Iranian Bar Associations

ATTORNEYSHIP LAW/CODE(Page 14)
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* The Federal Lawyer Act of Germany - section 4 of 5
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* The Federal Lawyer Act of Germany - section 4 of 5

BRAO 148 to 199

Part four
The securing of evidence

BRAO § 148
Order for the securing of evidence

(1) If disciplinary proceedings against a Rechtsanwalt are closed because the Rechtanwalt's
admission to the legal profession has expired or has been withdrawn, the decision, on the petition of the Public Prosecutor's office, may order the securing of evidence if it is likely that the Rechtsanwalt would have been excluded from the legal profession. This order may not be
challenged.

(2) The evidence shall be taken by the Lawyers' Disciplinary Court. The Lawyers' Disciplinary Court may entrust the taking of evidence to one of its members.

BRAO § 149
Proceedings

(1) The Lawyers' Disciplinary Court shall ex officio take all evidence which may elucidate whether the proceedings which have been closed would have led to the Rechtsanwalt being excluded from the legal profession. The scope of the proceedings shall be determined by the Lawyers' Disciplinary Court in due assessment of the circumstances, without it being bound by petitions; in this respect its orders may not be challenged.

(2) Witnesses shall be questioned under oath in as far as no exceptions are prescribed or permitted.

(3) The Public Prosecutor's office and the former Rechtsanwalt shall be party to the proceedings. The former Rechtsanwalt shall only have the right to be notified of the dates set for the securing of evidence if the former Rechtsanwalt is in a member state of the European Union or a state that is party to the Treaty Establishing the European Community and has notified his/her address to the Lawyers' Disciplinary Court.

(4) (repealed)

Part five
Ban on practising and acting as counsel as a provisional sanction

BRAO § 150
Preconditions for a ban

(1) If there are pressing grounds to believe that the court will order a Rechtsanwalt to be excluded from the legal profession, a provisional ban on practising and acting as counsel may be imposed on the Rechtsanwalt by way of a court order. § 118 para. 1 sentences 1 and 2 shall not apply.

(2) The Public Prosecutor's office may file a petition for a ban on practising or acting as counsel before the institution of proceedings before the Lawyers' Disciplinary Court. The petition must indicate what breach of duty the Rechtsanwalt is being accused of and provide details of the evidence.

(3) The court that shall have jurisdiction for the hearing and the decision shall be the court that takes a decision regarding the opening of the main proceedings against the Rechtsanwalt or the court before which disciplinary proceeding are pending.

BRAO § 150a
Proceedings to enforce a petition of a Public Prosecutor's office

If the Council of the Bar has made an application to the Public Prosecutor's office to file a petition for the imposition of a ban on practising or acting as counsel, § 122 shall apply accordingly. However the time limit referred to in § 122 para. 3 sentence 1 shall be two weeks and the time limit referred to in § 122 para. 3 sentence 2 for further activities on the part of the Public Prosecutor's office shall be one month.

BRAO § 151
The oral hearing

(1) The ruling imposing a ban on practising or acting as counsel may only be made on the basis of an oral hearing.

(2) The rules that are authoritative for the main proceedings before the court of decision shall apply accordingly to the summons and the oral hearing in as far as nothing to the contrary is set out in the provisions below.

(3) In the first summons the breach of duty of which the Rechtsanwalt is being accused shall be indicated by stating the substantiating facts; furthermore evidence must be adduced. However this shall not be necessary if the Rechtsanwalt has already been notified of the writ of accusation.

(4) The scope of the evidence shall be determined by the court in due assessment of the
circumstances, without it being bound by petitions of the Public Prosecutor's office or of the
Rechtsanwalt.

BRAO § 152
Voting on the ban

A majority of two thirds of the votes shall be necessary in order to impose a ban on practising or acting as counsel.

BRAO § 153
Ban following the main proceedings

If the court has taken a decision to exclude a Rechtsanwalt from the legal profession, it may confer and take a decision immediately after the main proceedings concerning the imposition of a ban against practising or acting as counsel. This shall also be the case if the Rechtsanwalt was absent from the main proceedings.

