Pro Bono Practice and Opportunities in Germany

The provision of legal services is regulated by several key laws and rules, which include the

1. Federal Lawyer´s Act (Bundesrechtsanwaltsordnung, “BRAO”)^[4], which sets out the general provisions for admission to the bar and the practice of law in Germany;
2. Federal Attorneys Services Act (Rechtsdienstleistungsgesetz, “RDG”) ^[5] , which specifies who is authorized to provide various types of out-of-court legal services;
3. Ordinance for the Legal Profession (Berufsordnung für Rechtsanwälte, “BORA”)^[6] , which establishes rules for professional conduct of lawyers; and
4. Federal Attorneys Compensation Act (Rechtsanwaltsvergütungsgesetz, “RVG”)^[7], which provides statutory fees applicable unless an alternative fee arrangement, such as hourly rates, is agreed upon with clients.

These laws and rules apply to private practice lawyers, as well as in-house counsel (Syndikusrechtsanwälte). However, in-house counsel are restricted under sec. 46 para. 5 sentence 1 BRAO to advising and representing only in legal matters of their employer.

For foreign-qualified lawyers from the European Economic Area (EEA) and Switzerland practicing in Germany, the Act on the Activities of European Attorneys (Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland, “EuRAG”)^[8] is applicable.

Pro bono legal services may also be provided by non-lawyers, such as law students, but they must be supervised by a qualified lawyer as per sec. 6 para. 2 RDG. ^[9] The provision of legal services is regulated by a structured process ^[10] that requires individuals to become fully licensed lawyers (Rechtsanwälte). This involves completing two major state examinations (Staatsexamen) and a two-year paid, practical legal clerkship (Referendariat) under supervision.

After successfully passing both exams, individuals must apply for admission to the local Bar Association (Rechtsanwaltskammer). As part of this application, they must provide proof of their qualifications, a clean criminal record, and professional liability insurance.

There are no explicit laws or rules regulating pro bono legal services in Germany. The provision of pro bono legal services falls under the same rules and regulations as the provision of fee-based legal services.^[11]

While sec. 49b para. 1 sentence 1 BRAO ^[12] generally prohibits fees lower than those prescribed by the RVG, flexibility exist for indigent clients (sec. 49b para. 1 sentence 2 BRAO) and out-of-court legal services (sec. 4 para. 1 RVG ^[13] )

Lawyers do not need a separate license to provide pro bono legal services beyond their admission to the local bar.

Foreign-qualified lawyers permitted to practice law in Germany do not need an additional license for pro bono legal services.

There are no legal requirements for a minimum number of pro bono hours for lawyers in Germany.

Aspiring lawyers are not required to complete pro bono hours to become licensed in Germany.

There are no mandatory or aspirational pro bono hours targets set by the local bar, regulatory bodies, or Pro Bono Deutschland in Germany.

There is no concept of “Continuing Legal Education” (CLE) or any equivalent requirement for maintaining the general license to practice law in Germany.

While pro bono is not formally credited in any regulatory sense, some firms treat pro bono time as billable-equivalent hours (counted toward internal performance targets) or recognise pro bono hours as professional development in internal appraisal frameworks.

Lawyers are generally required to maintain professional liability insurance as per sec. 51 BRAO^[14], which typically covers pro bono legal work ^[15], although coverage specifics depend on the individual insurance policy.

In-house counsel are restricted under sec. 46 para. 5 sentence 1 BRAO to advising and representing only in legal matters of their employer. If an in-house lawyer wants to do pro bono work independently, they must ensure they have their own professional liability insurance that covers such activities; or they could partner with a law firm or pro bono organisation (like a legal clinic) that provides umbrella insurance for volunteers.

Lawyers can advertise their pro bono services and hours but need client consent to name pro bono clients (cf. sec. 6 para. 2 BORA^[16]).

In general, advertising by lawyers must provide factual information and not solicit specific assignments as per sec. 43b BRAO.^[17]

While there are legal aid schemes in Germany (Beratungs- und Prozesskostenhilfe)^[18], numerous opportunities for pro bono legal services exist, particularly in contract law, refugee and asylum law, and for non-profit organizations in areas like corporate law, labour law, insurance law, subsidy and procurement law, data protection law, trademark law, non-profit law and tax law.

Unmet legal needs are prevalent among low-income individuals and non-profit organizations which do not meet the requirements of the legal aid schemes.

