Introduction Act on the Legal Services Act (RDGEG)

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RDGEG

Date of date: 12.12.2007

Full quote:

" Introductory Act on the Legal Services Act of 12 December 2007 (BGBl. I p. 2840, 2846), most recently by Article 8 of the Law of 10. October 2013 (BGBl. 3786).

Status:

Last amended by Art. 8 G v. 10.10.2013 I 3786

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.2008 + + +) 

  

The G was decided by the Bundestag as Article 2 of the G v. 12.12.2007 I 2840. It occurs gem. Article 20, first sentence, of 1.7.2008 in force. Unofficial table of contents

§ 1 licence holder according to the Law on Legal Adviser

(1) Government licences for the errands of foreign lawyers who are not members of a Chamber of Lawyers shall be erasure six months after the entry into force of this Act. Permission holders can apply for registration in accordance with § 13 of the Legal Services Act upon presentation of their certificate of approval. If the application is filed within six months of the entry into force of this Act, the permit shall remain valid from the first sentence until the decision on the application is valid. (2) Government permits to erect foreign legal affairs of Permission holders who are admitted to a bar in accordance with § 209 of the German Federal Law Code (Bundesrechtsanwaltsordnung) are extinguisher with their departure from the Bar Association (Rechtsanwaltskammer). The registration in accordance with § 13 of the Legal Services Act (Legal Services Act) can be applied for by chamber law counsel, whose admission to the Bar Association is revoked on his own request in accordance with Section 209 (2) of the German Federal Law Enforcement order. If the application is filed within three months of the revocation, the authorization shall remain valid from the first sentence until the decision on the application. (3) Holder of a permit pursuant to Article 1 (1) (1), second sentence, No. 1, 5 or 6 of the application Legal advice law shall be registered as registered persons in accordance with § 10 (1) sentence 1, no. 1, 2 or 3 of the Legal Services Act, stating the extent of their permission. Permission holders whose permission extends to other areas or whose powers exceed the powers governed by Section 10 (1) of the Legal Services Act shall be separately or in addition to their registration in accordance with sentence 1 registered as legal councor or holder of permission (registered permission holder). Under their current professional title, they may provide legal services in all areas of the law to which their previous permit extends. They may only provide legal services in the areas of tax law and industrial property rights, insofar as the previous permit expressly includes these territories. (4) By way of derogation from Section 13 of the Legal Services Act, the competent authority before registration only if there is sufficient professional indemnity insurance pursuant to Section 12 (1) (3) of the Legal Services Act. Qualified persons shall be registered with the persons entitled to exercise the application at the time of application in the certificate of approval. Costs shall not be charged for registration and for the publication of public notices. The later appointment of qualified persons is only possible for registered persons in accordance with § 10 para. 1 of the Legal Services Act and not for registered permission holders. (5) The revocation of a permit under the Legal Adviser Act is pending. the revocation of the registration in accordance with § 12 (1) (1) (c) and (13) (1) sentence 3 (4) of the Legal Services Act. Unofficial table of contents

§ 2 Insurance adviser

By way of derogation from § 1 (1) sentence 2, persons with a permit to erect foreign legal affairs in the field of insurance advice (Article 1, Section 1, para. 1 sentence 2 of the Legal Advice Act) may only be permitted to Apply for insurance advisors pursuant to § 34e para. 1 of the Industrial Code. Unofficial table of contents

§ 3 Judicial representation

(1) Legal counsel shall be equal to a lawyer in the following provisions:

1.

Section 79 (2) sentence 1, § 88 (2), § 121 (2), § 133 (2), § § 135, 157, 169 (2), § § 174, 195, 317 (4) sentence 2, § 397 para. 2 and § 811 No. 7 of the Code of Civil Procedure,

2.

§ 10 (2) sentence 1 and § 11 sentence 3 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction,

3.

Section 11 (2) sentence 1 of the Labour Court Act,

4.

Section 73 (2), first sentence, and paragraph 6, sentence 5 of the Social Justice Act, if the permit does not preclude the social and social security law,

5.

Section 67 (2), first sentence, and para. 6, sentence 4, of the administrative court order,

6.

Section 62 (2), first sentence, and para. 6 sentence 4 of the Financial Court order, if the permit includes the business assistance in tax matters.

(2) Registered authorisation holders are within the meaning of section 79 (2) sentence 1 of the Code of Civil Procedure, § 10 (2) sentence 1 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, Section 11 (2) sentence 1 of the The Labour Court Act, Section 73 (2) sentence 1 of the Social Court Act, § 67 (2) sentence 1 of the Administrative Court Rules and Section 62 (2) sentence 1 of the Financial Jurisdiction Rules shall be the same as a lawyer, in so far as they are represented by the legal representation or the Occurrence in the trial

1.

according to the extent of their previous permission,

2.

as a process agent by order of the administration of justice in accordance with section 157 (3) of the Code of Civil Procedure in the version in force until 30 June 2008,

3.

by a body responsible for issuing a permit to negotiate before the Social Courts,

4.

in accordance with Article 67 of the Administrative Court of Justice in the version valid up to 30 June 2008, or

5.