BRAO § 154
Service of the ruling

Reasons must be given for the ruling. It must be served on the Rechtsanwalt. If the Rechtsanwalt was absent when the ruling was pronounced, a copy of the ruling, without reasons, must also be served on the Rechtsanwalt immediately after the ruling has been pronounced.

BRAO § 155
Effects of the ban

(1) The ruling shall come into effect on its pronouncement.

(2) A Rechtsanwalt who has been banned from practising may not practise his/her profession.

(3) A Rechtsanwalt who has been banned from acting as counsel (§ 150 para. 1) may not act as representative and counsel, neither in person nor in written communications, neither before a court, before the authorities, before an arbitral tribunal nor vis-à-vis any other persons. Such a Rechtsanwalt may not grant powers of attorney or delegate such powers.

(4) However a Rechtsanwalt who has been banned from practising or acting as counsel may
represent his/her own interests, the interests of his/her spouse or life partner and his/her underage children in as far as representation by a Rechtsanwalt is not imperative.

(5) The validity of the Rechtanwalt's legal acts shall not be affected by a ban against practising or acting as counsel. The same applies to legal acts which are performed vis-à-vis the Rechtsanwalt.

BRAO § 156
Acts in contravention of a ban

(1) A Rechtsanwalt who knowingly acts in contravention of a ban against practising or acting as counsel shall be excluded from the legal profession, unless a milder sanction imposed by the Lawyers' Disciplinary Court seems adequate due to particular circumstances.

(2) Courts or authorities shall refuse to hear a Rechtsanwalt who appears before them in
contravention of a ban against practising or acting as counsel.

BRAO § 157
Appeal (Beschwerde)

(1) It shall be permissible to file an immediate appeal against a ruling of the Lawyers' Disciplinary Court or the Higher Lawyers' Court imposing a ban on practising or acting as counsel. The appeal shall have no suspensive effect.

(2) The Public Prosecutor's office shall have a right of immediate appeal against a ruling from the Lawyers' Disciplinary Court or the Higher Lawyers' Court refusing to impose a ban against
practising or acting as counsel.

(3) The decision concerning the immediate appeal shall be taken by the Lawyers' Disciplinary Court in as far as the ruling that is being challenged was pronounced by the Lawyers' Disciplinary Court. In as far as this ruling was pronounced by the Higher Lawyers' Court the decision concerning the appeal shall be taken by the Federal Supreme Court. In addition to the provisions of the Code of Criminal Procedure regarding appeals, the proceedings shall be governed by § 151 para. 1, 2 and 4 and §§ 152 und 154 of this Act in corresponding application.

BRAO § 158
Lifting of the ban

The ban against practising or acting as counsel shall be lifted,
1. if a judgment is pronounced to the effect that the Rechtsanwalt is not to be excluded from the legal profession;
2. if the opening of the main proceedings before the Lawyers' Disciplinary Court is refused.

BRAO § 159
Quashing of the ban

(1) The ban on practising or acting as counsel shall be quashed if it transpires that the preconditions for its imposition have not been met or are no longer met.

(2) The court that has jurisdiction to quash the ban shall be the court indicated in § 150 para. 3.

(3) If the Rechtsanwalt files a petition for the ban to be quashed, a new oral hearing may be ordered. The petition cannot be filed as long as no decision has been taken regarding an immediate appeal by the Rechtsanwalt under § 157 para. 1. No appeal shall be permissible against an order dismissing the petition.

BRAO § 159a
Three-month time limit

(1) As long as proceedings before the Lawyers' Disciplinary Court have not yet been instituted, a ban against practising or acting as counsel may only be upheld for longer than three months if the particular difficulty or scope of the investigations or another important reason do not yet allow proceedings to be instituted before the Lawyers' Disciplinary Court and justify the continuation of the ban.

(2) In the cases set out in para. 1 the ban shall be quashed after the three months if the Higher Lawyers' Court does not order the ban to be continued.

(3) If the files are submitted to the Higher Lawyers' Court before the expiry of the time limit set out in para. 2, the set term shall be interrupted until the court has reached a decision.

