Who is a Rechtsanwalt?

Definition

A Rechtsanwalt is a lawyer who has passed the state law examinations (Staatsexamen) and is officially licensed to practise law.

Core tasks

• Providing legal advice in all areas of law (labour, family, contracts, business, etc.).

• Representing individuals or companies before the courts (civil courts, criminal courts, labour courts, etc.).

• Drafting contracts, complaints and legal claims.

• Negotiating and resolving legal disputes out of court (mediation).

• Protecting clients’ rights and providing defence in criminal and civil cases.

When do you need one?

• When bringing or defending a legal case.

• In the event of contractual or personal disputes.

• To obtain legal advice before signing complex contracts.

• In employment, family or commercial matters.

Who is a Notar?

Definition

A Notar (notary) is a neutral legal professional who has the same basic legal qualification as a lawyer, but does not represent any party and does not act as counsel in court.
His or her main function is the official notarisation and confirmation of important legal transactions.

Core tasks

• Notarising real-estate purchase contracts.

• Notarising company formation agreements (GmbH, AG, etc.).

• Drafting and notarising wills and inheritance contracts.

• Drafting and notarising marriage agreements or divorce settlements.

• Issuing official legal certifications (Beglaubigungen).

When do you need one?

• When buying or selling real estate (notarisation is compulsory in Germany).

• When setting up a formal company (e.g. GmbH, AG) – notarisation is required by law.

• To draw up an official will or an official marriage agreement.

• When notarising important signatures or documents that need formal confirmation.

The difference in brief

• Role
  Rechtsanwalt: legal representative, advocate and adviser.
  Notar: neutral notary, without party representation.

• Tasks
  Rechtsanwalt: advice, litigation, dispute resolution.
  Notar: notarisation of contracts and formal legal transactions.

• Partisanship
  Rechtsanwalt: acts in the interest of his or her client.
  Notar: completely neutral.

• Examples of use
  Rechtsanwalt: divorce cases, criminal cases, commercial contracts.
  Notar: property purchase, company formation, wills.

Conclusion

You need a Rechtsanwalt if you have a legal dispute, a case or a legal question where you require representation, advocacy and direct legal support.
You need a Notar when dealing with contracts and agreements that must be formally notarised by law, such as real-estate transactions or company formations — their role is neutrality and ensuring the formal validity of the procedures.

The editorial team of the website strives, through extensive research and the use of multiple sources, to provide information that is as accurate as possible. However, errors or not fully confirmed details may still occur. Therefore, the information contained in this article should be regarded as a preliminary reference, and you should always contact the competent authorities or qualified professionals for binding and case-specific information.