Introduction Act To The Legal Services Act

Original Language Title: Einführungsgesetz zum Rechtsdienstleistungsgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/rdgeg/BJNR284600007.html

Introduction Act to the legal services Act (RDGEG) RDGEG Ausfertigung date: 12.12.2007 full quotation: "introduction Act to the legal services act of December 12, 2007 (BGBl. I p. 2840, 2846), most recently by article 8 of the law of October 10, 2013 (BGBl. I S. 3786) has been changed" stand: last modified by article 8 G v. 10 10 2013 I learn 3786 to the stand number in the menu see remarks footnote (+++ text detection from) : 1 July 2008 +++) the G was adopted as article 2 of the G v. 12.12.2007 I 2840 by the Bundestag. It according art. 20 Pack 3 on 1.7.2008 enter into force.

§ 1 according to the legal advice law (1), official permits to procure foreign legal affairs by permit holders who are not members of a Chamber of lawyers, permit holder expire six months after the entry into force of this Act. Permit holder can apply for registration according to section 13 of the legal services act under their permission certificate template. If the application is made within six months after entry into force of this law, permission remains valid notwithstanding sentence 1 up to the decision on the application.
(2) official permits to procure foreign legal affairs by permit holders, which are taken to section 209 of the Federal lawyer regulation in a Chamber of lawyers (Chamber legal counsel), go out with her departure from the Chamber of lawyers. Chamber legal counsel, their recording in the Bar Association is revoked pursuant to article 209 paragraph 2 of the Federal lawyer regulation on own application can apply for registration according to section 13 of the legal services act. If the application is made within three months after the revocation, permission remains valid notwithstanding sentence 1 up to the decision on the application.
(3) the holder of a permit referred to in article 1 § 1 para 1 sentence 2 No. 1, 5 or no. 6 of the legal services act be no. 1 under indication of the extent of their permission as registered persons according to § 10 para 1 sentence 1, 2 or no. 3 of the legal services act registered. Licence holder, whose Erlaubnis extends to other areas or whose Befugnisse go beyond the powers regulated in § 10 (1) of the legal services act, are separately or pursuant to sentence 1 as legal agents or permit holder registered (registered permit holder) in addition to their registration. You may provide under their so far professional legal services in all areas of law covered by their previous permission. Legal services may provide only in the areas of tax law and intellectual property law, as far as the previous permission expressly includes these areas.
(4) by way of derogation from section 13 of the legal services act the competent authority prior to the registration only checks to see whether an adequate professional indemnity insurance is no. 3 of the legal services act according to article 12, paragraph 1. You are registered referred to exercise legitimate at the time of submission of the certificate of permission as qualified individuals. Costs are not charged for registration and their public announcement. The subsequent nomination of qualified persons is possible only for registered persons according to § 10 para 1 of the legal services act, and not registered permit holder.
(5) the revocation of a permit under the legal services act is the revocation of the registration according to § 12 para. 1 No. 1 (c) and article 13, paragraph 1, sentence 3 No. 4 of the legal services act matter.

§ 2 insurance consultant by way of derogation from section 1, subsection 1, sentence 2 can people with an approval to the care of other matters in the field of insurance consulting (article 1 § 1 para 1 sentence 2 No. 2 of the legal services Act) only a permission as an insurance consultant pursuant to section 34e para 1 the trade regulations apply.

§ 3 legal representation (1) Chamber legal counsel be a lawyer in the following provisions: 1. § 79 paragraph 2 sentence 1, § 88 par. 2, § 121 paragraph 2, § 133 paragraph 2, sections 135, 157, 169 para 2, § 174, 195, 317 para 4 sentence 2, § 397 2 and § 811 No. 7 of the code of civil procedure, 2. section 10, paragraph 2, sentence 1 and section 11 clause 3 of the Act over the proceedings in family matters and in matters of voluntary jurisdiction , 3rd section 11 subsection 2 sentence 1 of the Labour Court Act, 4. § 73 para 2 sentence 1 and paragraph 6 sentence 5 of the social Court of law, if not allowing the social and social security law excludes, 5. Article 67 paragraph 2 sentence 1 and paragraph 6 sentence 4 of the administrative court procedure, 6 section 62, paragraph 2, sentence 1 and paragraph 6 sentence 4 of the financial court order, if the permission includes any assistance in tax matters.
(2) registered permit holder are in the sense of § 79 para 2 sentence 1 of the civil procedure code, § 10 para 2 sentence 1 of the law on the procedure in family matters and in matters of voluntary jurisdiction, section 11 subsection 2 sentence 1 of the Labour Court law, § 73 para 2 sentence 1 of the social Court Act, section 67, paragraph 2, sentence 1 of the administrative court procedure and § 62 para 2 sentence 1 the financial court order equal to a lawyer , as far as them legal representation or the appearance in the proceedings 1 according to the extent of their previous permission, 2. as a process agent arrangement of the administration of Justice according to article 157, paragraph 3 of the code of civil procedure, in the version applicable up to 30 June 2008 3 by a for which the licence to the oral negotiations before the Sozialgerichten authority, 4. after section 67 of the administrative court procedure in the version applicable up to June 30, 2008 or 5. According to section 13 of the law on the Affairs of the It was non-contentious in the version applicable up to 30 June 2008. The scope of the power to register and to disclose in the register of legal services is in the cases of the numbers 1 through 3.
(3) the Court rejects, as far as they are not authorised in accordance with paragraph 2 of legal representation, or occurring in the hearing, registered permit holder by means of an unchallengeable order. Procedural acts of a non-authorized agent and deliveries or notices to these agents are effective up to its rejection. The Court may prohibit registered permit holders by means of an unchallengeable order representing more or the more presence in the negotiations if they are not capable of the physical and military relationship properly to represent. Article 335, paragraph 1 No. 5 of the civil procedure code accordingly.