BRAO § 159b
Review of the continuation of the ban

(1) In the cases set out in § 159a the Lawyers' Disciplinary Court, through the mediation of the Public Prosecutor's office, shall submit the files to the Higher Lawyers' Court in order for a decision to be taken if the court considers it necessary for the ban to be continued or the Public Prosecutor's office has filed a petition for its continuation.

(2) The Rechtsanwalt must be given a hearing before the decision is taken by the Higher Lawyers' Court.

(3) The Higher Lawyers' Court must review the continuation of the ban by no later than three months, as long as disciplinary proceedings have not yet been instituted.

BRAO § 160
Notification of the ban

(1) The ruling imposing a ban on practising or acting as counsel shall be promptly notified to the Regional Judicial Administration and the President of the Bar in the form of a certified copy.

(2) Furthermore a certified copy of the wording of this ruling must be sent to the court where the Rechtsanwalt is admitted and to the Local Court in the locality where the Rechtsanwalt has his/her place of residence. If the Rechtsanwalt also belongs to a Chamber of Notaries, a certified copy must also be sent to the Council of the Chamber of Notaries.

(3) If the ban on practising or acting as counsel is no longer in force or if it is quashed or modified, para.s 1 and 2 shall apply accordingly.

BRAO § 161
Appointment of a representative

(1) Should it be necessary to do so, the Regional Judicial Administration shall appoint a
representative for a Rechtsanwalt against whom a ban on practising or acting as counsel has
been imposed. Before the appointment is made, the opinion of the Council of the Bar must be
sought and the Rechtsanwalt must be given a hearing. The Rechtsanwalt may suggest a suitable representative.

(2) § 53 para. 4, para. 5 sentences 3 and 4, para.s 7 to 10 shall apply accordingly.
(3) to (5)

BRAO § 161a
Limited ban on acting as counsel

(1) If there are pressing grounds to believe that a sanction will be imposed on a Rechtsanwalt under § 114 para. 1 no. 4, a ruling may be made imposing a provisional ban prohibiting the Rechtsanwalt from acting as representative and counsel in certain areas of law.

(2) § 150 para. 1 sentence 2, para.s 2, 3, §§ 150a to 154, § 155 para. 1, 3 to 5, § 156 to 160 shall apply accordingly.

Chapter eight
The Bar at the Federal Supreme Court

Part one
General

BRAO § 162
Corresponding application of provisions

Chapters One to Seven of this Act shall apply to the members of the Bar at the Federal Supreme Court in a far as nothing in particular is set out in the following provisions.

BRAO § 163
The jurisdiction of the Federal Ministry of Justice and the Federal Supreme Court

In a far as duties are assigned to the Regional Department for Justice under Chapter One and
Chapter Seven of this Act, the Federal Ministry of Justice shall stand in its stead. The Federal Supreme Court shall stand in lieu of the Higher Lawyers' Court and the Lawyers' Disciplinary Court. The Federal Public Prosecutor at the Federal Supreme Court shall perform the duties of the Public Prosecutor's office.

Part two
Admission as a Rechtsanwalt before the Federal Supreme Court

BRAO § 164
Special requirements for admission

Only a person who has been nominated by the Electoral Committee for Rechtsanwنlte at the Federal Supreme Court may be admitted as a Rechtsanwalt before the Federal Supreme Court.

BRAO § 165
Electoral Committee for Rechtsanwنlte at the Federal Supreme Court

(1) The Electoral Committee shall consist of the President and the Senate President of the Civil Senates of the Federal Supreme Court and also of the members of the Presidency of The German Federal Bar and the Presidency of the Bar at the Federal Supreme Court.

(2) The Electoral Committee shall be chaired by the President of the Federal Supreme Court. The President shall convene the Electoral Committee.

(3) The invitation must include the agenda for the meeting of the Electoral Committee and be sent to the members at least one week prior to the meeting.

(4) The meetings shall be held in camera.

(5) Minutes shall be taken of each meeting.

BRAO § 166
List of proposed candidates for election

(1) The election shall be held on the basis of lists of proposed candidates.

(2) Lists of proposed candidates may be submitted by
1. The German Federal Bar on the basis of proposals from the regional Bars,
2. the Bar at the Federal Supreme Court.

