Der Rechtsanwalt als Unternehmer und Organ der Rechtspflege

German law qualifies attorneys (Rechtsanwälte) as an “organ” of the Justice system. This is even stronger than “officer of the court” or “auxiliaire de justice” in other legal systems. On the other hand, whereas judges are funded by the state, lawyers in private praxis must earn their living through entrepreneurship. Therefore, there is an inevitable tension between the role as organ of the Justice system and the necessity or wish to be a successful business person. This tension increased steadily over the last hundred years. The number of lawyers admitted to the bar was multiplied by more than ten, state borders were no longer a protection against aggressive competition, investment in costly equipment required adequate funding, rules restricting competition were abolished, so that business minded decision making became a necessity. On the other hand, experience has shown that even in Western style democratic societies the rule of law and fundamental freedoms can be at stake at any time. Numerous examples can be cited. The voice of a single lawyer is too weak for the protest to be heard. It is different when the bar collectively raises its voice to alert against threats to the rule of law. In our democracies, the legal profession is strong enough not to be overheard when bars or law societies articulate their concerns. The credibility of those professional bodies requires democratic and transparent structures and decision-making processes. Therefore, to speak with the German legislator, it is not only the individual lawyer who is an organ of the Justice system, but the profession as a whole.