The German article of clerkship or Referendar Programm is a two year programme in which up to six (6) months can be spent in a foreign jurisdiction. Students interested in this programme must be given permission by the German Landesregierung, the administrator of the German Referendar Programme. It is the Landesregierung which decides how German students conduct their articles of clerkship.
While the Landesregierung does pay the German students' wages during the period in which they complete a portion of their articles in a foreign jurisdiction, it does not become involved in arranging such a position for students. On the contrary, the onus is entirely on the student to organize a position in a foreign jurisdiction and to obtain a student authorization from the Canadian Embassy in Bonn. Final approval for such an exchange, however, does remain with the German Landesregierung.
The purpose of this exchange is to allow German students the opportunity to study a foreign jurisdiction from within that jurisdiction. For instance, it affords the German students the chance to learn about a Canadian lawyer's experiences from the offices of a Canadian lawyer. The students who apply for this exchange do so because they are interested in learning about the Canadian legal system as well as improving their knowledge of the English language. Generally, the students who come to Canada often have an affiliation to Canada either through family or because they speak the English language.
For the Canadian law firm interested in this programme it must be stressed that the wages of these students are paid for by the German government. The length of time a student stays is up to the firm and student to arrange, with the maximum paid period being six(6) months. The only responsibility imposed on the Canadian law firm is to expose the German student to the Canadian legal system. There is no responsibility to train the student to be a Canadian lawyer. The only other onus imposed on the Canadian lawyer is at the end of the German student's period in Canada it must file a report with the German Landesregierung.
If the Canadian lawyer requires assistance with German legal issues then, of course, the German student's knowledge may be applied. Finally, long-term relationships do develop between the Canadian lawyer and German students who have participated in the programme. In this regard, it allows the Canadian lawyer to develop a contact in Germany, for when he/she needs German legal advice. Similarly, it provides the German student with a contact in Canada.
If you are interested in participating in the Referendar Programme, please send a letter outlining your interest to the Canadian Co-President of the CGLA. It is hoped that we will be able to compile a list of interested firms which can be sent to Uwe Karl,the coordinator of this initiative with the German chapter of the CGLA.
