Definition and legal status of the Rechtsreferendar
Der Rechtsreferendar is, in the Federal Republic of Germany, a person who, after passing the First State Examination, completes the so-called legal traineeship (Rechtsreferendariat). The legal traineeship serves as practical preparatory service for the Second State Examination and is mandatory for acquiring qualification for judicial office pursuant to § 5 paragraph 1 of the German Judiciary Act (DRiG). Legal trainees (male and female) are in a public-law training relationship with the respective federal state.
Legal Foundations
The legal structure of the legal traineeship is primarily anchored in the German Judiciary Act (DRiG). In addition, state-specific training and examination regulations apply, such as the legal training and examination regulations of the various federal states.
German Judiciary Act (DRiG)
According to §§ 5 ff. DRiG, the preparatory service must be completed after successfully finishing the study of law (First State Examination). The DRiG establishes the basic structure of the traineeship and essential requirements for admission to the preparatory service.
Legal Training Acts of the Federal States
Implementation and organization are the responsibility of the states. Each federal state has specific regulations, especially regarding the duration, structure, and course of the preparatory service, taking into account the specifications of the DRiG.
Legal status of legal trainees
Legal trainees are in a special public-law training relationship (“preparatory service relationship”) with the respective state. They are neither full lawyers or prosecutors, nor are they classic public service employees in the traditional sense.
As a rule, legal trainees are classified as candidates for higher service and hold a status similar to probationary civil servants (§ 17 I DRiG in conjunction with state law).
Course and content of the legal traineeship
The legal traineeship is primarily designed as a practice-oriented training phase. It combines practical experience in various stations with accompanying training and study groups.
Duration of the legal traineeship
The regular duration is 24 months (two years). Minor deviations are possible in some federal states.
Structure – Training Stations
The preparatory service is typically divided into the following stations (duration and order may vary depending on the state):
- Civil Law Station: Internship at a District or Regional Court, primarily with a civil chamber.
- Criminal Law Station: Training at a public prosecutor’s office or a criminal court.
- Administrative Station: Assignment to a general or special administrative authority.
- Lawyer’s Station: Participation in a law firm.
- Elective Station: Independent specialization in a freely chosen area (e.g., company, authority, court abroad).
Additionally, the stations are accompanied by study groups . These serve in-depth training, exchange of experience, and preparation for the Second State Examination.
Development of practical skills
During the preparatory service, trainees are expected to acquire in particular the following skills:
- Preparation of expert reports and decision templates
- Drafting of judgments, orders, and rulings
- Preparation of written pleadings
- Conducting of evidence sessions
- Participation in hearings, meetings, and deliberations
Rights and obligations of legal trainees
Duties
Legal trainees are subject to extensive obligations imposed by their training relationship:
- Participation in prescribed training stations and study groups
- Keeping a training diary to document progress (in accordance with the requirements of the respective federal state)
- Obligation of confidentiality in accordance with § 37 Civil Servant Status Act (BeamtStG) and relevant state laws
- Conscientious fulfillment of assigned tasks and compliance with official instructions
- Involvement in practical tasks, e.g., courtroom duty in the public prosecutor’s office or draft judgments for judges
Rights
Legal trainees enjoy a variety of rights and benefits:
- Entitlement to proper training and supervision by instructors
- Protection under the service law of the respective state
- Payment of maintenance allowance (comparable to a salary, but lower and without pension entitlements)
- Special leave options according to the provisions of state law
- Participation rights, e.g., in elections to the staff council for trainees
Second State Examination in Law
The training concludes with the Second State Examination in Law. This typically consists of written and oral examinations (written exams, case oral presentation, oral exam), in which the knowledge and practical skills acquired during the traineeship are assessed.
Significance of the Second State Examination
The Second State Examination is a prerequisite for being admitted to traditional roles in the judiciary, administration, legal consultancy, and notarial practice. Only upon passing this examination is the “qualification for judicial office” in accordance with § 5 DRiG obtained.
Conclusion of the traineeship
Reasons for termination
The legal traineeship ends with
- passing the Second State Examination,
- completion of the regular time frame (two years, with possible extension through resit, illness, etc.),
- or, in exceptional cases, through dismissal, for example in cases of serious breaches of duty or deception in examinations (§ 22 DRiG in conjunction with state law).
Remuneration and social security
Maintenance allowance
Legal trainees do not receive a classic salary, but a so-called maintenance allowance. The amount varies by federal state and is based on budgetary guidelines.
Social security law status
Since legal trainees in preparatory service are generally classified as probationary civil servants, they are not subject to statutory social insurance obligations. There is no obligation to pay contributions to statutory pension, unemployment, or health insurance. Private health insurance or voluntary membership in statutory health insurance is required.
Particularities and international placements
Many state regulations allow for completion of a station abroad during the elective placement. This enables trainees to gain practical experience at international institutions, embassies, foreign courts, or law firms.
