How can a UK lawyer work in Germany?

Jun 18, 2023

Written By John Toher

Following the United Kingdom’s exit from the EU single market and custom’s union on December 31 2020, the rights of UK lawyers working in the bloc changed overnight. Freedom of movement between the EU and UK came to an abrupt end, and with that the EU Lawyers Directive no longer applied to cross-border practice by UK lawyers and law firms. So, how can UK lawyers work in Germany now?

The situation in Germany for UK lawyers post-brexit

Germany has the largest economy in the EU and with that the largest EU legal market. It has the largest number of UK lawyers operating within its borders of any EU member state, including on a fly-in fly-out basis (flying workers in temporarily as opposed to a permanent relocation).

As of Jan 1 2021 UK lawyers are operating in Germany in a legal vacuum, as there is currently no law allowing UK lawyers to advise on UK or international law matters on a fly-in fly-out basis.

However, if we look at current practice with lawyers from other non-EU countries such as the United States, they have been practising legal services in Germany on a fly-in fly-out basis for some time without any enforcement action being taken.

So, in practice, this conduct seems to be permitted.

What can UK lawyers do in Germany?

UK lawyers are allowed to represent in arbitration, conciliation or mediation in Germany on a fly-in fly-out basis, as this is covered by civil procedure code and not the EU Lawyers Directive. This comes in handy if the firm you work for has clients in Germany, or offers a secondment there.

Keep in mind that a UK lawyer visiting a client in Germany and advising on non-German law would not need a licence to practise in Germany. However, providing advice on UK or international law, which you are charging for, would be considered work and therefore you would need a work permit to perform this service.

How can UK lawyers provide legal advice in Germany on a permanent basis?

UK lawyers can provide the functions set out above (advice on UK law, international law, arbitration etc.) on a permanent basis by acquiring foreign legal consultant status (FLC).

The most direct approach would be to register with a local bar as a foreign legal consultant (FLC) under Article 206 of the Federal Lawyers Act (Bundesrechtsanwaltsordnung – BRAO). To do so, you’ll need to be a qualified solicitor, and submit a certificate from the SRA stating you’re part of the legal profession. You’ll also need to secure the professional insurance coverage required of all German lawyers.

Importantly, FLCs cannot provide advice on German or EU law, or represent clients in German courts.

Working as an EU/EEA lawyer

UK residents who are either qualified or dual qualified as an EU/Swiss/EEA lawyer can register as a European lawyer in Germany. Following this, as permitted by the EU Lawyers Establishment Directive, you can requalify after three years practice.

Alternative options

It’s possible to become a lawyer, or rechtsanwalt, in Germany without being an EU lawyer. A few universities in the UK offer a dual English and German law degree. You’ll spend two years at a university in the UK, and two years at a university in Germany, receiving an LLB and a German law degree after four years of study.

If you’re already a qualified lawyer, however, you cannot requalify as a German lawyer without going through the German education system. You’ll need to complete a German law degree (which involves a state exam), then the Refendariat (two years practical training) and finally a second state exam.

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