Where are the exact differences?
Everyone knows what a lawyer is. But what about a specialist lawyer? When is the legal specialist really needed? Often, people are hesitant to engage such a specialist lawyer. Concerns about whether they may be more expensive or even necessary often determine whether or not to hire one. To clarify open questions related to a specialist lawyer, here is a summary of the activity and the most frequently asked questions on this topic.
What are the differences between a lawyer and a specialist lawyer?
Both forms of lawyers are based on a degree in law as well as admission to courts and confidentiality. At first glance, they have quite a bit in common. A lawyer and a specialist lawyer trained in Germany have completed the same training. They are allowed to represent their respective clients in the courts where they are admitted. This usually includes all district courts, regional courts, and labor, social, administrative, and fiscal courts. Incidentally, all authorized lawyers are also allowed to practice at national higher regional courts. However, in order to appear, for example, at a supra-regional higher regional court, an application must be submitted to the bar association beforehand. The Federal Court of Justice is only intended for lawyers authorized specifically for this court. The big difference between a lawyer and a specialist lawyer is that the latter specializes in one or more areas of expertise. He brings his special expertise with him. Depending on how long the specialist lawyer has been active, he also offers extensive experience. By the way, a lawyer is allowed to hold up to three specialist lawyer titles. This means that he specializes in a maximum of three subject areas. In his daily work, however, he is free to act and is not restricted to these three areas. If he handles a case that is not in his field of expertise, he is not considered a specialist lawyer for this case.
The path from a lawyer to a specialist lawyer
A lawyer and a specialist lawyer begin their training with
the study of legal sciences. Then the first state examination must be taken and
passed. Usually, the legal traineeship follows, which lasts for 2 years. In
legal language, it is also often referred to as a legal preparatory service.
Various stations in the field of law must be completed during this time.
There are several areas of law that a future lawyer can be trained in during their apprenticeship, including civil law, where they are trained at a district or state court in civil matters. Another area is criminal law, where the prospective lawyer is trained as a prosecutor. Following this is the administrative training station at a government agency or the city itself. The final mandatory station is the law firm station, where the apprentice can choose the lawyer with whom they want to spend their internship. The elective station concludes the apprenticeship period, during which the apprentice can choose which station they want to use for further training. Usually, the area closest to the future work environment's personal interests and demands is chosen. During the internship period, courses and exams must also be taken. At the end of this apprenticeship period, the second state exam is taken. If passed, the training is complete, and the graduate can use the title of "Volljurist" or "Assessor.Jur." The lawyer can now apply for admission to the relevant bar association and practice law independently. The training includes the three pillars of criminal law, civil law, and public law. In these areas, the lawyer can now take on and handle cases independently.
Focus on Activity and Interest
Most aspiring lawyers already have a clear idea of which areas they are more interested in or feel more comfortable with during their training. This can lead to areas of activity that are important for later becoming a specialist lawyer. One student may be particularly interested in family law, while another may be particularly interested in traffic law. Often, students also make decisions based on the economic aspects of these areas of specialization. If there is an increased demand for lawyers in a particular field, it would be wise to specialize in that field. At the latest after completing their training, many lawyers decide whether they want to choose a specific or multiple areas of specialization. During their professional career, the lawyer will also frequently be occupied with a specific topic. This means that someone who has worked on many cases in the areas of criminal or social law over several years must continue to educate themselves to represent their clients ideally. Therefore, it is inevitable that a lawyer will come to a point where they have an area of specialization. However, the basis always lies in the areas of interest, which then give rise to areas of activity. For the client, it can be useful if a lawyer lists up to five areas of interest on their website. This way, the client always has the option to inform themselves before engaging the lawyer, whether the areas of interest correspond to their own case.
From Areas of Interest to Specialist Lawyer
Once the interesting areas of specialization make up a
significant part of the workload, the specialist lawyer can come into play.
This title is important for many lawyers when they want to specialize. The bar
association checks whether the lawyer meets the requirements once the lawyer
has submitted the application. Only the relevant bar association can award the
title of specialist lawyer. They must be convinced that the applicant lawyer
has sufficient experience and outstanding expertise in their chosen field.
However, before a lawyer can become a specialist lawyer, they must complete
further education or training. This is divided into three steps.
The first step towards becoming a specialist lawyer is the completion of a specialized training course. To be entitled to the title of specialist lawyer, an attorney must complete the specialized training course, which comprises 120 hours and provides specialized training in the chosen field. Written examinations are also conducted during the training to assess the knowledge learned. The second step involves the submission of a case list to the Bar Association, which should detail all cases handled in the selected field within the past three years. This step is aimed at assessing the practical experience of the attorney and requires a minimum number of cases, ranging from 60 to 120, to have been handled during the three-year period. The final step is a comprehensive oral exam, which is the culminating point of the specialist lawyer training program. Only if the attorney passes this exam, and meets all other requirements, can he or she be appointed as a specialist lawyer. In addition, the specialist lawyer must complete annual further training in his or her field of expertise. This must be done once a year to maintain the title. Therefore, the specialist lawyer has undergone additional training in the relevant fields, and may hold up to three specialist lawyer titles, indicating a high level of expertise in these fields. The training is aimed at deepening knowledge and continually updating skills in the relevant areas. Clients can be assured that a specialist lawyer, who has been tested and continuously monitored by the Bar Association, will always be up to date in his or her field or fields of expertise.