(3) The lists of proposed candidates may only include persons who have reached the age of thirty-five and who have been practising as Rechtsanwنlte for an uninterrupted period of at least five years.

BRAO § 167
Review by the Electoral Committee

(1) The Electoral Committee shall ascertain whether the person proposed has the qualifications and the personal qualities required in order to exercise rights of audience before the Federal Supreme Court.

(2) To prepare the election the Electoral Committee shall appoint two of its members as reporters.

BRAO § 167a
Inspection of files

(1) A Rechtsanwalt who is included in the list of proposed candidates has the right to inspect the minutes of the Electoral Committee.

(2) The personal, professional and financial circumstances of the Rechtsanwalt shall be the subject a special report which the Rechtsanwalt has the right to inspect.

(3) § 58 para.s 2 and 3 shall apply accordingly.

BRAO § 168
Decision of the Electoral Committee

(1) The Electoral Committee shall form a quorum if the majority of both the members of the Federal Supreme Court and the members of the Presidencies of The German Federal Bar and the Bar at the Federal Supreme Court are present. It shall take a decision through a simple majority of the votes cast. Voting shall be held by secret ballot.

(2) From the list of proposed candidates the Electoral Committee shall nominate twice the number of Rechtsanwنlte that its members consider to be qualified to exercise rights of audience before the Federal Supreme Court.

(3) Nomination shall not give an applicant the right to be admitted before the Federal Supreme Court.

BRAO § 169
Notification of the results of the election

(1) The Chairperson of the Electoral Committee shall notify the Federal Ministry of Justice of the results of the elections.

(2) The applications of the Rechtsanwنlte nominated by the Electoral Committee for admission before the Federal Supreme Court shall be attached to the notice.

BRAO § 170
Decision concerning the application for admission

(1) The Federal Ministry of Justice shall take a decision regarding the application for admission before the Federal Supreme Court.

(2) The decision concerning the application for admission may be stayed for one of the reasons set out in § 33 para. 2.

(3) The opinion of the Council of the Bar at the Federal Supreme Court shall only be sought if
reservations exist concerning admission.

(4) § 166 para. 3 shall apply accordingly as regards admission.

BRAO § 171
The exclusivity of rights of admission

A Rechtsanwalt at the Federal Supreme Court may not concurrently be admitted before another court. Part three The special rights and duties of Rechtsanwنlte who are admitted before the Federal Supreme Court

BRAO § 172
Restriction on appearing before other courts

(1) Rechtsanwنlte who have rights of audience before the Federal Supreme Court may only appear before the Federal Supreme Court, the other highest courts of the Federal Republic, the Joint Senate of the highest courts and before the Federal Constitutional Court. This shall not affect the right to appear before an international court or a common court for several countries.

(2) In proceedings before a requested judge these Rechtsanwنlte may also appear before other courts if the request comes from one of the courts mentioned in paragraph 1.

BRAO § 172a
Partnerships

Rechtsanwنlte who have rights of audience before the Federal Supreme Court may only form a partnership amongst each other. Such a partnership may only comprise two Rechtsanwنlte.

BRAO § 173
Appointment of a deputy and a liquidator to wind up the law practice

(1) If a Rechtsanwalt requires a deputy, as demanded in the cases set out in § 53 para. 1, and cannot find such a person himself/herself, the deputy shall be appointed by the Federal Ministry of Justice.

(2) The deputy appointed by the Federal Ministry of Justice must be a Rechtsanwalt who has reached the age of thirty-five and who has been practising as a Rechtsanwalt for an uninterrupted period of at least five years.

(3) Para. 2 shall apply accordingly as regards the appointment of a liquidator to wind up the law practice (§ 55). If the Bar proves to the Federal Supreme Court that provision has been made for dealing with ongoing cases in such a way that a person seeking access to justice is not placed in a worse position than he/she would have been in if applying § 55, no liquidator shall be appointed.

Part four
The Bar at the Federal Supreme Court

BRAO § 174
Composition and Council

(1) Rechtsanwنlte who have rights of audience before the Federal Supreme Court shall form the Bar at the Federal Supreme Court.

(2) The number of members on the Council shall be determined by the Bar's rules of procedure. § 63 para. 2 shall not apply.