Reforms and developments
The structure of the legal traineeship is continually adapted to social, European, and labor market developments. In recent years, legislative and administrative adjustments have focused particularly on digitalization, reconciling family and training, and examination systematics.
Literature and further sources
- German Judiciary Act (DRiG)
- Legal training acts and examination regulations of the federal states
- Legal texts on civil servant law and BeamtStG
- Federal and state ministries of justice – information portals for the legal traineeship
Note: The content of this article reflects the state of the law and practice as of June 2024. Due to state-specific regulations, it is recommended to additionally consult the currently valid training and examination regulations.
Frequently Asked Questions
What legal foundations govern the legal traineeship in Germany?
The legal traineeship in Germany is primarily governed by the German Judiciary Act (DRiG), in particular by §§ 5 ff. DRiG, which determine the requirements, course, and objectives of the legal preparatory service. The DRiG is supplemented by state regulations of the individual federal states, issued under the responsibility of the respective ministries of justice and set out in regulations for trainees or legal training acts (e.g., JAG NRW, JAG Bavaria). These rules specify the traineeship stations, examination procedures, remuneration arrangements, and rights and obligations of legal trainees. In addition, different administrative regulations, decrees, and guidance notes apply, particularly regarding allocation of stations, leave of absence, and disciplinary measures.
What obligations and rights do legal trainees have during the preparatory service according to the relevant laws?
Legal trainees are subject to special obligations during the preparatory service under § 36 DRiG and corresponding state provisions, including the obligation of confidentiality (§ 43 DRiG), duties of loyalty to the employer, and the prohibition to accept gifts (§ 331 StGB in conjunction with civil servant regulations). Furthermore, there is an attendance requirement for training events, and a comprehensive sense of duty for cooperation and independent knowledge acquisition. On the other hand, trainees are entitled to a monthly maintenance allowance, statutory accident insurance cover, and can apply for leave within training guidelines. They also have the right to fair training and supervision by qualified trainers, including the opportunity to have performance assessed and—if necessary—reviewed.
How is the legal traineeship classified under social security law?
The legal traineeship is not a social insurance–obligated employment but rather a public-law training relationship. Legal trainees receive maintenance allowance, granted under § 59 DRiG and the corresponding state-specific provisions. As a rule, trainees thus have no obligation to pay into statutory pension, health, nursing care, and unemployment insurance; instead, they must provide for their own health insurance themselves, often through voluntary private or statutory insurance. The contribution treatment depends in detail on individual factors, such as membership in family insurance or secondary employment. In addition, they are covered by accident insurance from the respective federal state.
What options exist for extending or shortening the traineeship within the legal framework?
The legal traineeship may only be extended or shortened for important reasons. Legal foundations for this can be found in the state trainee regulations or legal training acts. Reasons for extension include in particular illness, parental leave, maternity protection, family care, military or community service, and other comparable preventions. The extension is formally granted by administrative decision upon application and submission of appropriate evidence. In contrast, shortening is permitted only in exceptional cases, e.g., when part of the preparatory service has already been completed in another federal state or EU member state, or in cases of particular hardship.
What are the consequences of breaches of duty during the legal traineeship?
Breaches of duty by legal trainees are sanctioned according to civil service disciplinary principles, as set out in the state disciplinary laws, among others. Possible consequences range from written reprimands and warnings to expulsion from the preparatory service in particularly serious cases, such as persistent breaches of confidentiality, criminal conduct, or gross insubordination. In addition, a breach of duty may affect performance assessments and admission to the state examination, and the refund of maintenance allowance may be possible. Affected trainees have the right to a hearing and, where applicable, to lodge legal remedies against disciplinary measures.
Is secondary employment permissible during the traineeship?
Secondary employment generally requires approval pursuant to § 60 Civil Servant Status Act (BeamtStG), since legal trainees are largely treated the same as civil servants or comparable status groups during preparatory service. The responsible administrative offices of the respective training or higher regional courts must decide on the application for approval of secondary employment, taking into account potential conflicts of interest, the duty to fully concentrate on the preparatory service, and negative impacts on the time schedule. Unreported or unauthorized secondary employment constitutes a breach of duty and may result in disciplinary action. Permissible working hours are regularly limited to a fixed amount (e.g., 10 hours/week).
Is there a right to part-time or flexible arrangements during the traineeship?
The possibility to complete the legal traineeship part-time depends on the regulations of the federal states, which may refer in part to legal bases such as the Federal Equal Opportunities Act (BGleiG), the Maternity Protection Act (MuSchG), or the Part-Time and Fixed-Term Employment Act (TzBfG). Entitlement may exist in cases of parenting, care, or health impairment and must be applied for and individually approved. In the part-time variant, the traineeship is generally extended according to the proportion of reduction. Despite increased flexibility, all training content and examinations must be completed as in the full-time model; deviations and deadlines are determined by the concrete state regulations.