Definition of terms: Station in a mid-sized law firm
The term station in a mid-sized law firm refers to various temporally and substantively distinct phases or placements where legal staff, particularly legal trainees, operate during their training or onboarding. The station is a key component of both the practical training in the legal traineeship (‘Referendariat’) and the personnel structure of medium-sized law firms, which tend to be characterized by a certain degree of specialization, a variety of clients, and team structure.
Legal framework and classification
The legal conditions for working in a station are primarily regulated in the German Judiciary Act (DRiG) and the training regulations of the federal states. In the context of mid-sized law firms, however, there are special characteristics regarding integration, scope of duties, and areas of responsibility compared to larger partnerships or small individual practices.
Station during the legal traineeship
Within the context of the legal traineeship, the term station refers to one of the training periods required under Sec. 5(2) DRiG. The structure of a mid-sized law firm offers trainees the opportunity to acquire practical skills under real-world law firm conditions during different stations—particularly the legal internship station and, where applicable, the elective station.
Station as an organizational unit
Beyond the traineeship, station also refers to internal organizational phases, such as onboarding periods for new staff, job shadowing, or project-based work in specific cases or areas of law.
Importance of the station in the mid-sized law firm
Training aspects
The station in a mid-sized law firm, unlike in large law firms, generally offers a comprehensive insight into various areas of work. This includes:
- Handling client inquiries
- Drafting of legal briefs and contracts
- Participation in meetings and court hearings
- Independent file processing, observing the duty of confidentiality under Sec. 43a BRAO
In the mid-sized sector, trainees particularly benefit from personal supervision, close integration into daily working life, and the chance to get practical exposure to various subjects.
Legal obligations of the law firm
The mid-sized law firm, as a training institution, is required under the applicable regulations to ensure structured and qualified supervision during the station. This includes in particular:
- Pre-selection of suitable training supervisors (mentors)
- Ensuring compliance with data protection requirements according to the General Data Protection Regulation (GDPR)
- Provision of appropriate work equipment and resources
- Ensuring instruction in professional legal duties
Areas of responsibility during the station
The distribution of tasks during a station depends on the qualifications of the employee and the assigned area of law. Typical activities include:
- Research and analysis of current legal issues
- Drafting briefs and legal opinions
- Supporting deadline monitoring (Sec. 43 BRAO, Sec. 53 BRAO)
- Participation in client meetings under supervision
- Preparation of court appointments
These duties are stipulated by professional law and internal firm organization.
Station and professional law
Professional statutory requirements
Work performed during a station is subject to legal professional regulations. These include:
- Obligation of confidentiality (Sec. 43a(2) BRAO)
- Observance of the prohibition on representing conflicting interests (Sec. 43a(4) BRAO)
- Compliance with duties of care in handling files and documents
The mid-sized law firm must ensure that trainees and staff receive appropriate training and instructions during the station to comply with these obligations.
Employment law aspects
If a station is designed as part of an employment relationship (for example, as a research assistant), standard employment law regulations, especially regarding working hours, remuneration, leave, and social insurance, must be observed. In the case of trainees, state regulations govern the details concerning their status within the regulated training relationship.
Station and data protection
The role during the station involves handling personal data of clients. Therefore, special requirements regarding compliance with the General Data Protection Regulation (GDPR) apply to the station:
- Confidentiality agreement on data secrecy
- Limitation of data access to what is necessary
- Awareness training for handling particularly sensitive data
Mid-sized law firms must take suitable technical and organizational measures to ensure confidentiality during the station.
Importance of the station for recruiting staff
In the mid-sized sector, the station is often used as an instrument for recruiting new professionals and fostering staff retention. Successful completion of a station can serve as a springboard into permanent employment. Transparent structuring of the station and feedback routines enhance the attractiveness of the position.
Summary
Die Station in a mid-sized law firm is an essential component of legal education and personnel structure. It is comprehensively regulated and covers training, professional, and data protection aspects, as well as specific employment law considerations. Through close integration and extensive practical work, the station offers advantages for both trainees and the law firm. Careful structuring of the station makes an important contribution to the quality of the law firm and the nurturing of new legal talent in the mid-sized sector.