One may wonder whether a general practitioner or a
specialist lawyer provides better representation. In general, a general practitioner
can handle the legal matters that a client brings to them. However, in specific
cases, the client may be better served by a specialist lawyer, who usually
possesses a much broader knowledge base and practical experience in the chosen
field. Although an attorney who has not specialized but has worked in a
specific field for many years may offer similar advice, it is important to note
that their abilities have not been tested by the Bar Association. For
particularly complex cases or legal matters, it is strongly advisable to
consult with a specialist lawyer. Specialist lawyers are particularly valuable
when dealing with a field that only a few lawyers work in. In general, a
specialist lawyer is the better choice when there is uncertainty because they are
specialized, tested, and possess the required practical experience. Due to
their extensive training and continuous further education, they provide a
deeper and more thorough knowledge base. Additionally, they have passed the
required steps to become a specialist lawyer and have been tested by the Bar
Association.
Reasons for engaging a specialist lawyer
When seeking legal advice, personal emotions and excitement often accompany the process. It can therefore be challenging to keep a clear head and select the right lawyer. As explained earlier, the specialized training required to become a specialist lawyer highlights the advantages of engaging a lawyer who has focused on one or more areas of expertise. In addition to extensive practical experience, such a lawyer has undergone additional training, resulting in a greater depth of knowledge in the relevant legal field compared to a conventional lawyer. Through regular training, a specialist lawyer consistently updates and deepens their knowledge. They are therefore significantly more knowledgeable in their field than a generalist lawyer. Moreover, they stay up-to-date on the latest legal developments and precedents in their area of expertise. In short, a specialist lawyer can be described as a professional and expert in their field. In complex cases or difficult legal issues, a specialist lawyer is the better choice. This is also true for exceptional situations or specific areas of law. Even when dealing with an area of law that many lawyers encounter daily, a specialist lawyer can generally provide more competent assistance with specific questions.
Another advantage of a specialist lawyer
Legal fields often change due to new legislation or laws. A specialist lawyer must always stay up-to-date in their area of law. Therefore, those with questions or a case in a legal field that frequently changes should engage a specialist lawyer. One such field is tenancy law. If a tenant does not understand a paragraph in their lease agreement, they may not necessarily require a specialist lawyer. However, for more complex issues or cases, a specialist lawyer is the better choice. They have an in-depth understanding of the legal topic and the so-called "ff." (following paragraphs). Through continuous training and practical experience in this field of law, they can often respond more quickly and competently to questions.
The various specialist fields of specialist lawyers
In Germany, there are currently 23 specialist fields of
specialist lawyers. The following list contains the current specialist fields
for specialist lawyers:
- Specialist lawyer for agricultural law
- Specialist lawyer for labor law
- Specialist lawyer for banking and capital market law
- Specialist lawyer for construction and architectural law
- Specialist lawyer for inheritance law
- Specialist lawyer for family law
- Specialist lawyer for industrial property law
- Specialist lawyer for commercial and corporate law
- Specialist lawyer for information technology law
- Specialist lawyer for insolvency law
- Specialist lawyer for international business law
- Specialist lawyer for medical law
- Specialist lawyer for tenancy and condominium law
- Specialist lawyer for immigration law
- Specialist lawyer for social law
- Specialist lawyer for tax law
- Specialist lawyer for criminal law
- Specialist lawyer for transport and forwarding law
- Specialist lawyer for copyright and media law
- Specialist lawyer for traffic law
- Specialist lawyer for public procurement law
- Specialist lawyer for insurance law
- Specialist lawyer for administrative law
The oldest and newest specialist lawyer titles in Germany
There have been areas that can be occupied by specialist lawyers for many years. One of the oldest of these is tax law. This legal field is also one of the most complex. Tax law is frequently applied in both businesses and private settings, yet only few lawyers truly understand the difficult legislation and matter. In 2016, there were only 5,000 specialist lawyers in tax law. Labor law, which also comprises a large part of the specialist lawyers, was staffed with almost 10,270 specialist lawyers in 2016. Almost neck and neck is family law, which with nearly 9,700 specialist lawyers, represents the third strongest pillar in the field of specialist lawyers. New areas for specialist lawyers include international business law. This was only appointed as a specialist lawyer area in 2014. Only 81 specialist lawyers for international business law are available to date. However, the interest of lawyers is increasing. There are already over 300% more specialist lawyers in this specialty area than in 2016.