Chapter nine
The German Federal Bar

Part one
General

BRAO § 175
Composition and seat of The German Federal Bar

(1) The regional Bars shall amalgamate to form The German Federal Bar.

(2) The seat of The German Federal Bar shall be determined through its by-laws.

BRAO § 176
Status of The German Federal Bar

(1) The German Federal Bar is a public corporation.

(2) The German Federal Bar shall be state-regulated by the Federal Ministry of Justice. Such
regulation shall be limited to ensuring that the law and the by-laws are observed and in particular that the duties assigned to The German Federal Bar are performed.

BRAO § 177
The duties of The German Federal Bar

(1) The German Federal Bar shall perform the duties assigned to it by law.

(2) The German Federal Bar shall particularly have the following duties,
1. to ascertain the opinions of the regional Bars and to discover the opinion of the majority through joint discussions, in as far as matters exist which concern all regional Bars;
2. to set out guidelines for the welfare institutions of the regional Bars (§ 89 para. 2 no. 3);
3. to put forward the opinion of The German Federal Bar to the courts and the authorities which have jurisdiction in all matters which concern all regional Bars;

4. to represent all regional Bars vis-à-vis the authorities and organisations;
5. to submit opinions which have been requested by an authority or corporation of the Federal
Government that is involved in passing legislation or to submit reports that have been requested by a federal court;
6. to further the continuing professional development of Rechtsanwنlte;

BRAO § 178
Dues payable to The German Federal Bar

(1) The German Federal Bar shall collect dues from the regional Bars for the purpose of meeting personal and material requirements.

(2) The rates for such dues shall be set by the General Assembly.

(3) The General Assembly may grant relief to regional Bars in less fortunate financial circumstances.

Part two
The constituent bodies of The German Federal Bar

1. The Presidency

BRAO § 179
Composition of the Presidency

(1) The German Federal Bar shall have a Presidency.

(2) The Presidency shall consist of
1. the President,
2. at least three Deputy Presidents,
3. the Treasurer.

(3) The Presidency shall adopt rules of procedure.

(4) The General Assembly may nominate further Deputy Presidents for appointment.

BRAO § 180
Elections to the Presidency

(1) The Presidency of The German Federal Bar shall be elected by the General Assembly from amongst its midst. A President who is a member of the Council of a regional Bar is eligible for reelection.

(2) Further details shall be set out in the by-laws of The German Federal Bar.

BRAO § 181
Right to decline to serve if elected

Election to the Presidency may be declined if the person in question,
1. has reached the age of sixty-five;
2. has been a member of the Presidency for the last four years.

BRAO § 182
Term of office and premature retirement from office

(1) The members of the Presidency shall be elected for a term of four years.
(2) If a member prematurely retires from the Presidency a new member shall be appointed for the remainder of the former member's term of office.

(3) A Rechtsanwalt shall prematurely retire as a member of the Presidency,
1. if the Rechtsanwalt retires from the office of President of a regional Bar; the President of The German Federal Bar, however, shall only retire from this office if he/she is no longer a member of the Council of a regional Bar;
2. if the Rechtsanwalt resigns from office.
The Rechtsanwalt must submit a written statement of resignation to the Presidency. The statement of resignation may not be revoked.

BRAO § 183
Serving on the Presidency in an honorary capacity

The members of the Presidency shall serve on a gratuitous basis. However they shall be paid reasonable compensation for the expenses incurred in rendering their services and reimbursement for travelling expenses.

BRAO § 184
Duty to maintain confidentiality

§ 76 shall apply accordingly regarding the duty of the members of the Presidency and the employees of The German Federal Bar to maintain confidentiality.

BRAO § 185
Duties of the President

(1) The President shall represent the German Federal Bar both in and out of court.

(2) The President shall arrange the business of The German Federal Bar and of the Presidency. The President shall execute the resolutions of the Presidency and of the General Assembly.

(3) The President shall chair the meetings of the Presidency and of the General Assembly.

(4) The President shall submit an annual report to the Federal Ministry of Justice regarding the
activities of The German Federal Bar and of the Presidency. Furthermore the President shall
notify the Federal Ministry of Justice of the results of elections to the Presidency.

