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Disciplinary proceedings

The professional law of the so-called independent professions – lawyers, doctors, tax advisors, auditors, etc. – is characterized by state supervision on the one hand and self-administration by the respective professional associations on the other. The same applies to disciplinary law under civil service law. The inherent tension in this system means that professional supervision and the punishment of alleged violations of professional law are carried out by the chambers themselves in minor cases and by the state courts in more serious cases. In the latter case, special panels at the ordinary courts are responsible. The proceedings follow the rules of criminal procedure.

For other (non-punitive) professional law measures by the chambers – such as ordering a special audit – the administrative courts are the appropriate venue. The proceedings there follow the rules of the Code of Administrative Court Procedure, but do not grant the affected party any rights of defense comparable to those in the Code of Criminal Procedure.

Professional law proceedings put a strain on the person concerned in many ways because all too often it seems to be about economic survival. The application of criminal procedural rules is also perceived as stigmatizing, despite all the advantages over administrative proceedings.

In the worst case, professional law violations can even have criminal consequences – e.g. with regard to accounting offenses.

All these aspects must be kept in mind. Therefore, qualified advice requires not only a high level of legal expertise but also practical experience. Only this enables the legal counsel to assess whether a forceful approach, possibly through all instances, appears worthwhile or whether a quick and tolerable conclusion of the proceedings should be brought about through a willingness to compromise.

Honesty with the client and a clear view of what is feasible are indispensable prerequisites for responsible representation in professional law proceedings. A good compromise does not have to be understood as a defeat. Even a slight change in the wording of the professional association’s decision can sometimes completely or partially exclude consequential risks and be considered a success. In any case, the person concerned should know that they have expert legal counsel at their side.