Recommended literature for the legal clerkship
Introduction and Definition
Recommended literature for the legal clerkship refers to targeted recommendations for printed or digital specialist literature with the aim of enabling legal trainees to acquire knowledge and skills appropriately and efficiently as part of their preparatory legal service. The term encompasses various works tailored to the specific requirements and examinations of the clerkship. The focus is on practical presentation of legal content that is relevant in the different training periods as well as in the final exams.
Legal background of the clerkship
Legal foundations
The legal clerkship is regulated by the respective State Laws on Legal Education (JAG) and accompanying ordinances of the federal states. After successful completion of the first legal examination (formerly: first state exam), it constitutes the second part of legal training and serves as a prerequisite for the second legal examination (formerly: second state exam), thus playing a central role.
During the clerkship, graduates are required to complete various stages (civil law, criminal law, administrative law, law firm stage, elective stage) and to participate regularly in study groups as well as in independent preparation for the exams (written exams, file presentation, oral examination). The selection and use of suitable literature is crucial to successfully mastering the various legal and methodological challenges.
Importance of literature for the legal clerkship
Due to the close interconnection of theory and practice in the clerkship, the selection of suitable literature is of considerable importance. Recommended literature includes not only textbooks and scripts but also case collections, exam and model solutions, statutes, commentaries, and digital learning materials related to current law and jurisprudence.
Overview of literature categories in the clerkship
Textbooks and scripts
Textbooks offer comprehensive explanations of the fundamentals and structures of individual areas of law, while scripts provide targeted and condensed presentations of exam-relevant content. Recommendations for specific works depend on the focus of each clerkship stage.
Case collections and practice literature
Case collections are used to apply and deepen exam-relevant knowledge. They are particularly important for exam preparation, as they train the handling of procedural and substantive issues.
Commentary literature
For the detailed handling of practical cases, the use of commentaries is largely indispensable. Recommendations usually focus on short commentaries that facilitate quick reference and the handling of typical problems.
Statutes and working materials
Current editions of statutes, including supplementary provisions and up-to-date case law, are essential working tools for the clerkship. Recommendations often include loose-leaf works or digital secondary editions that are continuously updated.
Digital offerings
Online databases, e-books, and interactive learning platforms are gaining increasing relevance. They support flexible and up-to-date knowledge transfer and provide additional materials such as practice exams, videos, or podcasts.
Legal requirements and guidelines for dealing with literature
Admissibility and use of aids
The selection and use of literature in the clerkship are subject to certain legal regulations. In particular for exams (written exams, file presentations), examination regulations determine which aids are permitted. As a rule, uncommented statutes are allowed, while additional collections, annotations, or commentaries are usually excluded. Therefore, recommended literature must also be checked for its usability in the exam context.
Copyright aspects
Copyright plays a significant role in connection with recommended literature—especially when making copies, scans, or digital recordings from specialist literature. Under § 60a of the Copyright Act (UrhG), certain uses for educational purposes are permitted; nevertheless, compliance with legal requirements must always be ensured.
Topicality and legal situation
Particular attention must be paid to the currency of recommended works. Laws, case law, and exam requirements may be subject to short-term changes, which is why literature recommendations should always be regularly reviewed and updated.
Relevance of recommended literature in the public sector
The function of legal trainees is classified as public service. Recommendations regarding literature also refer to the fact that the acquisition and use of expertise must be done in accordance with civil servant duties and the duty of confidentiality. Especially during the practical phase, confidential handling of files and legal materials is mandatory.
Compilation and dissemination of literature recommendations
Recommended literature is compiled and disseminated by judicial examination offices, trainers, universities, as well as publishers and organizations. The recommendations are generally based on many years of experience and are aligned with current exam requirements and the specific orientation of each phase.
Conclusion
Recommended literature for the legal clerkship encompasses a variety of works and media that are suggested for the specific needs during the legal preparatory service. The careful selection and legally compliant use of the relevant literature constitute a central component of successful legal training. Taking into account legal requirements, especially regarding examination regulations, copyright law, and topicality, is essential for use in the clerkship.
Anyone wishing to comprehensively prepare for the requirements of the clerkship should continuously review the recommended literature and adjust it to the applicable legal situation and exam requirements.
Frequently asked questions
Which basic commentaries and statutes are needed for the legal clerkship?