(5) The President may be assigned further tasks in the by-laws of The German Federal Bar.

BRAO § 186
Duties of the Treasurer

(1) The Treasurer shall manage the assets of The German Federal Bar in accordance with the
instructions of the President. The Treasurer shall have the right to receive monies.

(2) The Treasurer shall provide an annual account to the General Assembly concerning receipts and expenditure and the management of the assets.

2. The General Assembly

BRAO § 187
The Assembly of the members

The German Federal Bar shall periodically take resolutions at its General Assembly.

BRAO § 188
Representatives of the regional Bars at the General Assembly.

(1) The regional Bars shall be represented at the General Assembly by their Presidents.
(2) The President of a regional Bar may be represented by another member of the Council.

BRAO § 189
Convocation of the General Assembly

(1) The General Assembly shall be convened in writing by the President. The President must
convene the General Assembly if at least three regional Bars apply for this in writing stating the subject matter to be discussed.

(2) When the Assembly is convened, it shall be necessary to indicate the matter that is to form the subject of a resolution at the General Assembly.

(3) The General Assembly shall be convened at least three weeks before the date on which it is to meet. The date on which the invitation is sent out and the date of the General Assembly shall not be included when calculating the three weeks.

(4) In urgent cases the President may convene the General Assembly at shorter notice. The provision in para. 2 need not be observed.

BRAO § 190
Resolutions passed at the General Assembly

(1) Each regional Bar shall have one vote.
(2) The rules determining when the General Assembly shall form a quorum shall be set out in the bylaws.

(3) The resolutions of the General Assembly shall be taken by a simple majority of the votes cast in as far as nothing to the contrary is set out in the by-laws. The same applies to the elections to be held by the General Assembly. If there is a parity of votes in an election, the election shall be decided through a draw.

(4) The General Assembly may only pass resolutions which would impose a financial burden on the regional Bars if there is unanimity. However this shall not apply to the resolutions setting the dues of the regional Bars and the amount paid in compensation for expenses and reimbursement of travelling expenses for the members of the Presidency.

(5) Minutes shall be taken of the resolutions of the General Assembly and the results of elections. They shall be signed by the Chairperson and by a Deputy President acting as Secretary.

3. The invalidity of elections and resolutions

BRAO § 191
Preconditions for invalidity and proceedings before the Federal Supreme Court
(1) Elections or resolutions of the Presidency or the General Assembly may be declared invalid or null and void by the Federal Supreme Court at the petition of the Federal Ministry of Justice if they have been taken in breach of the law or of the by-laws or if their contents are inconsistent with the law or the by-laws.

(2) The petition may also be made by a regional Bar, but in relation to a resolution only if the Bar's rights have been violated by such a resolution.

(3) § 91 shall apply accordingly.

4. The Satutory Assembly

BRAO § 191a
Establishment and duties

(1) A Satutory Assembly shall be established at The German Federal Bar.

(2) As by-laws the Statutory Assembly shall adopt a professional code of conduct for practising the profession of a Rechtsanwalt, giving due consideration to a Rechtsanwalt's professional duties and in observance of the provisions set out in § 59b.

(3) The Statutory Assembly shall adopt rules of procedure.

(4) The President of The German Federal Bar and the Presidents of the regional Bars shall be nonvoting members of the Statutory Assembly; the members to be elected by the Assembly of Bar in accordance with § 191b shall have the right to vote.

BRAO § 191b
Election of the voting members of the Statutory Assembly

(1) The number of voting members of the Statutory Assembly shall be calculated according to the number of members of the regional Bars. For each 1,000 members, or a part thereof, one member shall be elected to the Statutory Assembly. The number of members on the first of January of a year in which elections are held shall be decisive.

(2) The voting members of the Statutory Assembly shall be elected by the members of the regional Bars from the group of proposed members in a secret and direct election by postal ballot. The proposals for the election must be signed by at least ten members of the Bar. Proposals for election with regard to the members of the Bar at the Federal Supreme Court must be signed by at least three members. The applicants with the majority of votes shall be elected.