In accordance with § 13 of the Law on the matters of voluntary jurisdiction in the version valid until 30 June 2008

was permitted. In the cases referred to in points 1 to 3, the extent of the power to be registered and known in the legal services register shall be notified. (3) The court of law shall have registered authorisation holders, in so far as they do not, in accordance with the conditions laid down in paragraph 2, for judicial purposes. Representation or to the occurrence in the trial are empowered to return by means of an indisputable decision. Acts of a non-representative authorised representative and of any delivery or communications to such agents shall take effect until such time as they are rejected. The court may prohibit the further representation or further occurrence in the proceedings if they are not in a position to present the property and dispute in an appropriate manner by decision of an indisputable decision. 335 (1) (5) of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 4 Compensation of the registered persons

(1) The Law Remuneration Act applies to the remuneration of the pension advisors (registered persons pursuant to § 10 para. 1 sentence 1 No. 2 of the Legal Services Act) as well as to the registered permission holders with the exception of the Cargo inspectors accordingly. If their remuneration is based on the value of the object, they shall have to notify the contracting authority before the contract has been accepted. (2) The persons referred to in the first sentence of paragraph 1 shall be prohibited from agreeing to lower charges and costs or to: call for the law on the remuneration of lawyers, provided that the law does not specify otherwise. The agreement of a success fee (§ 49b para. 2 sentence 1 of the Federal Legal Code) is inadmissible, unless the law enforcement law determines otherwise; obligations, court costs, administrative costs or costs of other To wear a participant is inadmissible. In individual cases, special circumstances may be taken into account in the person of the contracting authority, in particular his needs, by means of a reduction or cancellation of fees or expenses after completion of the contract. (3) For the reimbursement of the remuneration the persons referred to in the first sentence of paragraph 1 and the chamber rights counsel in a judicial procedure shall be subject to the provisions of the rules of procedure relating to the reimbursement of the remuneration of a lawyer. (4) The reimbursement of the remuneration of persons who provide debt collection services (registered persons According to § 10 (1) sentence 1 no. 1 of the Legal Services Act), for the representation in the foreclos-enforcement procedure is governed by Section 788 of the Code of Civil Procedure. Your remuneration for the representation in the judicial order procedure is reimbursable up to a sum of EUR 25 pursuant to § 91 (1) of the Code of Civil Procedure. (5) The collection costs of persons who provide debt collection services (registered Persons pursuant to § 10 (1) sentence 1 (1) of the Legal Services Act), for out-of-court collection services relating to an untitled claim, are only up to the level of the one attorney in accordance with the provisions of the Remuneration of attorrals entitled to the law on remuneration. With the consent of the Bundestag and without the consent of the Bundesrat, the Federal Ministry of Justice regulates the maximum rates for the fees, the reimbursement of which the creditor is reimbursed by a A private person (Section 11a (2) of the Legal Services Act) may require. Maximum rates may, in particular, be the first letter of formal notice after the date of the withdrawal and the remuneration for the recovery of more than 100 similar claims submitted to the debt collection service provider within one month. Creditors shall be eligible for reimbursement. Unofficial table of contents

§ 5 Diploma-Lawyers from the acceding area

Persons who, in the territory referred to in Article 3 of the Treaty of Accession, have completed a course of studies in law at a university or university of science and after 3 years of age. In October 1990, the judge, prosecutor or notary appointed, employed in the higher administrative service or admitted as a lawyer, shall be entitled to the right to judge in the following provisions of a person with competence:

1.

§ 6 para. 2 sentence 1 and § 7 para. 2 sentence 1 of the Legal Services Act,

2.

Section 78 (4) and section 79 (2), second sentence, of the Code of Civil Procedure,

3.

Section 10 (2), second sentence, No. 2 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction,

4.

Section 11 (2), second sentence, no. 2, para. 4, sentence 3 of the Labour Court Act,

5.

Section 73 (2), second sentence, no. 2, para. 4, sentences 3 and 4 of the Social Justice Act,

6.

Section 67 (2), second sentence, No. 4, sentence 4 of the administrative court order,

7.

Section 62 (2), second sentence, No. 2, subsection 4, sentence 4 of the Financial Jurisdiction Order,

8.

Section 97 (2), second sentence, No. 2 of the Patent Act,

9.

Section 81 (2), second sentence, No. 2 of the Trademark Law.

Unofficial table of contents

Section 6 Protection of the professional title

The professional title "legal councor" or a name similar to it for confusing may only be given by chamber law councings and registered legal councings. Unofficial table of contents

§ 7 Transitional provision for applications in accordance with the Law on Legal Adviser

Applications for the grant of a licence pursuant to Article 1 (1), first sentence, of the Law on Legal Advisers, which have been submitted before 1 July 2008, shall be decided on the basis of the law of the previous year.