Legal advice in Germany

yeah sure. But if you are involved in construction consulting etc. and provide information here, you could also be held liable. you know

yeah :) ..

Hello Yvonne,

unfortunately, it's not quite that simple ...

- the discussion of legal issues addressed to the general public in the media.

So: if you keep it somewhat general, you are allowed to discuss "general facts." A forum is part of the media after all...

If someone wants to invest more time in the topic, then go ahead :)

Rascal ;)


[B]§ 3[/B]
[B]Authorization to provide out-of-court legal services[/B]


The independent provision of out-of-court legal services is only permitted to the extent that it is allowed by this law or by or on the basis of other laws.


very important:


[B]§ 4[/B]
[B]Incompatibility with another duty to perform[/B]


Legal services that can have a direct impact on the fulfillment of another duty to perform must not be provided if this endangers the proper provision of the legal service.


[B]§ 5[/B]
[B]Legal services in connection with another activity[/B]


(1) Legal services in connection with another activity are permitted if they belong as ancillary services to the professional or occupational profile. Whether an ancillary service exists is to be assessed according to its content, scope, and factual connection with the main activity taking into account the legal knowledge required for the main activity.
(2) Legal services provided in connection with one of the following activities are deemed permitted ancillary services:

	1.	Execution of wills,
	2.	Property and housing management,
	3.	Grant funding advice. One or the other might "suspect" that if someone possesses expertise... but even here:

[B]§ 10[/B] [B]Legal services based on special expertise[/B] (1) Natural and legal persons as well as partnerships without legal personality that are registered with the competent authority (registered persons) are permitted to provide legal services based on special expertise in the following areas: 1. Debt collection services (§ 2 para. 2 sentence 1), 2. Pension advice in the field of statutory pension and accident insurance, social compensation law, other social security and severely disabled law relating to a statutory pension, as well as company and professional pension schemes, 3. Legal services in a foreign law; if the foreign law is the law of a member state of the European Union, another contracting state to the Agreement on the European Economic Area or Switzerland, advice may also be given in the field of European Union law and European Economic Area law. The Federal Ministry of Justice is authorized to determine partial areas of the areas mentioned in sentence 1 by legal ordinance with the consent of the Bundesrat. (2) Registration is carried out upon application. If partial areas are determined pursuant to paragraph 1 sentence 2, the application may be limited to one or more of these partial areas. (3) Registration may, if necessary to protect those seeking legal assistance or legal transactions, be made dependent on conditions or associated with requirements. In the area of debt collection services, the requirement should be imposed to forward third-party funds immediately to a person entitled to receive or to deposit them into a separate account. Requirements may be imposed or changed at any time.

Source: dejure.org


By the way - this sentence: "the discussion of legal issues addressed to the general public in the media" is to be understood as allowing discussions in a legal forum or a discussion round on TV—with correspondingly invited expertise (lawyers) or court reporters—about court decisions up to the Federal Court of Justice (BGH). If you have ever followed such a discussion, you will surely have noticed that even there, in the specific case, a consultation with a lawyer is often advised.

Any other interpretation of this sentence inevitably leads to a warning (which would be the cheapest alternative) or a hefty fine.


Rhineland greetings

yeah sure. But if you are involved in construction consulting etc. and provide information here, you could also be held liable....

Hardly, or only if it concerns legally specific, relevant contexts. Even specialist lawyers are overwhelmed by the technical details and rely on the help of experts. I support some specialist lawyers in matters of technical contract content; the legally relevant external framework is their part and responsibility! Therefore, I am very careful, for example, to present or recommend a contract draft or proposal to a builder. However, I have no hesitation regarding contract contents that are necessary from a technical perspective! ;-) Best regards

Legal services and legal advice must be distinguished here! Legal services imply a fee, yet one should of course exercise caution especially on the public www :)

Hello €uro,

Therefore, I cautiously avoid, for example, presenting or recommending a contractual draft or proposal to a client.

I have been offering the professional review of construction documents for quite some time; over the years, quite a bit of experience has accumulated. I "recognize" the weaknesses of a contract for work or also a notarial contract blindly. Nevertheless, it would never occur to me to incorporate the "role of the lawyer" into my work... if only because of the liability risk, if not for the lack of insight that there is suitable professional expertise for that :) For this reason, I recommend the path of legal counsel in cases where, in my view, a lawyer is a good choice. The same applies to moderation at the HBF.

When it comes to contractual contents necessary from a professional point of view, on the other hand, I have absolutely no reservations! ;-)

Ditto.

Rhenish greetings