(3) § 65 nos. 1 and 3, §§ 66, 67, 68 para. 1, § 69 para.s 1, 2 and 4, §§ 75, 76 shall apply accordingly. If a voting member retires from the Statutory Assembly, the member of the Bar who has not been voted in, but has the next highest number of votes shall join the Statutory Assembly.

BRAO § 191c
Convocation and voting rights

(1) The Statutory Assembly shall be convened in writing by the President of The German Federal Bar.

(2) The President of The German Federal Bar must convene the Statutory Assembly if at least five regional Bars or a quarter of the members who have the right to vote at the Statutory Assembly apply for this in writing indicating the subject matter that is to be dealt with at the meeting of the Statutory Assembly. Further procedure shall be governed in corresponding application of § 189.

BRAO § 191d
Chairing the meeting, passing resolutions

(1) The Statutory Assembly shall be chaired by the President of The German Federal Bar. The
Chairperson shall select a Secretary from the members of the Assembly.

(2) The Statutory Assembly shall form a quorum if three fifths of its voting members are present.

(3) The resolutions regarding the code of professional conduct shall be taken with a majority of the votes cast by all the members who have the right to vote. Other resolutions shall be taken by a majority of the voting members who are present at the meeting. Every member shall have one vote, shall not be bound by instructions and may only exercise his/her right to vote in person. Voting by proxy shall not be permitted.

(4) The wording of the resolutions passed by the Statutory Assembly shall be recorded in minutes that shall be signed by the Chairperson and the Secretary and kept at the office of The German Federal Bar.

(5) The resolutions passed by the Statutory Assembly shall come into force on the first day of the third month that follows their publication in the press journals for announcements of The German Federal Bar.

BRAO § 191e
Review of resolutions of the Statutory Assembly by the Supervisory Authority

The by-laws shall come into force three months after they have been sent to the Federal Ministry of Justice in as far as the Federal Ministry of Justice does not overrule the by-laws or parts of thereof.

Chapter ten
Costs in matters concerning the legal profession

Part one
The fees of the Judicial Administration

BRAO § 192
Fees for admission to the legal profession and admission before a court.

(1) For admission to the legal profession (§§ 6, 12) and initial admission before a court (§ 18 para. 2, § 19) a fee of 130 euro shall be charged irrespective of whether the Rechtsanwalt is admitted before one or several courts. For Rechtsanwaltsgesellschaften the fee for admission is 500 euro.

(2) A separate fee of 60 euro shall be charged for each further admission before a court.

(3) If admission to the legal profession or admission before a court are refused or if the application (§§ 6, 19) is withdrawn, the fee is 30 euro. The same applies in the cases set out in § 8a para. 3, § 9 para.s 3 and 4. For Rechtsanwaltsgesellschaften the fee is 150 euro.

BRAO § 193
Fee for appointing a deputy

(1) A fee of 25 euro shall be charged for the appointment of a deputy (§§ 47, 53 para. 2 sentence 2, para.s 3 and 5, sections 161, 173 para. 1).

(2) No fee shall be charged for the appointment of a liquidator to wind up a law practice (§§ 55, 173 para. 3).

BRAO § 194
Due date of payment, reduction or waiver of the fees

(1) The fees set out in §§ 192 and 193 shall be due for payment at the end of the
official act for which a fee is payable. They may also be demanded at an earlier date.

(2) For reasons of fairness the fees may be waived in part or in full.

Part
Two

Costs in disciplinary proceedings and in proceedings in the case of applications for a
decision from the Lawyers' Disciplinary Court against the threat or the imposition of a
fine or concerning a reprimand

BRAO § 195
No fee, disbursements

No fees shall be charged for disciplinary proceedings and proceedings in the case of a petition to the Lawyers' Disciplinary Court against the threat or the imposition of a fine (§ 57 para. 3) or concerning a reprimand (§ 74a para. 1). Only the disbursements shall be charged for in accordance with the Court Costs Act (Gerichtskostengesetz).

BRAO § 196
Costs in the case of petitions for the institution of proceedings before a Lawyers' Disciplinary
Court

(1) A Rechtsanwalt who withdraws a petition for a court decision regarding the decision of the Public Prosecutor's office (§ 123 para. 2) shall be charged the costs incurred in such proceedings.

