Referendar-AGs: Process and Benefits
Definition and Legal Classification
Referendar-AGs (working groups for legal trainees) are key components of practical training during the legal preparatory service (legal traineeship) in the Federal Republic of Germany. They serve to deepen, collegially and practically, the knowledge acquired during legal studies, and systematically introduce participants to legal and judicial practice. The foundation of the Referendar-AGs is the German Judiciary Act (DRiG) as well as the respective Legal Training Regulations of the federal states.
Objectives of the Referendar-AGs
The main goal of the Referendar-AGs is to consolidate and expand the theoretical knowledge of legal trainees through practice-oriented casework, role-play, and training stations. The Referendar-AGs also aim to prepare trainees for future independent work as judges or in other legal professions. They promote teamwork, collegial interaction, and offer the opportunity to jointly analyze legal issues and develop practical solutions.
Legal Foundations
The organization and design of the Referendar-AGs are primarily governed by the following legal provisions:
- German Judiciary Act (DRiG), in particular §§ 5 – 10 DRiG
- Legal training acts and ordinances of the states (e.g. JAG NRW, JAG Bavaria)
- Ordinances on the implementation of legal training (e.g. JAVO)
The states are largely autonomous in structuring the content and organization of working groups, but must comply with federal regulations. The implementation of the AGs is usually the responsibility of the Higher Regional Courts, which appoint qualified training supervisors for this purpose.
Process of the Referendar-AGs
Structure and Organization
Legal trainee training is divided into various stages (civil law, criminal law, administration, elective stage), each accompanied by its own working group course. Each stage has its own AG, led by an experienced instructor, typically a judge or prosecutor.
Duration and Group Size
- The AGs usually take place for the entire duration of a training stage (typically three to five months) once or twice per week.
- The group size varies between 10 and 25 participants per working group to allow for direct, active participation.
Typical Structure of an AG Session
- Preparation: The working group leader provides cases and tasks in advance, which the participants are to prepare.
- Presentation: During the session, participants discuss the prepared cases in the plenary or in small groups, often in the form of a case presentation or role play.
- Discussion: The working group discusses legal solutions and challenges under supervision.
- Deepening: The training leader supplements and explains legal details, gives practical tips and points out special features.
Examination Relevance
The content of the AGs is directly relevant for the Second State Examination (Assessorexamen). They therefore strictly follow the requirements of the written and oral exams.
Main Content Areas
Civil Law AG
- Drafting of judgments (judge’s stage)
- Preparing written submissions and case solutions (lawyer’s stage)
Criminal Law AG
- Drafting indictments and criminal judgments
- Defense work and trial management
Administrative Law AG
- Processing decisions on objections
- Drafting judgments and orders in administrative proceedings
Elective Stage
- Specific topics relevant to the chosen training stage
- Preparation for Entering the Profession
Benefits of Referendar-AGs
Teaching Practical Skills
Referendar-AGs are designed to bridge the gap between theoretical training and practical application in professional life. Key competencies taught in the working groups include:
- File processing and case presentation according to exam requirements
- Development of negotiation strategies and conversation techniques
- Time management and efficient handling of legal problems
- Mastery of common methods of practical work
Promotion of Social Skills
Through close cooperation within the working groups, the following skills are also fostered:
- Teamwork and conflict resolution skills
- Training of rhetorical skills
- Development of confident presence in negotiations and presentations
Networking and Collegial Exchange
The AGs offer the opportunity to build a network within the training cohort. Often, important professional contacts arise here for future careers.
Significance for the Second State Examination
The knowledge and skills acquired in the AGs are essential for successfully passing the Assessorexamen. The AG instructors are often also examiners in the state exams, so the AGs provide a direct interface between training and examination processes.
Legal Particularities and Regional Differences
Influence of the Legal Training Acts (JAG)
The specific structure of the AGs can differ depending on the federal state. The JAGs of the states regulate compulsory hours, selection of instructors, and main content areas. In some states, participation in the AGs is mandatory, while exceptions can be authorized elsewhere.
Confidentiality and Secrecy
All parties are obliged to maintain confidentiality in handling case files and personal data, as stipulated by the DRiG and the respective state laws.
Assessment and Performance Review
In many federal states, performance records or mock exams are prepared in the working groups, which may count towards the training grade. The weight and binding nature of such performances are regulated by state law.
