862.4016/1807
The Ambassador in Germany (Wilson) to the Secretary of State
[Received November 5.]
Sir: I have the honor to enclose herewith copies of Reichsgesetzblatt No. 165, Part I, of October 14, 1938, containing two decrees which invalidate the licenses to practice law held by Jewish attorneys in the old Reich and in Austria, as of November 30 and December 31, 1938, respectively. English translations thereof, prepared by the Embassy, are also enclosed.52
It will be recalled that as early as 1933 pressure was exerted to oust Jews from the legal profession. Thus, special requirements were enunciated for admission to the bar, and also Jewish attorneys [Page 392] were denied the privilege of acting as notaries public, a measure which, in view of the wide requirements and high charges for notarial services in Germany, constituted a considerable handicap to the Jewish legal profession. Hitherto, however, Jews already admitted to the bar have been entitled to conduct a law practice without specific legal hindrance, although it appears that considerable pressure has been brought to bear indirectly to prevent them from doing so.
The present measure, therefore, is of real consequence. Although no official figures have yet been published, the Frankfurter Zeitung of October 16 states that according to the figures maintained by the Reich Rechtsanwaltkammer, there were as of January 1, 1938, 1,753 Jewish attorneys, or approximately 10% of the total number of attorneys, i. e., 17,360. In Berlin, as of the same date, there were 2,718 attorneys of whom 761 were Jews. Although the figures for Austria are admittedly only rough estimates, the Frankfurter Zeitung states that the new decrees will affect approximately 1,800 Jewish attorneys there.
Following closely the decree invalidating passports of Jews (Embassy’s telegram No. 536, October 8, 1 p.m.), this latest measure appears to represent the continued application of the program announced by the Deutsches Nachrichten Büro on the occasion of the promulgation of the decree excluding Jewish physicians from practice (see Embassy’s despatch No. 288 of August 13, 193855)—namely, “The Jewish question in Germany will be solved step by step, but resolutely, by legal ways.”
Briefly summarized, the decree states that the profession of attorney is closed to Jews. Licenses of Jewish lawyers now practicing in the old Reich are to be revoked as of November 30, 1938, and in Austria at the latest as of December 31, 1938, although temporary exceptions may be granted in the latter respect by the Reich Ministry of Justice. Jews whose licenses have thus been revoked are forbidden to represent clients in court or to handle legal business of any kind.
A limited group of so-called “Jewish consultants” (Jüdische Konsulenten) corresponding strictly in number to the demand for their services, are to be issued permits by the Reich Administration of Justice, which entitle them to conduct legal business for Jews and Jewish firms and to represent them in or out of court. A definite locality is to be allotted to each “Jewish consultant” in which alone he is authorized to exercise his legal functions within the limits of the law. According to the executive order implementing the decree, which has been summarized recently in the press, permits of this sort will be issued to 172 “Jewish consultants” distributed among 72 cities in the Reich. Of this number 46 will be allotted to Berlin. Preference [Page 393] is to be given to front fighters in the choice of those to be placed on the list.
The decree further provides that the “Jewish consultants” are to collect their fees in their own name but for the account of a clearing office operated by the Reich Administration of Justice. In order to provide a measure of financial support for those Jews whose licenses have been revoked and who are not appointed “Jewish consultants,” a fund is to be built up through contribution of a specified proportion of their fees by the practicing “Jewish consultants.” In accordance with the executive order referred to above, it is stated that 10% of the fees of “Jewish consultants” up to 300 marks, 30% between 300 and 500 marks, 50% between 500 and 1000 marks, and 70% of all fees exceeding the latter amount must be paid into the fund by the “Jewish consultants.” Ex-Jewish lawyers may apply to the clearing office for payments from this fund up to a maximum of 200 marks per month for bachelors and 250 marks for married persons. In the distribution of financial assistance, only those are to be considered who can prove their absolute need of such support and within this category, front fighters are to be given preference.
The decree contains a provision, similar to that of the Jewish doctors’ law, authorizing former Jewish lawyers to free themselves from leases on premises which they no longer require or are unable to pay for after the giving-up of their law practice. It will be noted, however, that, contrary to the Jewish doctors’ law, the right to cancel leases held by erstwhile Jewish attorneys is not granted to landlords under the same circumstances.
In accordance with the Department’s circular instruction of July 21, 1938,56 two copies of this despatch are being sent to the American Embassy, London, for the attention of the American Representative on the Inter-Governmental Committee for Political Refugees.
Respectfully yours,