(2) If a petition of the Council of the Bar for a court decision is rejected in the cases set out in § 122 para.s 2 and 3, § 150a or § 161a para. 2, the costs incurred in the proceedings regarding the petition shall be charged to the Bar.

BRAO § 197
The duty of the convicted person to bear the costs

(1) A Rechtsanwalt who is convicted in proceedings before a Lawyers' Disciplinary Court shall bear part or all of the costs of the proceedings. This shall also be the case if disciplinary proceedings are closed on the ground of the expiry, withdrawal or revocation of admission to the legal profession and the imposition of a disciplinary sanction would have been justified judging by the outcome of the proceedings so far; in this case the costs of the disciplinary proceedings shall also include the costs that are incurred in subsequent proceedings for the purpose of securing evidence (§§ 148, 149) . If proceedings are closed under § 139 para. 3 no. 2, the court may order the Rechtsanwalt to pay part or all of the costs of the proceedings if the court considers this to be reasonable.

(2) A Rechtsanwalt who has withdrawn an appeal to a higher court in disciplinary proceedings or who has been unsuccessful in making such an appeal shall be ordered to pay the costs incurred in such proceedings. If the appeal to a higher court was partially successful, the Rechtsanwalt may be ordered to pay a reasonable proportion of these costs.

(3) Para. 2 shall apply accordingly regarding the costs that have been incurred in connection with a petition for the re-opening of proceedings that have been closed through a final judgment.

BRAO § 197a
Liability to pay the costs of proceedings in the case of petitions to a Lawyers' Disciplinary

Court against the threat or the imposition of a fine or concerning a reprimand
(1) If the petition to the Lawyers' Disciplinary Court against the threat or the imposition of a fine or concerning a reprimand is dismissed as being unjustified, § 197 para. 1 sentence 1 shall apply accordingly. If the Lawyers' Disciplinary Court finds that the reprimand is invalid due to the imposition of a sanction by the Lawyers' Disciplinary Court (§ 74a para. 5 sentence 2) or if it overrules the reprimand in accordance with § 74a para. 3 sentence 2, the court may order the Rechtsanwalt to pay part or all of the costs of the proceedings if it considers this to be reasonable.

(2) If the Rechtsanwalt withdraws the petition to the Lawyers' Disciplinary Court or if the petition is dismissed as being inadmissible, § 197 para. 2 sentence 1 shall apply accordingly.

(3) If the threat or the imposition of a fine is quashed, necessary disbursements made by the
Rechtsanwalt shall be charged to the Bar. The same applies if the notice of a reprimand is
overruled (except in the case set out in § 74a para. 3 sentence 2) or if it is found that the
reprimand is invalid on grounds of the Rechtsanwalt being acquitted in the disciplinary
proceedings or for the reasons stated in § 115a para. 2 sentence 2 (§ 74a para. 5 sentence 2).

BRAO § 198
Liability of the Bar

(1) Costs that are charged neither to the Rechtsanwalt nor to a third party or which cannot be
collected from the Rechtsanwalt shall be charged to the Bar to which the Rechtsanwalt belongs.

(2) In the proceedings before the Lawyers' Disciplinary Court the Bar shall be liable for compensating the witnesses and experts to the same extent as the public treasury is liable under the Code of Criminal Procedure. If these persons are summoned to a place far away from their place of residence, they shall be granted an advance on application.

BRAO § 199
Setting the costs of the proceedings before the Lawyers' Disciplinary Court

(1) The costs that a Rechtsanwalt has to bear in proceedings before the Lawyers' Disciplinary Court shall be set through a resolution of the Presiding Judge of the division of the Lawyers' Disciplinary Court.

(2) The Rechtsanwalt may lodge a special appeal against the ruling setting the costs within an
emergency time limit of two weeks. The set term shall start to run when the ruling is served.
The court that shall have jurisdiction regarding the special appeal shall be the Lawyers'
Disciplinary Court whose Presiding Judge has pronounced the ruling. The Rechtsanwalt may file an immediate appeal against the decision of the Lawyers' Disciplinary Court.
Part three The cost of proceedings in the case of petitions to a court in matters
concerning admission and regarding elections and court rulings
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