The German system of legal education is often described as exemplary, and one that the Czech Republic should also strive to emulate. But what does the reality actually look like?
In Germany, there are around two hundred thousand fully qualified lawyers, i.e., individuals who have completed a law degree and subsequently, following practical training and the second state examination, have acquired the qualification to hold judicial office. In Germany, this qualification to hold judicial office is a prerequisite for entry into the legal professions.
For this reason, virtually every senior civil servant in public administration, every public prosecutor, notary and attorney has completed judicial training as part of the so-called ‘Referendariat’. This is a period of practical training which, in a sense, can be regarded as equivalent to the practical training of junior lawyers in the Czech Republic. However, the structure of this two-year practical training differs significantly from the Czech model.
The Referendariat is a state-run training programme comprising both theoretical and practical components. The skills acquired are regularly assessed through written examinations. During the Referendariat, the state covers the costs of health insurance and pays a monthly stipend. The aim is to provide a universal training programme that enables access to virtually all legal professions, even though the vast majority of lawyers enter private practise.
Consequently, there is ongoing debate in Germany as to whether this system still meets the demands of the modern age and whether law school graduates should not be trained more specifically for certain legal professions immediately after completing their studies, as is the case in the Czech Republic and other Member States of the European Union.
The state examination lasts for fourteen days
However, a fundamental reform of legal training is not currently on the horizon. A junior lawyer must therefore continue to assist a judge initially in order to familiarise themselves with the proceedings of a civil trial. Their duties include drafting judgments and other court decisions. Under supervision, they even preside over court hearings themselves.
A further placement takes place at the public prosecutor’s office. The junior lawyer’s work there consists mainly of drafting indictments for the public prosecutor assigned to them. In addition, the trainee lawyer appears in court during the main hearing as a representative of the public prosecutor’s office.
The training programme also takes the trainee into public administration for a certain period. This may be, for example, a local council office, a ministry, the police or another body responsible for public duties. As a rule, the trainee can choose where they wish to complete this part of their training. However, the theoretical lessons and written examinations focus primarily on work in local government. The duration and sequence of the individual stages of the legal traineeship vary depending on the federal state. The practical training in a law firm, which the trainee selects in advance, usually with the aim of later practising as an attorney there, is always the longest stage.
Upon completion of the practical training at the law firm, candidates must overcome the greatest hurdle standing between them and obtaining their professional qualification: the written part of the state examination. In Lower Saxony, for example, this lasts fourteen days and comprises eight five-hour written examinations involving practical tasks, such as drafting a judgment, an administrative decision, a penalty order, a statement of claim or a draft contract. The situation is similar in the other federal states. Candidates usually have to wait up to four months for the results before the final oral examination begins. Until then, trainee lawyers work in a legal profession of their choice, which allows for a certain degree of specialisation.
Although this system is occasionally criticised, it has proven its worth. Law graduates have the opportunity to familiarise themselves with various legal professions and discover which role best aligns with their personal interests and abilities. They do not have to decide immediately after graduating which profession they wish to pursue in the future, and can even change careers relatively easily during the course of their career.
Furthermore, it should not be underestimated that junior lawyers, judges, prosecutors or civil servants should familiarise themselves with the working practices of other legal professions. This is a great advantage for their future careers, whether as judges or attorneys. Czech junior lawyers often lack this experience.
The author is a German lawyer and works with the law firm Hartmanová & Steininger.