Retired Judge May Counsel
am 05.08.2004 von German American Law Journal :: American Edition
CK - Washington. The Federal Supreme Court decided in an order, case number 1 BvR 737/00, on July 29, 2004 that a retired judge without admission to the bar or other permission to counsel in legal matters, such as under the Rechtsberatungsgesetz, the statute governing permission to work professionally as a legal advisor (RBG), is not criminally liable even in a persistent activity involving the representation and counsel of others free of charge.
The court noted that the statutory limitation of representation only by members of the bar or others authorized to advise in certain legal matters is constitutional. It also held that the court had not yet ruled on the commercial aspect of the prohibition. The statute renders criminal the provision of such services in a …
Judge May Defend Pro Hac Vice and Pro Bono
German American Law Journal :: American Edition / CJ - Washington. On March 9, 2006, the Constitutional Supreme Court in Karlsruhe announced its decision on a constitutional complaint of a retired appellate judge concerning his refused admission as criminal defense counsel, in the matter 2 B…
Of counsel / Briefkopftitel
Transblawg / Some lawyers on the letterheads of American law firms, and increasingly of English ones too, are described as being ‘of counsel’. On a letterhead it usually means a senior lawyer who is semi-retired. (In England, that used to be consulta…
Fees for Criminal Defense Counsel
German American Law Journal :: American Edition / MC - Washington. The Supreme Constitutional Court, Bundesverfassungsgericht , in Karlsruhe safeguards in its decision of March 30, 2004 the right to counsel and the exercise of the legal profession. Its recent redefinition of the mone…
Inviolability of Law Offices
German American Law Journal :: American Edition / CK - Washington. Searches of, and seizures in, law offices require enhanced constitutional scrutiny, the German Constitutional Supreme Court in Karlsruhe decided. In its press release of May 29, 2008, the court emphasizes the general inviolab…
Plea Bargains Legal
German American Law Journal :: American Edition / CK - Washington. The Senate for Criminal Matters at the Federal Supreme Court in Karlsruhe decided, en banc, that plea bargains are a legal concept despite the lack of a statutory foundation. It held that courts may not participate in the neg…
Statutory Legal Fees
German American Law Journal :: American Edition / J.G - Washington. In Germany, legal fees consist of attorney fees for out of court actions and litigation and of court costs. A lawsuit may extend to three instances--trial court, court of appeals and supreme court. At each lev…
Loser Pays Costs
German American Law Journal :: American Edition / J.G - Washington. In Germany, legal fees consist of attorney fees for out of court actions and litigation and of court costs. A lawsuit may extend to three instances--trial court, court of appeals and supreme court. At each lev…
New York Criminal Court Search
Handakte WebLAWg / This is an internal page of the New York State Unified Court System, which provides case searches and calendars for criminal cases in thirteen New York counties. For a case search all you need is the docket name, or a portion of the defendant name.…
Non-Compete Clause Upheld
German American Law Journal :: American Edition / CK - Washington. Under German law, non-competition clauses require ongoing payments for their validity beyond the term of employment. In a recent matter involving such a provision that lacked a specific mention of consideration, the Federal Su…
Stop the Impressum Craze
German American Law Journal :: American Edition / CK - Washington. The Supreme Court in Karlsruhe displayed common sense when it scrutinized the scope of statutory obligations to publish identifying information on certain web sites. On July 20, 2006, it rebuffed the pixel pickiness expressed…
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