Ongoing Corporate Counsel — Outside Counsel in Germany
Many companies do not need an in-house legal department — but do need a reliable legal point of contact. As outside counsel we take on that role: a consistent adviser for corporate, commercial and employment law questions in day-to-day business. In Hamburg and for international mandates.
Contents
At a glance
Ongoing corporate counsel as outside counsel means: a permanent legal point of contact without an in-house legal department. We accompany Mittelstand companies, GmbHs and international subsidiaries on corporate law, contract law, employment law and cross-border matters — on an hourly basis or within an agreed advisory arrangement. In German and English.
What outside counsel means
The term outside counsel originates from the Anglo-American legal world and refers to an external lawyer who acts as a permanent or regular adviser to a company — without being employed by it. In German practice, similar concepts are referred to as externer Justiziar, ständiger Berater or colloquially Hausanwalt.
The model fills a gap: companies that are too small to justify an in-house legal department but have recurring legal questions — on contract drafting, shareholders’ resolutions, employment decisions, regulatory correspondence, cross-border transactions — benefit from a permanent legal relationship rather than occasional ad hoc instructions.
Which companies benefit from ongoing counsel
In practice, companies without a permanent legal relationship tend to contact a law firm only once a concrete problem has already arisen — a contract dispute, an employment conflict, a shareholder crisis. At that point, the foundation is missing: the lawyer does not know the company, its contract structure or its history. Ongoing counsel provides that foundation — as an active accompaniment of business development, not merely a crisis-response instrument.
Ongoing corporate counsel is typically well suited to Mittelstand GmbHs without an in-house legal department, German subsidiaries of international groups, companies in growth or restructuring phases, and internationally active companies that need legal support in Germany and in English. The size of the company is not the determining factor — what matters is the regularity of the legal advisory need.
What ongoing corporate counsel covers
As outside counsel, we cover the core corporate law requirements: ongoing shareholders’ resolutions, amendments to the articles, share transfers under § 15 GmbHG, appointment and removal of managing directors, and the preparation of shareholders’ meetings.
In contract law, we advise on the drafting and review of commercial contracts, supplier and customer agreements, general terms and conditions under §§ 305 et seq. BGB, cooperation and licensing arrangements, and international agreements with governing-law clauses. In employment law, we assist with typical company-level matters: employment contracts, settlement agreements, preparation for terminations, and interfaces with immigration law.
For international mandates, cross-border questions are added: secondment law, corporate structures with a foreign element, and correspondence with foreign authorities. Where questions of foreign law arise, we coordinate with local counsel in the relevant jurisdiction as required.
Advisory model and fees
Legal fees for ongoing corporate counsel are agreed individually. Common models are hourly billing for specific matters and agreed monthly advisory retainers covering a defined scope. Which model is appropriate depends on the nature and regularity of the advisory need.
At the outset we discuss which advisory framework fits the actual need — transparently and without blanket commitments to undefined services. Fees are agreed by way of a fee agreement; in the absence of a specific agreement, the statutory fee rules under the RVG apply. For court proceedings, the statutory minimum requirements apply.
A consistent point of contact
In larger organisations, matters are often handled by multiple team members. That can be appropriate for large specialist projects. Our outside counsel approach relies instead on a single point of contact who knows the company, its contracts and its history on an ongoing basis — and does not need a full briefing when new questions arise.
The advantage lies in day-to-day operations: quick assessment, less ad hoc friction, direct access.
Advice in Hamburg
We provide ongoing corporate counsel for Mittelstand companies and international businesses in Hamburg and nationwide — with offices at Neuer Wall. First mandates frequently begin with a specific corporate or contract law question; from there the ongoing relationship develops. In German and English.
Advice is provided by Alexander Kagan, admitted as a German Rechtsanwalt and a member of the Hanseatic Bar Association Hamburg (Hanseatische Rechtsanwaltskammer Hamburg).
The content of this page is general information only and does not constitute legal advice. The scope, availability and fees of ongoing counsel are agreed within each individual mandate.
Frequently asked questions on ongoing corporate counsel
-
Outside counsel refers to an external lawyer who acts as a permanent or regular adviser to a company — without being employed by it. In German practice this is also referred to as externer Justiziar or Hausanwalt. The model is appropriate for companies that do not employ an in-house lawyer but have a regular legal advisory need.
-
Ongoing corporate counsel is particularly well suited to Mittelstand GmbHs without an in-house legal department, German subsidiaries of international groups, and companies in growth or restructuring phases. What matters is not company size but the regularity of the legal advisory need.
-
The scope depends on the company. Typical areas include corporate law questions (resolutions, amendments to articles, share transfers under § 15 GmbHG), contract drafting and review, and employment law support on company-level matters. The breadth of ongoing advice is an advantage compared with instructing different specialists for each matter.
-
Legal fees are agreed individually — as an hourly rate or as a monthly advisory retainer. The basis is a fee agreement; in the absence of a specific agreement, the statutory fee rules under the RVG apply. For court proceedings, the statutory minimum requirements apply. We discuss which model fits best at the outset of the engagement.
-
Yes. We accompany German subsidiaries of international groups — in German and English — and handle ongoing corporate and commercial law advice, including interfaces with immigration and employment law for foreign employees and managing directors. Where questions of foreign law arise, we coordinate with local counsel in the relevant jurisdiction as required.
Are you looking for a consistent legal point of contact for your company in Germany?
Briefly describe your matter using the enquiry form. We will assess whether and in what form an ongoing advisory relationship makes sense and get in touch for an initial conversation.