§ 4 remuneration of registered persons (1) the lawyer Compensation Act applies to the remuneration of pension consultants and pension consultants (registered persons according to § 10 para 1 sentence 1 No. 2 of the legal services Act), as well as permit holders registered with the exception of cargo examiners and cargo inspectors. Their remuneration varies according to the value that they have this to point out the contracting authority prior to assuming the job.
(2) paragraph 1 set 1 mentioned persons is it prohibited to agree on lower fees and expenses or to ask the lawyer Compensation Act does, unless it states otherwise. A contingency fee agreement (§ 49B paragraph 2 sentence 1 of the Federal legal order) is not permitted, unless the Attorney remuneration law States otherwise; Obligations to bear court costs, administrative costs, or costs of the other party, are not permitted. In some cases may be worn special circumstances in the person of the customer, in particular whose Neediness, Bill through reduction or waiver of fees or costs after completion of the order.
(3) for the reimbursement of the compensation which in paragraph 1 sentence 1 persons referred and the Chamber counsel in judicial proceedings, apply the provisions of the rules of procedure on the reimbursement of the compensation of an attorney in accordance with.
(4) the refund of the compensation of persons who provide debt collection services (No. 1 of the legal services act registered persons according to § 10 para 1 sentence 1), for the representation in execution proceedings according to article 788 of the civil procedure code. Their compensation for representation in the judicial order for payment procedure is refundable up to an amount of 25 euros to article 91, paragraph 1, of the code of civil procedure.
(5) the collection costs of persons who provide debt collection services (number 1 of the legal services act registered persons according to article 10, paragraph 1, sentence 1), for non-judicial debt collection services relating to a claim not titled, are recoverable only up to the amount of compensation due to a lawyer after lawyer compensation law. The Federal Ministry of Justice regulates rates for the fees, whose reporting of the holder of a private individual (§ 11a paragraph 2 of the legal services Act) may require by decree with the consent of the Bundestag, and without the consent of the Federal Council, taking into account the scope of the activity. Maximum rates for the first letter of formal notice can in the recovery of more than 100 similar after the occurrence of the delay and for the compensation, within one month passed the Inkassodienstleister claims of the same creditor is recoverable, be fixed.

§ 5 graduate lawyers from the acceding territory
People in the area referred to in article 3 of the Unification Treaty have completed a postgraduate law degree as Diplom-jurist at a university or scientific University and after October 3, 1990, the judge appointed attorney or notary, employed in the senior management service or attorney were admitted, as in the following provisions of a person with the qualification of judgeship are equal: 1. section 6, paragraph 2, sentence 1 and § 7 para 2 sentence 1 of the legal services act , 2. § 78 para 4 and § 79 paragraph 2 sentence 2 No. 2 of the code of civil procedure, 3 section 10 para 2 sentence 2 No. 2 of the law on the procedure in family matters and in matters of voluntary jurisdiction, 4. § 11 paragraph 2 sentence 2 No. 2, para. 4 sentence 3 of the Labour Court law, 5. § 73 para 2 sentence 2 No. 2, paragraph 4 sentence 3 and 4 of the social Court Act , 6 section 67, paragraph 2, sentence 2 No. 2, paragraph 4 sentence 4 of the administrative court procedure, 7 § 62 para 2 sentence 2 No. 2, para. 4 set 4 the financial court order 8 § 97 paragraph 2 sentence 2 No. 2 of the Patent Act, 9 section 81 subsection 2 sentence 2 No. 2 of the law on trade marks.

§ 6 can only Chamber counsel protection of the occupation the professional title "Lawyer" or a her to confusingly similar name and registered lawyers to be carried.

Article 7 transitional provision for applications under the legal services act on applications for licences referred to in article 1 § 1 para 1 sentence 1 of legal advice Act, placed before July 1, 2008, is to decide according to existing law.