Advocacy
What Aaron Burr, who served as Vice President of the United States from 1800 to 1804, once stated—“Law is what is boldly asserted and convincingly defended”—cleverly reveals a central aspect of prosecution and defense in the legal profession. Referring to perceived arbitrariness within the legal system, his statement underscores the importance of effective legal representation. Well-known crime series frequently portray the legal profession as a thrilling and intense struggle over right and wrong, liberty and punishment. In these narratives, not only do attorneys represent individuals (clients), but public prosecutors also act as the representatives of the state in matters of criminal prosecution and enforcement. They engage in courtroom disputes in pursuit of sound jurisprudence.
To be eligible to work as a lawyer, one must obtain the qualification for judicial office (Befähigung zum Richteramt) by passing the Second Law Examination degree (Zweites Staatsexamen) and have completed the traditional law degree program. This opens up the opportunity to pursue a career as a public prosecutor, attorney at law, or specialized attorney.
Public prosecutor's office
Public prosecutors work together with the police and law enforcement agencies to investigate and prosecute criminal offenses. As with the office of judge, prospective public prosecutors must complete a further stage of training before being appointed and taking up office. They can only be appointed as a public prosecutor for life by the state's Ministry of Justice after they have worked as a probationary judge for a minimum of 3 and a maximum of 5 years.
The task of investigating and prosecuting criminal offenses includes various activities. These include initiating investigative proceedings by filing documents and collecting evidence. This means that public prosecutors take part in witness interviews and crime scene inspections as well as being in close contact with the investigating police. In court, on the other hand, they are involved in deciding on the conclusion of preliminary proceedings and in the execution of sentences by drafting and processing documents. They make their pleas in court, which means that they request different sentences depending on the case. As a counterpart to lawyers, who are supposed to legally defend the accused, public prosecutors represent the charges against the accused. If they hold a management position, they also help to supervise or actively shape coordination matters and organizational processes within the public prosecutor's office, which is divided into several departments. Appointment as a public prosecutor is particularly worthwhile for those who are looking for a secure position with a very good salary and varied work. Similar to judges, however, this office comes with a great deal of responsibility for the ongoing court proceedings and therefore also a high level of emotional stress. This pressure is compounded by the fact that public prosecutors can be extensively involved in ongoing investigations, which requires them to be permanently on call and available.
Lawyers
Lawyers form the “counterpart” to public prosecutors. They advise clients on existing charges, inform them about general legal matters, process files relating to their case and, if necessary, represent them in court. Together with the public prosecutor's office, lawyers are supposed to support the judge in finding justice. Their main tasks include familiarizing themselves with the case at hand with the help of research activities, file processing and client meetings. As legal representatives, they present the information they have gathered on the case at hand at a scheduled court hearing and try to use legal means to help their clients obtain justice. Their focus is on providing evidence and clarifying the claims and counterclaims of plaintiffs and defendants. In this way, they act as mediators between the case at hand and the legal situation for all parties involved. They are considered an “independent organ of the administration of justice” and may appeal against rulings of lower courts as well as assess rulings of higher levels professionally and publicly. The work as a lawyer can be carried out as an employee of an existing law firm or as a self-employed professional. Depending on the employment relationship, the places of work change and vary between modern law firms with a start-up character, conservative large law firms with suit and tie standards or a law firm with an independently selected external appearance and premises. Unlike public prosecutors and judges, lawyers are appointed after obtaining the right to be a judge (successful completion of the Second Law Examination Degree) and applying for admission to the bar at the relevant regional bar association.
