Der Rechtsanwalt als Arbeitnehmer

An attorney is, pursuant to section 1 BRAO, an independent body of the administration of justice. Content and meaning of this legal position are always highly disputed. This is in contrast to the legal position of a personal dependent employee. The controversy between the employer’s instruction right and the attorney’s independence is known and discussed for decades. The decisions of the Federal Social Court regarding the release of inhouse lawyers from the statutory pension insurance sparked the discussion anew. Can functional instructions be issued to the attorney? Conditions which are common in normal employment relationships may become hazardous for the attorney’s independence. The study examines all problems in an employment relationship arising from the conflict and leads them to an adequate, practice- and interest-oriented solution.