Legal secondary employment
Definition and Meaning
The term ‘legal secondary employment’ generally refers to an activity with a legal focus that is carried out in addition to a primary occupation or during training. In the context of studying law or during the legal clerkship, these activities are usually side jobs or hourly positions that provide practical insights into the working environment of law firms, companies, or institutions. The goal is to apply theoretical knowledge from one’s studies and gain initial professional experience.
Classification in the application process
Relevance for starting a career
Details about a legal secondary activity are often requested in the application process. They serve as an indicator of practical experience and the applicant’s commitment. While formal qualifications such as studies and exams form the basis, carefully chosen secondary employments enhance application documents and provide insight into work style, sense of responsibility, and skills already acquired.
Role when applying for a position in a law firm
When applying for a position in a law firm, previous activities with legal relevance are often inquired about. Information on relevant side jobs demonstrates practical preparation for the requirements of daily working life. This information can be decisive as to whether a candidate is invited for an interview, as it often facilitates onboarding and proves the ability to apply theoretical knowledge.
Requirements and expectations from the employer’s perspective
Content-related and formal expectations
For a legal secondary activity, employers consider it important that the activity clearly demonstrates how it contributed to the development of professional and methodological skills. Criteria commonly assessed include, for example:
- Reference to legal issues
- Level of responsibility within the activity
- Scope of independently managed tasks
- Duration and continuity of employment
- Participation in cases, research, or drafting briefs
In addition, emphasis is usually placed on a transparent and honest presentation of the secondary activity in the CV and, if applicable, in the letter of motivation.
Soft skills and personal competences
Side jobs with a legal focus are also evaluated for social and personal skills. These include, for example, teamwork, initiative, organizational skills, and the willingness to take on responsibility.
Typical misunderstandings or misinterpretations
Distinction from other fields of activity
A common misunderstanding is to consider every activity with a legal employer as legal secondary employment. Not every student assistant role or administrative position in a law firm is automatically classified as a legal secondary activity, particularly if it did not involve substantive legal issues.
Overestimating the significance
Sometimes the significance of side jobs in the application process is overestimated. They are an important addition but do not replace comprehensive academic training and good academic results. It should also be noted that a large number of short-term or highly changeable side jobs is not necessarily perceived positively.
Practical tips for applicants
- Transparency in the CV: Describe the field of activity as clearly and succinctly as possible (for example, ‘Assisted with research on civil law judgments’ rather than just ‘Practical experience in a law firm’).
- Highlight relevance: Emphasize how the secondary employment provides added value for the desired position.
- Emphasize continuity: Longer periods of employment or tasks with greater responsibility often have a positive impact on the evaluation of your application.
- Maintain honesty: Be precise in your description; exaggerated statements or unclear information can be disadvantageous during the interview.
- Preparation for follow-up questions: Be prepared to elaborate on your secondary employment during the interview and to provide examples of your work if necessary.
Frequently Asked Questions (FAQ)
What counts as legal secondary employment?
Legal side activities are those where legal issues are the main focus. These include tasks such as assisting with briefs, researching legally relevant facts, or supporting casework. Activities of a purely administrative nature without a legal connection are not covered.
Is legal secondary employment a prerequisite for applying to a law firm?
It is not a mandatory requirement, but it improves your chances, especially with ambitious law firms. Practical experience is usually valued highly.
Does every secondary activity in a legal environment have to be stated?
It is advisable to include in the CV or cover letter those activities that have a clear connection to the skills required for the desired position.
Can research assistance roles at a university or as part of a research project also count as legal secondary activities?
Yes, provided the activity had legal content, such as supporting research, teaching, or publications in the legal field.
How detailed should legal secondary activities be described in the CV?
A precise but brief description of the main tasks is sufficient. Special focuses can be addressed in the cover letter if necessary.
This article provides an overview of legal secondary employment and helps applicants to better understand the terminology and its meaning in the application process for law firms and related work areas.
Frequently Asked Questions
Must legal secondary employment be reported to the employer or approved by them?
