Syndikusrechtsanwalt on interim assignments: admission and pension exemption (Germany)

Short answer: A Syndikusrechtsanwalt is a German in-house lawyer admitted to the bar for the legal matters of a non-law-firm employer (sections 46, 46a BRAO). Admission and pension exemption are tied to that specific employment (section 6(5) SGB VI). In agency work the agency is the employer, so syndikus admission for the assignment is ruled out (Federal Court of Justice, AnwZ (Brfg) 12/21, 2023).

This guide is for syndikus lawyers considering an interim assignment in Germany and for legal departments that want to add temporary capacity. It explains what happens to admission and pension exemption when you change roles, which engagement model preserves the status and what companies should check.

What is a Syndikusrechtsanwalt?

A Syndikusrechtsanwalt is a lawyer employed by an organisation that is not itself a law firm and who acts as a lawyer for that employer (section 46(2) BRAO, the German Federal Lawyers' Act). The work counts as legal practice if it is professionally independent and combines four elements: examining legal questions, giving legal advice, shaping legal relationships and being authorised to act externally (section 46(3) BRAO). Professional independence must be secured both in the contract and in practice (section 46(4) BRAO).

A syndikus lawyer may only advise and represent the employer, including affiliated companies within the meaning of section 15 of the Stock Corporation Act (section 46(5) BRAO). In proceedings where representation by a lawyer is mandatory before the regional courts, higher regional courts and the Federal Court of Justice, they may not represent the employer (section 46c(2) BRAO). The compulsory professional indemnity insurance under section 51 BRAO does not apply to syndikus work (section 46c(3) BRAO).

Why admission and exemption follow the employment contract

Syndikus admission is granted for a specific employment relationship, not for the person in general. The application must include the employment contract (section 46a(3) BRAO). The regional bar decides after hearing the German pension insurance, which is then bound by that decision when it rules on the exemption (section 46a(2) BRAO). One admission can cover several employment relationships (section 46a(1) BRAO).

The exemption from compulsory statutory pension insurance is likewise limited to the specific employment (section 6(5), first sentence, SGB VI). Anyone who changes employer therefore needs a new exemption for the new job. The application is filed electronically through the lawyers' pension fund (section 6(2) SGB VI). If it is filed within three months, the exemption applies from the date the conditions are met; otherwise only from receipt (section 6(4) SGB VI).

Syndikus status and agency work: what the Federal Court of Justice decided

In temporary agency work (Arbeitnehmerüberlassung), the employer within the meaning of section 46 BRAO is the agency, not the company where the lawyer works. The Federal Court of Justice held this on 20 March 2023 (AnwZ (Brfg) 12/21, paras 35 and 53). Syndikus admission is ruled out because the seconded lawyer does not work on the legal matters of their employer, the agency.

In that case the client was a law firm. The reasoning on section 46(2) BRAO is phrased in general terms. The court has not ruled expressly on corporate legal departments, but by the same logic the agency remains the employer there too. Work without external legal representation is unobjectionable under professional rules (para 75). Interim lawyers on agency assignments therefore work as lawyers in the legal team, not as the client's syndikus lawyers.

Moving into an interim assignment: the steps

Syndikus lawyers moving into an interim role should work through these steps before signing. The order avoids gaps with the bar and the pension fund.

1. Choose the model: agency work, freelancing or a fixed-term contract directly with the company. Only direct employment allows syndikus admission for the assignment.
2. Check the role: does the company really need someone who acts externally as a lawyer? Contract review, internal advice, compliance projects or coordinating outside counsel rarely require bar admission.
3. Notify the bar: every role-related change to the employment contract and every material change of duties must be notified without delay, with a copy of the amended contract (section 46b(4) BRAO).
4. Assess the existing admission: if the role no longer meets section 46(2)–(5) BRAO, the admission is revoked in whole or in part. Exception: the work is interrupted only temporarily for a period limited in advance and the employment continues (section 46b(2) BRAO).
5. Secure your pension position: ask the pension fund whether an exemption is available for the new role or whether an existing exemption extends to work limited in time (section 6(5), second sentence, SGB VI). Observe the three-month deadline.
6. Plan the return: for a new syndikus employment the admission is extended on application (section 46b(3) BRAO).

