowledge (particularly in civil, criminal, and public law)
- Essay-writing techniques and expert opinion style
- Analysis and discussion of original examination essays
- Mediation and file presentation
In some cases, additional offerings such as individual coaching, file presentation training, or specific focus courses are provided.
Legal evaluation of the Repetitorium in the clerkship
Admissibility and equal treatment
Since Repetitorien are not part of the traineeship examinations and do not lead to disadvantage or preferential treatment as long as participation is voluntary, there are no legal objections to offering or using them. Disadvantage to public law state exam candidates is generally not observed, as the offer is not selectively restricted.
Data protection and confidentiality obligations
When using Repetitorien, especially if original exam papers or personal data are used, data protection provisions must be observed. Repetitorien are required to comply with the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), particularly when using real exam cases or participants’ personal data.
Competition law and advertising law
Private Repetitorien are subject to fair trading law (UWG) and may not engage in misleading advertising regarding success rates or exam relevance. Statements regarding success must be substantiated to avoid misleading business practices.
Contract law aspects
The conclusion of a contract for participation in a private Repetitorium is subject to the general provisions of the German Civil Code (BGB). In particular, the provisions concerning service and work contracts apply. The contract conditions, cancellation rights, and notice periods are detailed in the provider’s terms and conditions and are subject to judicial review for content.
Significance and current developments
Development in the education and training market
In view of the increased demands and complexity of the second state examination, the Repetitorium in the clerkship has grown in importance over the years. The offerings are diverse, available nationwide, and are increasingly being digitalized. Universities and colleges also offer supplementary programs in cooperation with state examination offices, resulting in increasing institutionalized support.
Legal policy discussions
There is ongoing discussion as to what extent commercial Repetitorien promote or impair equal opportunities in examination law, since not all legal trainees have equal access to paid supplementary offers. The legislator is required to continuously review the adequacy of state training and to adapt the offerings if necessary.
Conclusion
The Repetitorium (Legal Clerkship) is not legally mandatory, but is an important part of legal education in Germany for targeted preparation for the second state law examination. While state-organized training forms the foundation for passing the exam, Repetitorien offer specialized deepening and a structured learning framework for repeating, consolidating, and applying the training material. Legally, they are subject in particular to data protection, competition, and contract law, and supplement state-regulated training without replacing it.
Frequently asked questions
Can Repetitorien be officially recognized as part of the training during the legal clerkship?
Repetitorien – that is, extracurricular, privately organized preparation courses for the second state examination – are generally not recognized in law as an official part of state training in the clerkship. They serve as supplementary exam preparation and are not recognized as training components by the state judicial examination offices or the training authorities. The relevant Legal Education Acts (JAG) and associated examination regulations of the federal states only make completion of the traineeship and the gaining of practical experience in various placements mandatory. Participation in a commercial Repetitorium remains private and voluntary; costs and time invested are generally not reimbursed by or counted toward the term of service at any authority. However, independent use of learning opportunities – including Repetitorien – is permitted provided that official obligations and training content are not impaired. Special cases such as in-school study groups – often referred to as public-law Repetitorien – on the other hand, are part of state training and must be distinguished from private-sector offerings.
Are there legal restrictions on attending private Repetitorien during working hours?
Basically, during the legal traineeship, there is a duty to serve the relevant state employer. Participation in private Repetitorien during regular working hours is legally only permitted in exceptional cases. According to the relevant training regulations and administrative provisions of the Legal Education Act, the legal trainee is obliged to attend training placements and focus on practical tasks during scheduled working hours. Leave for the purpose of attending a private Repetitorium is generally excluded. Exceptions, such as flexible scheduling during the elective placement or with explicit approval by the training supervisor, require an individual decision on a case-by-case basis, with official needs always taking precedence. Any unauthorized absence from official duties in favor of Repetitorien sessions may result in disciplinary consequences.
Can costs for Repetitorien be claimed for tax purposes?
Expenses for privately used Repetitorien during the clerkship can be claimed as income-related expenses in the annual tax return under certain circumstances. Under current tax law (§ 9 EStG), expenses for job-related retraining or further education measures are deductible as income-related expenses if there is sufficient professional relevance. Since the legal clerkship is generally classified as vocational training, tax offices generally accept the deduction of course fees, travel expenses, and learning materials incurred for Repetitorien as income-related expenses. However, this requires the classification of the clerkship as second (postgraduate) training. In the case of initial – as opposed to second – training (e.g., the first law degree without prior professional qualification), the expenses may only be classified as special expenses (§ 10 EStG), which can result in lower tax relief. Careful collection and individual itemization of incurred costs is required by the tax authorities.
Is there an obligation to disclose participation in Repetitorien to the training institution?
In a legal context, there is no general obligation to notify the training institution or employer about participation in private Repetitorien, as long as official duties are fully met and no scheduled working hours are missed. Only if leave, schedule changes, or other organizational adjustments are requested in favor of attendance at an external Repetitorium, must this naturally be disclosed and approved. Otherwise, it is up to the legal trainee to decide whether and to what extent they use extracurricular further education opportunities. It may be different for mandatory study groups organized by state judicial examination offices, attendance of which is scheduled officially and whose absence must be legitimately excused – e.g., by providing a doctor’s certificate. In this context, participation in a private Repetitorium is not recognized; however, lack of disclosure does not constitute a breach of duty.
Are there liability consequences for incorrect teaching by a Repetitorium?
The legal relationship between trainee and private Repetitorium is based on a civil law service or work contract. In the event of incorrect teaching, a liability claim generally only exists in the case of gross negligence, deception, misrepresentation of services, or a clear breach of contract by the Repetitorium. Most Repetitorien exclude liability for learning outcomes or exam success in their general terms and conditions. In the event of proven faulty advice or serious content defects, civil law warranty and compensation claims could be asserted; however, such proceedings are rare and require clear proof of (financial) damage. Since responsibility for individual exam preparation ultimately lies with the trainee, there is no public law liability of the employer or training authority for knowledge gaps caused by a Repetitorium.
May teaching materials from the Repetitorium be used or copied for official work purposes?
The use of teaching materials from private Repetitorien is subject to copyright law (§§ 15 et seq. UrhG). Use for purely private study purposes is permitted. Forwarding, duplication, or official use of scripts, case studies, or lecture notes is allowed only within the contractually granted user rights and statutory exceptions. For official use, e.g., in formal training work or distribution to other trainees, the explicit consent of the rights holder is required. Unauthorized copying or publication – including on social networks or learning platforms – may result in civil law consequences. In study groups as part of the clerkship, materials from Repetitorien may only be used if a corresponding license exists or the material is in the public domain.
Are grades from Repetitorien or their interim assessments taken into account for the state assessment in the clerkship?
Grades, passing certificates, or evaluations achieved as part of a private Repetitorium have no legal relevance for the evaluation or final exam in the legal traineeship. The benchmarks for state examination assessment are exclusively the performances completed as part of the first and second state examinations, which are monitored and evaluated by the state examination offices and commissions. Grades from Repetitorien therefore have no impact on admission, evaluation, or the recognition of further achievements in the clerkship. They serve only for self-assessment and learning control. Only officially recognized training achievements, such as essays in mandatory study groups or internship reports, are recorded in the official files; achievements in private Repetitorien have no legal effect.