In view of the war in Ukraine, the debate about advising Russian companies has also reached the German legal profession.

In addition to large Anglo-Saxon law firms, German law firms also opened their own offices in Russia and Ukraine after the collapse of the former Soviet Union in the early 1990s.

Just a few weeks ago, Noerr withdrew from Moscow after 28 years.

Because of the "changed market conditions" one had come to the conclusion that cooperation would be the most sensible solution in the future, said co-spokesman Thorsten Fett in January.

Marcus Young

Editor in Business.

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For Noerr it was an economic decision, not an associated statement.

The big law firm delivers this on its Twitter profile.

"As a law firm, we are committed to an international order based on the rule of law," the firm condemned the war of aggression in the strongest possible terms.

If you ask around among commercial law firms, many want to let existing mandates rest and reject new inquiries.

Almost nobody wants to openly say what will apply in a few months.

"Can't go on like this!"

One of the few to take a stand is José Campos Nave, who, as managing partner of Rödl's legal advice arm, is also jointly responsible for the Russian business.

""It can not go on like this!

As an industry, we cannot talk about sustainability and ESG and draw no consequences from the war for our work,” says Campos Nave.

"As a matter of principle, we no longer accept new mandates for Russian companies." In addition, Rödl, which has offices in Moscow and St. Petersburg, wants to check its ongoing business relationships closely for backers and possible sanctions.

Of course there are areas of conflict for German lawyers, confirms André Haug, Vice President of the Federal Bar Association (Brak): "You have to keep an eye on the sanction packages, even if the legal service itself is not the subject of a sanction." Haug, who is also the President of the Bar Association in Karlsruhe , points out that the measures will primarily affect companies and individuals on the EU, British and American sanctions lists.

criminal risk

In the conversation, Haug therefore talks above all about the "indirect responsibility" of every lawyer to examine his own criminal liability.

“Any violation of the sanctions can be punished as a criminal or administrative offense in Germany.

As a lawyer, you can help.” If an allegation is made, it would first be up to the public prosecutor's office to clarify it.

According to Haug, professional procedures would take a back seat.

The respective bar associations are then responsible for the respective examinations of a "professional law surplus".

The professional code of conduct for lawyers provides for several measures.

However, Haug points out that the "indirect circumvention" of sanctions is not covered there.

"It's mainly about specific professional violations, about whether the lawyer proves to be worthy of his profession - if that's not the case, he has to face the consequences." There is no obligation to contract, every lawyer can accept or reject a mandate.

"We expect a German lawyer to abide by the law," emphasizes Haug.

There is currently no reason for notices.

There are no examples of "someone walking on thin ice" in this country.

There were also no specifications for the 4,600 lawyers in his chamber district in Karlsruhe.

In Cologne, on the other hand, all lawyers were recently given a clear reminder to pay attention to the flow of money in corporate and real estate transactions.

This is how the chamber reproduces the call of the Financial Intelligence Unit (FIU), which as the central office investigates suspicious reports of money laundering.

"In view of this special sanctions situation, the FIU asks you to carefully monitor the developing legal situation and to observe the resulting requirements accordingly," says the website.

In all suspected cases of money laundering or terrorist financing, lawyers must now name the sanctions and a specific indicator.

Despite the current prominence, it is not a new topic for lawyers, says Brak Vice President Haug.

Notaries' hands are tied

The sanctions have a greater impact on the professional group of notaries.

In the social networks there is talk of a “comprehensive ban on certification”.

In order to purchase real estate in this country, a notarial deed is required.

If state-related Russian companies or oligarchs are involved in the transaction, lawyers believe that there is a direct legal service that can be used to circumvent the sanctions.

A spokesman for the Federal Chamber of Notaries confirmed that there was a circular email about the economic sanctions to notaries last week.

There is a ban on authentication in the event that a person on the sanctions list is involved.

"It is then irrelevant where this person resides," emphasizes the spokesman.

In addition, there may be an obligation to report to the FIU in such cases.

Because under certain circumstances, the application of increased due diligence obligations under the Money Laundering Act is also required for such persons.