Pillars of Law
If you believe you are in need of counsel, understanding what type of lawyer you will need is always a great place to start. There are many fields of law - and although in Germany, someone who is trained as a lawyer or ‘Rechtsanwalt; can technically represent you in most cases, you are much better off finding someone who is specialized in the field you are seeking support within.
In Germany there are two pillars of the law:
Public Law: Any cases that are between you and the state/government. If what you are having a dispute over is something that is maintained by the government such as Tax Law, Traffic Law or Criminal Law - that would all fall under the jurisdiction of public law.
Private Law: Cases between you and other people (or legal entities that operate as people, such as a company)If you are having a dispute between you and another person, perhaps a divorce, civil dispute, or between an entity like your former employer, this would be considered a private law matter.
Note: Labor law is special because although it is technically private law, the state has many ways in which it influences the parameters of these legalities. For example: minimum wage, minimum vacation days, maximum working hours, maternity rights, and so forth. You can read more about all of these Acts throughout the website.
Some other common distinctions are shared below:
Labor Law: Anything having to do with employer or employee relations would fall under the category of labor law. This can be anything from pay disputes to unlawful terminations. Germany happens to have one of the world’s most extensive doctrines around labor law, with a lot of protections for the employee.
Criminal Law: Breaking what most of us would see as basic laws to keep peace and order would fall under the large umbrella of criminal law. You would need a lawyer if the case is related to violence, theft, sexual or discriminatory misconduct, drugs, etc.
Corporate Law: When creating a company, handling contracts, and setting up systems to ensure regulatory business practices are being followed, a corporate lawyer is good to have on hand.
Tax Law: The topic of taxes - particularly in a country like Germany - can sometimes be hard to navigate. If you ever get in trouble with the Finanzamt with regards to taxes owed, and your tax advisor is unable to support any further, a lawyer with speciality in tax law could be the solution.
IP Law: Have an idea you want protected? Want to ensure that you and your new business partner are on the same page about the tech solution you’ve built? Then it could be wise to consult with an IP lawyer. Protecting your assets - including your ideas - can be important to securing your own financial future. You can read more about how your ideas are handled in the scope of the Employee Inventions Act here.
If you think you know the type of lawyer you need for the case at hand, you can search online and through certain forms to find the person that’’s right to represent you. Otherwise, we are currently in the process of easing this for you! If you have any feedback on what we can do as a company to make finding a lawyer easier, feel free to reach out on our contact page.