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GAZETTE
JUNE
1992
Association), Doctor Gunter
Shardey, described the structure of
the legal profession in Germany and
the problems and challenges that had
been posed by unification.
The Deutscher Anwalt Verein had
assisted its new colleagues from
the former GDR by providing
training including opportunities for
those lawyers to undergo practical
periods of work experience in West
German law firms in order to help
them to adapt to the new legal
system.
Doctor Shardey said that unification
had created a greater demand than
ever for lawyers in Germany and, of
course, there were opportunities for
Irish lawyers to get into business in
Germany.
Opportunities for Foreign
Lawyers
Doctor Ingo Kober, State Secretary
in the Federal Ministry for Justice,
said that, despite the considerable
differences that had existed at the
time of unification, the legal
profession had consistently come out
in favour of mutual integration and
the means to achieve this had been
set out in the Unification TVeaty.
"The basic arrangement takes the
line that all lawyers should retain
their admission to the profession,
should enjoy the same rights and
obligations, and be permitted also to
be active professionally in the
territory of what used to be the
'other' Germany."
Doctor Kober then turned towards
the opportunities for foreign lawyers.
"Upon creation of German unity,
the entire territority of the Federal
Republic of Germany became a
member of the European
Community. For lawyers from the
EC Members States that means that
the freedom of movement under
Community law applies now to the
whole of Germany.
"German law itself is also, I feel,
generous in the options it affords
European lawyers wishing to set up
in business in Germany. Lawyers
from other EC Member States have
the right to become members of the
Lawyers Professional Association so
that they - as their German
colleagues - are subject only to
supervision from their own
profession. They work under the
professional title applicable in their
home country and are restricted to
giving legal advice and providing
legal representation based on their
own domestic law, European
Community law and other
international law. They are free to
co-operate professionally with
German lawyers or with colleagues
of the same status from other
States."
The Conference was also addressed
by former EC Commissioner, Peter
Sutherland SC and the Irish
Ambassador to Germany, His
Excellency Padraic Murphy.
Summaries of their presentations will
be published in a future issue of the
Gazette.
Commenting on the Conference,
Adrian Bourke, President of the Law
Society, said: "The presence in
Berlin of Irish lawyers from North
and South, barristers and solicitors,
was very much appreciated by
German legal bodies, and by the
German Government. The quality of
the speakers, and the depth of their
content, on the eve of European
union, was a source of constant
comment, and was a signal to a
major European partner of our
interest in those areas, and of our
anxiety to be seen to take a real role
in the work of the Community and
in the business which is to be done
durihg and after the coming into
effect of the Maastricht TVeaty. It
would be my personal hope that
there is a directional force indicated
by the success of this Conference,
which should be followed by the Law
Society from time to time. I express
deep appreciation to the speakers, to
the Organising Committee and to
the fantastic participants from the
Bar and from the solicitors
profession, who made it all
possible."
•
Before unification, said Doctor
Shardey, there were only 600 lawyers
in East Germany, Now in Germany
as a whole there were about 65,000
practising lawyers of which
approximately 3,500 were established
in the former East Germany. The
number of lawyers from West
Germany who were establishing in
the new East German States was
increasing all the time, he said.
While former GDR lawyers had
dealt mainly with family and
criminal law, commercial law was
now the crucial area.
Frank Murphy, Gleeson McGrath Baldwin and former President of the Law Society,
Moya Quintan, at the reception before the Conference Dinner and Dance.
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