The need to report legal secondary employment to the employer or to obtain their approval primarily depends on the employment or service contract as well as the relevant legal regulations. According to § 3 para. 4 TVöD and corresponding regulations in civil service law, prior written notification, and in some cases explicit approval, is generally required for secondary activities of employees and officials in the public sector. In private employment relationships, there is generally no overall obligation to report or obtain approval, as long as the side job does not represent a competitive activity, does not impair working hours or duties, and does not violate employment or collective agreements. In certain industries or where sensitive company interests are involved, the obligation may arise from contractual subsidiary duties (§ 241 para. 2 BGB). Failure to notify or unauthorized exercise of secondary employment may have employment law consequences, such as a warning or, in repeat cases, termination.
Are there any time or content restrictions for legal secondary employment?
With regard to the scope of legal secondary employment, the Working Hours Act (§ 3 ArbZG) stipulates that the maximum working time of 48 hours per week must not be exceeded for several (including legal) jobs. If secondary employment affects the main contractual obligations, for example through fatigue, loss of concentration, or overlapping deadlines, the employer can take measures. In terms of content, secondary employment must not violate legal, contractual, or professional regulations (e.g. § 45 BRAO, § 57 StBerG) or constitute direct competition with the employer. Certain activities involving a conflict of interest or sensitive data/information may be prohibited.
Under what conditions is legal secondary employment prohibited?
Legal secondary employment is generally prohibited if it violates the ban on competitive activities (§ 60 HGB for senior employees, § 62 HGB for authorized representatives, § 112 GewO, general competition law), contractual prohibitions or restrictions, or collective bargaining agreements. The Law on the Regulation of the Legal Status of Civil Servants in the Federal States (BeamtStG §§ 40 et seq.) or state laws also set strict limits for secondary activities of public sector lawyers. Activities that violate criminal laws, professional regulations, or ethical standards, or that jeopardize the integrity of the main employment relationship, are also prohibited.
Are income from legal secondary employment treated differently for tax purposes?
Income from legal secondary employment is considered for tax purposes as income from self-employed work (§ 18 EStG) or – in the case of an additional employment relationship – as income from non-self-employed work (§ 19 EStG). Such income is generally taxable and must be declared in the income tax return. If business expenses are incurred, such as work equipment, training costs, or travel expenses, these can be recognized as income-related expenses or business expenses, provided they are clearly attributable to the side job. Special tax allowances may apply, such as the instructor exemption (§ 3 no. 26 EStG) for certain activities, but these are often not relevant for classic legal side jobs. Tax obligations also apply in the case of any VAT liability due to entrepreneurial activity.
Does a special confidentiality obligation apply to lawyers with secondary employment?
Lawyers are subject to strict professional confidentiality obligations, e.g. under § 43a para. 2 BRAO for Rechtsanwalt or § 203 StGB for those subject to professional secrecy. This also applies to secondary employment. Breach of confidentiality can have both professional and criminal consequences. In the relationship between main and secondary employment, it must also be ensured that no company or trade secrets of the main employer are unlawfully used (§ 17 UWG). Performing two legal jobs can lead to conflicts of interest, for example, if mandates or party positions are affected, which requires special consideration.
Is a separate liability insurance required for legal secondary employment?
If freelance or self-employed legal advice is provided as part of the legal secondary employment, an independent professional liability insurance is mandatory depending on the profession (see § 51 BRAO for Rechtsanwalt). For salaried side jobs, liability generally lies with the employer, unless there is gross negligence or intentional breach of duties. Many professional bodies (e.g. Bar Associations) require proof of sufficient coverage. There is no obligation in purely academic or journalistic side activities, but insurance is recommended if professional risks exist.
What are the employment law consequences of unauthorized legal secondary employment?
Undertaking legal secondary employment without the required notification or approval, or in violation of an explicit contractual or official prohibition, may result in a warning and – especially in the case of repeated or serious breaches of duty – ordinary or extraordinary termination of the primary employment relationship. Furthermore, damages claims may arise if the employer suffers concrete harm from the unauthorized side job (e.g., breach of contract, competition violation). Civil servants and public employees risk disciplinary measures. In addition, professional disciplinary proceedings may be initiated if professional duties are violated.