Summary
Referendar-AGs are a fundamental part of practical training in the legal preparatory service. They offer a structured and legally regulated framework in which practical skills are tested, social competencies fostered, and the requirements of the Assessorexamen prepared for. The structure and implementation are subject to specific federal and state law requirements, but consistently offer significant added value nationwide for prospective legal trainees.
Frequently Asked Questions
How is the allocation to the Referendar-AGs organized within the legal preparatory service?
The allocation of legal trainees to the working groups (AGs) is carried out by the respective state judicial examination offices in accordance with the provisions of the training regulations of the federal states. Usually, the place of residence, the relevant district court or – in rare cases – the capacity of the training courts is decisive. The division aims to ensure that group sizes are as balanced as possible and that there is a geographically sensible distribution. Individual trainees’ requests, for example with regard to a particular AG leader, can only be considered as exceptions and when special reasons exist. A typical group consists of 12 to 20 persons. After allocation, the members are taught together for the entire stage – or, depending on the state, for several stages.
What legal topics are covered in the Referendar-AGs?
The AGs cover, in terms of content, primarily exam-relevant areas of substantive and procedural law. These usually include civil law, criminal law, and public law. Topics such as filing claims, drafting judgments, indictments, preparing legal opinions, and solving complex case constellations are covered. In addition to teaching the theoretical basics, the focus is on the practical application of what has been learned, for instance through the development of file excerpts, practicing presentations, and simulating court hearings. Jurisprudence and current legislative changes are also often addressed to optimally prepare the trainees for the Assessorexamen.
What role do Referendar-AGs play in exam preparation?
Referendar-AGs are a central tool in legal training and serve not only for the transfer of knowledge, but particularly for targeted exam preparation. In the AGs, typical exam tasks are simulated, case processing methodology is trained, and exam techniques are practiced. The AG leadersregularly provide feedback on written work, explain key assessment criteria, and highlight recurring sources of error. By analyzing model solutions together and engaging in in-depth discussion of different approaches, trainees are actively prepared for exam requirements. The AGs therefore form an indispensable link between theoretical knowledge and its practice-oriented application in the exam.
Is participation in the Referendar-AGs legally mandatory?
Participation in the AGs is mandatory in all federal states and is regulated by law or by ordinances relating to legal training. It is considered part of official duties within the legal preparatory service. Absences must be formally excused and, where possible, be made up. Unexcused absences may result in disciplinary consequences, up to and including counting as days missed, or in extreme cases, removal from the preparatory service. Regular attendance at the AGs is also a prerequisite for admission to the Assessorexamen and a component of the official evaluation.
How are working group performances assessed and weighted in the legal traineeship?
Performance in the AGs may have different legal significance depending on the federal state and the actual structure. In some states, written work, presentations, or oral participation count with certain weight – usually informatively, less often exam-relevantly – towards the station grades or the final assessment. Essays, written assignments, or presentation tasks may be required, which are given special consideration in the assessment. More decisive, however, is usually the official evaluation by the respective supervisor in combination with impressions from the AG participation, which are then assessed together with the exam grades to determine the overall result in the traineeship.
What legal framework applies to the leadership of Referendar-AGs?
The AGs are led by experienced judges, prosecutors, or administrative lawyers. The selection and appointment are made by the responsible judicial administrations. These trainers must have several years of professional experience and didactic aptitude, which is checked as part of service law regulations. The AG leaders are relieved of other duties for this role and are subject to special obligations of confidentiality, impartiality, and neutrality. Binding training guidelines apply to the implementation and structure of the AGs, which set out the content and methodological requirements.
How is the relationship between practical training and theoretical AG work regulated by law?
The relationship between practical training in the respective station and the accompanying working group is defined in the legal training acts and the training ordinances of the states. Typically, an AG takes place once a week, with a scope of about four to six hours per week. Apart from this, trainees spend most of their training time in their training station (court, public prosecutor’s office, Rechtsanwalt, or administration). The AG serves specifically to consolidate and deepen what has been learned in practice and to teach essential techniques particularly relevant for the exam. An imbalance between the two components is not permitted by law; there must be a balanced relationship, which is continuously monitored by the judicial examination offices.