Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-848d4c4894-mwx4w Total loading time: 0 Render date: 2024-06-27T20:12:42.666Z Has data issue: false hasContentIssue false

12 - Germany

Published online by Cambridge University Press:  05 June 2013

By
Christian Dahns  and
Johannes Keller
Compiled by
The Bar of Brussels
Johannes Keller
Affiliation:
Bundesrechtsanwaltskammer
Get access

Summary

Preliminary note

Every lawyer admitted to the German legal profession has an independent duty of professional secrecy in accordance with the profession's rules and regulations. This duty represents an indispensable pillar of the unique relationship of mutual trust between lawyer and client.

In Germany, every lawyer is admitted to the competent regional Bar. There are twenty-seven regional Bars altogether, and one Bar at the Bundesgerichtshof (Federal Supreme Court of Justice) in Karlsruhe. These twenty-eight bars are in turn members of the German Federal Bar, which has its seat in Berlin.

In Germany, a lawyer may either practise in a self-employed capacity in his or her own law practice, or as an employed lawyer in a law firm. Alternatively, members of the legal profession may also work as in-house lawyers (Syndikus-anwälte) for commercial businesses or associations.

This chapter focuses on the professional secrecy of self-employed lawyers and lawyers employed by law firms, or working for a law firm on a freelance basis. First, this chapter will provide a general outline of the scope of the duty of professional secrecy and then discuss in greater detail some of the most relevant exemptions from the duty of secrecy.

Type
Chapter
Information
Professional Secrecy of Lawyers in Europe , pp. 183 - 199
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Henssler, Martin and Prütting, Hanns, Bundesrechtsanwaltsordnung: BRAO, 3rd edn, Munich: C. H. Beck, 2010, S. 43(a), marginal note 44Google Scholar
Weißler, Adolf, Geschichte der Rechtsanwaltschaft, Leipzig: Pfeffer, 1905, 127Google Scholar
Meyer-Goßner, , Cierniak, StPO, 53rd edn, Munich: C. H. Beck, 2010Google Scholar
Gaier, Wolf and Göcken, , Zuck, Anwaltliches Berufsrecht, 2010, S. 43(a)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×