In the legal clerkship, up-to-date statutes and relevant commentaries form the foundation for successful exam preparation and practical training. First, obtaining a current statute collection (e.g. “Schönfelder: Deutsche Gesetze”) is indispensable, as it offers a consolidated and exam-relevant compilation of the most important statutes, including the Basic Law, the Civil Code (BGB), the Commercial Code (HGB), the Code of Civil Procedure (ZPO), the Code of Criminal Procedure (StPO), the Courts Constitution Act (GVG), and other central laws. Additionally, for civil law, the Palandt (BGB commentary) is recommended; for criminal law, often the Fischer (StGB commentary); and for public law, for example, Degenhart or Jarass/Pieroth (GG commentaries). For day-to-day practice, especially during the different phases, short commentaries such as Thomas/Putzo (ZPO) or Meyer-Goßner/Schmitt (StPO) should be easily accessible. For administrative law, Kopp/Schenke (VwGO) and Kopp/Ramsauer (VwVfG) are often used. It is advisable to use current editions to take legal developments and changes into account, as these are often also examined. Almost all courts provide the most important commentaries in their libraries, so personal copies are usually necessary primarily for exam preparation or independent study.
Which literature is recommended for deepening knowledge in exam-relevant areas of law?
For targeted preparation for the second state exam, systematic study of the central areas of law is necessary. For civil law, in addition to commentaries, textbooks and case collections such as Brox/Walker (enforcement law), Musielak/Voit (civil procedure law), Medicus (general part of the BGB), Köhler/Bornkamm (unfair competition law), and the Münchener Kommentar (BGB) should be mentioned. For criminal law, further study can be done with Wessels/Beulke/Satzger (general part of criminal law), Küper (special part of criminal law), and with practical case collections like Krey/Kreft (criminal law cases). In public law, Pieroth/Schlink (basic rights), Schenke (police and regulatory law), as well as Maurer (general administrative law) have proven effective. Case collections are particularly helpful for practicing the expert opinion and contract drafting style, and for implementing procedural peculiarities in practice. Literature on file handling methods, such as by Prütting/Gehrlein (civil procedure) or Heinrich (file handling in criminal law), also helps to meet specific exam requirements.
Which study aids and scripts are especially suitable for preparing for file presentations and written exams?
For exam preparation and file processing, so-called trainee guides or scripts are particularly recommended, focusing on typical exam problems and structural schemes. Notable works in this area include the Hemmer/Wüst scripts, Alpmann Schmidt Repetitorien (AS scripts), the Kaiser script series, and JURIQ or JA study cards. In addition, materials such as the JuS study and exam book for civil law, the ‘Klausurenkurs im Strafrecht’ (Wolf/König), and, for public law, the case collections by Groh/Herresthal or Blümel/Willems provide valuable practice relevance, illustrative solutions, and a sound argumentative structure. Especially recommended are model solutions from previous years as well as annotated exam collections for targeted practice of typical exam requirements.
How do literature recommendations differ between the various stages of the clerkship?
The requirements and thus the recommended literature vary depending on the stage of the clerkship. In the civil law stage, the focus is on the Code of Civil Procedure and forensic practice—here, scripts and commentaries such as Thomas/Putzo (ZPO), Musielak/Voit, as well as practical guides by Prütting/Gehrlein, are particularly relevant. In the criminal law stage, the Code of Criminal Procedure is central; Meyer-Goßner/Schmitt and works like Beulke (criminal procedure law) are recommended here. The administrative law stage focuses on public law, notably on the VwGO, where Kopp/Schenke is standard. In the law firm stage, practice-oriented works—such as handbooks tailored specifically to lawyer’s pleadings—gain importance. It is advisable to adapt literature early to the upcoming stage, as the requirements differ significantly between judicial and law firm work and in public law.
Which digital resources and databases are recommended for the legal clerkship?
With the ongoing digitization, numerous legal databases and electronic resources offer practical and efficient support for the clerkship. Particularly recommended are beck-online, juris, and the legal research platforms of state justice administrations, since current case law, statutes, and commentaries are digitally accessible there. Many universities and courts have corresponding access, which can be used free of charge. Other useful online offerings include current case law databases, law blogs, or law firm guides that take exam relevance into account and help target practical content and current developments. E-learning services such as Examio, Lecturio, or eJura also offer online courses and podcasts, which are specifically tailored to the second state exam and teach factual issues, file processing, and exam techniques.
How can literature be used to specifically prepare for the file presentation?
For the file presentation in the legal clerkship, preparation using special handouts that cover structure, content, and typical pitfalls is recommended. Works such as Stein/Jaspersen “Aktenvortrag im 2. Staatsexamen,” Gebhardt “Aktenvortrag Zivilrecht,” and the “JuS Skript Aktenvortrag” provide a structured introduction, numerous concrete practice cases, and proven structuring and phrasing aids. In addition, commentaries on the relevant field—particularly those addressing typical problem areas and current decisions—are a valuable supplement. Practice-oriented exam books, annotated model solutions, and audio recordings of file presentations, as offered by online portals or exam seminars, are also helpful for practicing rhetoric, time management, and argumentation. Specific training and simulation of the file presentation with fellow students or in revision groups round off the preparation.