Frequently Asked Questions
What legal requirements must be met to complete the attorney station in a mid-sized law firm?
To begin the attorney station in a mid-sized law firm as part of the legal preparatory service (‘Referendariat’), the trainee must have successfully passed the First State Exam in Law and subsequently received an assignment to the legal preparatory service by the respective state judicial administration. Selecting a mid-sized law firm as a training institution requires that the firm possesses an accredited training authorization, meaning that at least one fully qualified lawyer in the firm must be authorized to act as a trainer. This authorization is usually checked by the relevant bar association or the competent higher regional court. Furthermore, the training objectives of the station must be ensured, especially the practical induction of the trainee into the work of a Rechtsanwalt in accordance with Sec. 53(1) DRiG (German Judiciary Act). The specific selection of the station often also requires the station provider’s (law firm) consent, with trainees either making contact themselves or indicating their preferred placement as part of the training plan at the regional court.
What activities may trainees legally carry out during their station in a mid-sized law firm?
During their attorney station, trainees may perform a variety of legal tasks. These range from independently handling cases (subject to review by the trainer), drafting legal opinions, briefs and contracts, to participating in client meetings, court dates, or out-of-court negotiations. According to Sec. 139 BRAO (Federal Lawyers’ Act), however, they are prohibited from providing legal services independently and in their own name or claiming fees for such activity. Responsibility for the reviewed work always remains with the supervising Rechtsanwalt, who must approve all documents prepared by the trainee before they are sent to court or the client. Trainees are permitted to represent clients in court only in the presence or on behalf of the trainer.
What legal limitations apply regarding confidentiality and data protection for trainees in a mid-sized law firm?
Trainees are subject to the legal duty of confidentiality under Sec. 43a(2) BRAO and to data protection provisions just like any Rechtsanwalt. They must keep all case and business secrets strictly confidential and may not disclose any information to third parties. Breaches of these duties may have disciplinary and criminal consequences under Sec. 203 of the German Criminal Code. Trainees must also actively ensure compliance with the requirements of the General Data Protection Regulation (GDPR), for example, in handling sensitive personal data or processing electronic case files.
What regulations apply to the remuneration of trainees in a mid-sized law firm?
Remuneration of trainees in a mid-sized law firm is not legally mandatory and is based on voluntary agreements between the firm and the trainee. There is no statutory entitlement to remuneration during the attorney station. Many mid-sized law firms, however, do offer a monthly allowance, which can vary widely in amount. Remuneration may only be paid if it does not conflict with public service law regulations, especially if the trainee is already receiving payments from the state and any offsetting requirements under Sec. 49(2) BeamtVG must be observed.
What legal options are there to extend or shorten the attorney station?
According to the training regulations of the respective federal states, the duration of the attorney station is generally fixed (usually nine months). Shortening is practically excluded since the training plan for the second state exam is mandatory. An extension of the station is only possible in exceptional cases, such as prolonged illness, parental leave, or special hardship. The necessary legal applications for this must be submitted in due time to the responsible training authority and must be appropriately substantiated.
What liability issues can arise in connection with trainees’ work in a mid-sized law firm?
For mistakes made by a trainee during their work, the supervising Rechtsanwalt is generally liable, as all of the trainee’s work must be carried out under their supervision and responsibility. Should damage occur nonetheless, the firm must ensure that adequate professional liability insurance is in place which also covers the work of trainees. Trainees themselves are only personally liable in cases of gross negligence or intent, and generally only subsidiarily.
What statutory continuing education requirements apply to trainees during their attorney station?
During the attorney station, trainees are not subject to the typical continuing education and training requirements that licensed lawyers must meet pursuant to Sec. 43c BRAO. However, it is the trainer’s responsibility to introduce the trainees to legal practice and to impart relevant skills and knowledge. In some federal states, mandatory study groups and written exams are part of the training, in which trainees must participate. Additional training can be undertaken voluntarily to deepen practical knowledge.