Which roles and capacity do legal departments need?

Most interim needs in legal departments do not require syndikus admission. Typical triggers are vacancies, parental leave cover, contract peaks, data protection or compliance projects and transactions. What matters is that the interim legal counsel can analyse legal issues, draft contracts and advise the business. Court representation is usually handled by outside counsel.

Alpinum Solutions provides legal counsel, senior legal counsel and interim heads of legal, from junior to senior level, through staff leasing and freelancing, part-time or full-time. In staff leasing the client directs the work and the professional is integrated into the legal team. Selected profiles are usually available within 48 hours; the start date is agreed between the company and Alpinum.

If the company specifically needs a person with syndikus admission, for example for a long-term role, a direct employment contract is the right route. A move into the team (temp-to-perm) is possible; the terms are agreed in advance.

Switzerland and Germany: what differs

Switzerland has no syndikus status. Only lawyers who can practise independently may be entered in a cantonal bar register, and they may only be employed by persons who are themselves registered (Art. 8(1)(d) of the Federal Act on the Free Movement of Lawyers, BGFA). In-house lawyers in Switzerland are therefore usually not registered as attorneys, even if they hold a bar certificate. Since 1 January 2025, Art. 167a of the Swiss Civil Procedure Code protects the in-house legal department in civil proceedings. See our guide on professional secrecy and legal privilege for in-house and interim lawyers.

Limits and risks

• Not expressly decided: the Federal Court of Justice ruling concerns a law firm as client. For corporate legal departments the result follows from the reasoning, not from a separate judgment.
• Professional title: on an agency assignment, do not act as the client's syndikus lawyer or sign submissions under that title.
• Pension gaps: missing the three-month deadline means statutory pension insurance applies until the application is received (section 6(4) SGB VI).
• False self-employment: freelancers managed like employees can quickly be classed as employed (section 7 SGB IV). See engaging freelance lawyers without false self-employment risk.

Frequently asked questions about syndikus lawyers on interim assignments

Can a syndikus lawyer work through temporary agency work?

Yes, but not as the client's syndikus lawyer. Under the Federal Court of Justice ruling of 20 March 2023 (AnwZ (Brfg) 12/21), the agency is the employer within the meaning of section 46 BRAO in agency work. On the assignment the person works as a lawyer without external representation. For most legal department work this is sufficient.

Will I lose my syndikus admission if I take an interim assignment?

The admission is revoked in whole or in part where the contract or the role no longer meets section 46(2)–(5) BRAO (section 46b(2) BRAO). It remains if the work is only interrupted temporarily, for a period limited in advance, and the employment continues. You must notify the bar of the change without delay.

Does my pension insurance exemption carry over to the new assignment?

Generally not. The exemption is limited to the specific employment (section 6(5), first sentence, SGB VI). An exception applies to work limited in time if the pension fund secures income-related entitlements (second sentence). Clarify this with your pension fund before the assignment starts and apply for a new exemption within three months.

Can I take interim mandates as a self-employed lawyer?

Yes, with admission as a lawyer under section 4 BRAO, your own office and professional indemnity insurance of at least EUR 250,000 per claim (section 51(4) BRAO). Syndikus admission is not possible without an employment relationship. If you work integrated and under instructions in the company, the arrangement may be classed as employment under section 7 SGB IV.

When does a company really need a syndikus lawyer?

When the person is meant to act as the company's lawyer on a permanent basis and the company wants that status in its organisation, for example in a general counsel role. For vacancies, projects and workload peaks an experienced lawyer is usually enough. Representation in proceedings requiring a lawyer is handled by outside counsel anyway (section 46c(2) BRAO).

Next step

Alpinum Solutions is the leading provider of interim legal & compliance in Germany and Switzerland. We strengthen legal departments with experienced lawyers through staff leasing or freelancing and agree the right model before the start.

• Interim legal counsel and in-house support for legal departments
• Staff leasing of lawyers: what applies in Switzerland and Germany
• For lawyers: interim assignments and project roles
• Models & legal framework: all guides on engagement models
• Discuss your needs

Last updated: 10 November 2026.