Doing legal business in Germany
The UK left the EU single market and customs union at the end of the Brexit transition period on 31 December 2020.
The EU Lawyers Directives no longer apply to UK solicitors and law firms, and freedom of movement to the EU has come to an end.
Different rules on practising rights, immigration, visa and work permit requirements apply in each EU member state.
Read detailed guidance on the immigration rules that apply to UK nationals visiting Germany
Practising rights for UK lawyers in Germany after Brexit
Following the end of the transition period, UK lawyers can:
- provide advice on home country and public international law on a temporary basis
- provide legal advice under home title on a permanent basis by registering with the relevant local bar as a foreign legal consultant (FLC)
- practise arbitration, conciliation, and mediation
- set up a branch office of their law firm in Germany
- form a partnership with local German or EU/EEA lawyers
Applying for foreign legal consultant status in Germany
UK solicitors can practise in Germany on a permanent basis by obtaining foreign legal consultant status under Article 206 of the Federal Lawyers Act (Bundesrechtsanwaltsordnung – BRAO).
Licences for foreign lawyers are granted by local bars (see Article 206 of the Federal Lawyers’ Act/BRAO).
FLCs must:
- apply for membership in the local bar as an established foreign lawyer
- submit a certificate from the competent body in their country of origin stating that they’re a member of the legal profession in that country
- provide evidence that they have the same kind of professional insurance coverage as required from a German lawyer (rechtsanwalt)
FLCs can:
- practise under their home country profession title
- advise clients on home country law (English and Welsh law) and public international law
- represent clients in arbitration, conciliation or mediation
FLCs cannot:
- represent clients in court proceedings in Germany
- advise clients on German or EU law
Registering as a European lawyer after Brexit
UK nationals who are qualified/dual qualified as lawyers in an EU member state, EEA country or Switzerland can register as European lawyers in Germany under the law on the activities of European lawyers in Germany.
Subsequently, they can requalify after three years of continuous practise and registration (under the terms of the EU Lawyers Establishment Directive).
Requalifying as a German lawyer after Brexit
There are currently no nationality, residency or reciprocity requirements for non-EU lawyers to requalify in Germany.
In order to requalify, UK solicitors must go through the entire German education process.
They must pass the first state examination (as part of a degree), followed by the Referendariat (two years practical training at civil and criminal courts, with an administrative authority/court and with counsel, that is at a law firm).
This is then followed by the second state examination.
Setting up a law firm in Germany after Brexit
Following the reform of the Federal Lawyers Act (BRAO) in July 2021, UK law firms have a secure legal basis for operating in Germany.
Under the reform, UK law firms that have obtained authorisation from the relevant local bar association can provide legal services (including advocacy) through a branch office in Germany subject to the following conditions:
- the business purpose of the UK firm is to provide advice and representation in legal matters
- the firm is authorised to provide legal services under the law of the state in which its registered office is located
- the firm’s partners are lawyers or members of certain other professions
- the German branch office has its own management that can represent the company and has sufficient powers to make sure that professional law is upheld
However, UK law firms established using alternative business structures (non-lawyer firm ownership) must operate through a separate legal entity in Germany.
Under the reformed BRAO, lawyers qualified in England and Wales can also form partnerships with German lawyers in two different ways:
- by setting up a German professional practice company (PPC) with an administrative seat in Germany;
- by setting up an law firm with an administrative seat in England or Wales (for example a UK LLP)
For more information, read this article on the reforms to the Federal Lawyers Act.
Resources
- Federal Lawyers’ Act (BRAO) (German)
- Law on the activities of European lawyers (EuRAG) (German)
- German Federal Bar (BRAK) (regulation of the legal profession, English versions available)
If you have any questions, email our international team at international@lawsociety.org.uk.
This information does not constitute legal advice. It was drafted by the Law Society of England and Wales on the basis of desk research, bilateral relations with European Bars and engagement with members.
The Law Society cannot be held liable for actions taken on the basis of this note or lack thereof. In case of specific queries, we strongly advise to consider instructing external counsel to obtain advice specific to your business objectives.