Key providers of pro bono legal services include:

Single Practitioner:

• Individual lawyers who offer their expertise and time to provide free legal assistance to those in need.

Private Law Firms:

• Many law firms, particularly those of Anglo-American origin, are involved in pro bono work, often focusing on advising non-profit organizations.

University Law Clinics:

• These clinics offer pro bono legal services in areas such as human rights, immigration, or consumer protection.^[19]

Non-Governmental Organizations (NGOs):

• NGOs provide pro bono legal services, often focusing on specific legal areas aligned with their mission, such as Caritas Deutschland ^[20] , Deutsches Rotes Kreuz ^[21], and Arbeiterwohlfahrt.^[22]

AI and technology tools have the potential to greatly enhance legal pro bono work across Europe by utilizing the framework set by the EU’s Artificial Intelligence Act (Regulation (EU) 2024/1689). This regulation requires transparency, risk assessments, and human oversight for high-risk AI systems, while prohibiting certain “unacceptable risk” uses. AI and innovative legal technologies can make pro bono work more efficient by automating routine tasks like document drafting, intake, and legal research, allowing lawyers to concentrate on more complex client needs.

Furthermore, these technologies could increase access to justice by providing scalable, low-cost tools such as multilingual chatbots and rights checkers, which could help empower vulnerable groups to understand and assert their legal rights.

While specific examples of pro bono matters using AI are lacking in Germany, global trends around how technology and AI are used to enhance access to legal services ^[23], such as AI-powered chatbots ^[24], agentic AI, translation tools, and online platforms connecting lawyers with pro bono opportunities are being explored by the pro bono community.

For example, Pro Bono Allianz Deutschland and UPJ Pro Bono Rechtsberatung explored the topic of “Using Artificial Intelligence Responsibly” at an event^[25] with Correlaid, a non-profit organisation with a community of data science volunteers who use their skills for good causes.^[26]

The German Bar Association has also recently indicated support for the use of AI tools by practising lawyers.^[27]

Notable sources in Germany include:

Pro Bono Deutschland e.V.:^[28] Founded in 2011, the association has grown from 11 firms and now brings together 47 member law firms. It promotes and supports pro bono legal advice for the common good, especially for charitable purposes. While it does not provide legal services directly, it serves as a valuable resource for information, collaboration and policy change in the pro bono community.

UPJ e.V.:[29] Founded in 1996, UPJ e.V. collaborates with Pro Bono Deutschland e.V. and law firms to connect legal professionals with non-profit organizations in need of pro bono legal services.

Start Right e.V.^[30] A student-run legal advice initiative offering pro bono legal advice to social initiatives and enterprises.

startsocial e.V.^[31] : A non-profit organization supported by German corporations, startsocial e.V. assists selected small and medium-sized social projects by matching them with advisory teams, including law firms.

University Law Clinics: There are a number of student legal advice centres and clinics, including ones that specialize in certain legal areas, such as immigration and refugee support.^[32] These clinics often seek qualified lawyers to supervise law students and contribute to pro bono efforts. There are also global pro bono clearinghouses such as TrustLaw, PILnet or A4ID that provide regular transactional and research pro bono opportunities.^[33]

Lawyers can keep abreast of pro bono developments and opportunities for collaboration via Pro Bono Deutschland.

Lawyers seeking pro bono opportunities in advising non-profit organizations can register with UPJ, which acts as a pro bono clearinghouse, vetting organizations requesting pro bono legal assistance and offering a newsletter service for interested lawyers and law firms who can apply for pro bono mandates.

Opportunities for advising individuals can be found through university law clinics and local advice offices such as the Public Legal Advice and Settlement Offices in Hamburg (Öffentliche Rechtsauskunft- und Vergleichsstelle Hamburg ^[34]) or local lawyers’ associations such as the Lawyers Association of Frankfurt (Frankfurter Anwaltsverein ^[35]) or of Cologne (Kölner Anwaltverein e.V.).^[36]

Lawyers can register their interest in transactional and research pro bono opportunities with TrustLaw or PILnet.^[37]

While formal pro bono awards are lacking in Germany, organizations like Chambers Europe Awards^[38], and the Financial Times Innovative Lawyers Awards Europe ^[39] recognize pro bono contributions.

There are also global pro bono awards offered by TrustLaw, PILnet and the International Bar Association.^[40]