The legal areas with the most and fewest specialist lawyers
The following legal areas are covered by many specialized lawyers, in addition to those already mentioned. Therefore, those seeking a specialization that is not overcrowded can draw appropriate conclusions here. The field of traffic law has a strength of nearly 3,880 specialist lawyers, while tenancy and residential property law is occupied by almost 3,560 specialist lawyers. In addition, over 3,540 specialist lawyers are available in criminal law. However, there are also areas that are relatively sparsely populated with specialists. Very few specialist lawyers are found in procurement law. In fact, there are only 13 specialist lawyers according to statistics from 2016. Agricultural law, which is quite complex, offers 143 specialist lawyers. At present, there are 81 specialist lawyers in international commercial law. There are 203 specialist lawyers in transport and forwarding law. The low number of specialists in some areas also indicates that these legal areas are only in little demand. The more heavily populated areas of specialization are legal areas that play a disproportionately large role in everyday life. When deciding on a specialist lawyer in a less populated legal area, it is important to know that the general practitioner deals even less with the matter, as it plays hardly any role in everyday professional life. Therefore, it would be advisable to always commission a specialist lawyer for matters in these areas of specialization.
Is a specialist lawyer required in criminal law?
Criminal law constitutes a significant proportion of legal cases in Germany. Especially here, it can be advisable to consult and commission an expert in criminal law who has specialized in this field. This is also due to the complex legal situation, which can have an impact on the individual client's case. A specialist lawyer can provide a correspondingly thorough consultation and at the same time, he offers a great deal of experience in criminal proceedings before the court. If a lot is at stake, the defense lawyer should be a specialist lawyer. Anyone who faces the risk of imprisonment or expects to be subject to a high fine should definitely commission a specialist lawyer. Even if he does not achieve an acquittal, depending on the case, he can still ensure that the penalty is less severe. However, he cannot guarantee this, as the chances of success always depend on the individual case. However, in principle, a general lawyer who is not specialized can also become involved in criminal proceedings and act as a defense lawyer.
Additional information: The term "criminal defense
lawyer" is not protected. Here, there is a big difference compared to the
title "specialist lawyer." Any lawyer can call himself a criminal
defense lawyer. This only provides a possible indication of his area of
interest. However, it can also be an indication of his main area of activity.
The lawyer is then mainly involved in criminal proceedings and may have some
practical experience. However, he is not a specialist lawyer for criminal law.
He can still obtain this title through the training mentioned above.
How can a specialist lawyer be distinguished from another lawyer?
Anyone looking for a specialist lawyer should pay particular attention to this designation. However, in general, it is not a problem to ask the desired lawyer about their completed education. Furthermore, it may also be advisable to inquire about the practical experience of the lawyer in complex legal areas. There is an additional term that is frequently used among lawyers. The designation of "specialist" is an example of this. The title of specialist lawyer is protected and requires the appropriate qualification to use the title. However, this protection does not apply to additional titles. Generally, a lawyer who carries such an additional designation aims to draw attention to their special knowledge in a particular area of law. It is important to note that this indicates their areas of interest and activity but does not necessarily mean that they have the qualification to be a specialist lawyer. But how can a client be sure that the lawyer is truly a professional in their field? How can it be clear that the lawyer is actually one of the specialists in that area of law?
There are court rulings on this topic that show it to be a
rather complex issue. The Federal Court of Justice ruled in 2004 that lawyers
who have verifiably much knowledge and practical experience in a legal field
may use the designation "specialist." Although this term does not
represent a protected title, such as the title of specialist lawyer. In its
justification, the court explained that it was quite reasonable to expect the
consumer to be able to recognize the difference between a specialist lawyer and
a specialist themselves. This is quite possible, but everyone must know where
the differences lie with respect to a specialist lawyer. Furthermore, the court
explained that even laypeople could recognize a difference since a specialist
lawyer possesses special expertise in their chosen area of law. The specialist,
on the other hand, merely uses the designation of "specialist" to
draw attention to their work in that area of law. However, in 2009, the Munich
Regional Court contradicted the 2004 ruling by stating that the additional
designation of "specialist in" should only be used if there is no
specialist lawyer title in that field of law. This is to prevent confusion and
misunderstandings. In other words, a lawyer cannot call themselves a specialist
in family law because there is a specialist lawyer title in that field.
Conversely, this means that a lawyer can call themselves a specialist in
military law because there is no specialist lawyer title in that field. Even
though this should actually prevent confusion, the situation is further
complicated. The following designations are permitted in fields where a title
for specialist lawyers is possible: "special area: inheritance law,"
"specialization in inheritance law," and "specialized in
inheritance law." It depends on the wording used, and such a designation
would still be possible even if a title for a specialist lawyer were possible
in that field.
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