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The Expert Law Blog
on Litigation in Germany
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Where is my Jury?

Everything you know about litigation as a U.S. lawyer is wrong for a German lawsuit. Brace yourself for a court room culture shock.

Who's talking?

German trial lawyer Bernhard Schmeilzl heads the litigation team of Graf & Partners LLP, a German law firm for Anglo-American clients.

Get in touch

Call +49 941 463 7070 or write to
mail@graflegal.com
in case you need German legal counsel.

Latest Articles

How to Win Commercial Lawsuits in Germany

Get Your Free Copy of Our Civil Litigation Brochure

Practical Information from Court Savy German Litigators

In the brand new brochure „A Short Guide to Civil & Commercial Litigation in Germany“, I explain the basics of commercial litigation under German Civil Procedure Rules: How to prepare, which court to approach, whether to try to negotiate a settlement and – if so – when. How to adapt to the very different German civil procedure rules with regard to evidence. And finally, what to do and – more importantly – what not to do in a German courtroom.

After 20 years of experience in international litigation, working mainly for British and American clients, I am well aware of the typical misconceptions held by UK and US business owners and their lawyers. These misconceptions result in poor litigation strategy and – eventually – lost cases in German courts of law.

Avoid the trap of preparing your lawsuit as you would in the UK or USA when – in fact – you will face a German judge who has entirely different expectations.

The brochure is a must read for anyone involved in German civil litigation

Make sure you get your free copy by dropping us an email to info@graflegal.com

 

Verify if a Lawyer is Admitted to the German Bar

Check the National Register of German Attorneys at Law

The official professional title of a German lawyer is Rechtsanwalt (male) oder Rechtsanwältin (female). Only fully qualified German lawyers who have passed both legal exams are entitled to refer to themselves as „Rechtsanwalt“ or – in short – „Anwalt“. The use of the word „Anwalt“ in Germany corresponds with the use of „counsellor“ in the USA.

The German legal profession is not divided into two classes of lawyers (solicitors and barristers). Instead, as in the USA, a German counsellor is permitted to appear and represent clients in court. Unlike in the USA, the right to practice law in Germany is not restricted to a certain German state (Bundesland) or region. Instead, while they take their bar exam in a certain state and are members of a local bar association, all German lawyers are admitted to all courts throughout the country. Thus, a Bavarian litigation lawyer from Munich may, for instance, appear in a Berlin court, without any need for prior registration or getting the licence registered in that state.

The only exception is the Bundesgerichtshof (German Supreme Court), where only specially accredited German lawyers have the right of audience in civil matters. Those lawyers are referred to as Rechtsanwälte am Bundesgerichts (for a list of these lawyers see here).

If you need to hire a German lawyer and you are uncertain whether the lawyer you have found on the web is actually admitted to practice law in Germany, there is a very easy way to check and verify the name and professional address of said lawyer online. Simply visit the official register of German lawyers on the website of German Bar Association (Bundesrechtsanwaltkammer). The same is true in case you are being contacted by an alleged German lawyer and something appears fishy. Simply go on the official register and contact the address given there to verify.

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal and visit our YouTube channel

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

How to Engage Graf & Partners as Your German Legal Counsel

Checklist & Terms of Engagement

If you consider hiring the German law office Graf & Partners to represent you in a German civil lawsuit, we recommend to carefully read the below checklist before you contact us with any details of your case. The information below will give you a better idea of whether Graf Legal is the right law firm for your German legal dispute.

  1. We exclusively take on German civil and business litigation cases. While we may be able to recommend criminal defense lawyers, Graf & Partners themselves do not take on criminal cases. Our lawyers are licensed to practice throughout Germany and in all German civil courts. Since our law office is located in the south of Germany, you may incur significant travel expenses if you wish us to represent you in a case which is heard before a court in northern Germany. In high profile international cases, however, such travel costs are usually considered to be insignificant.
  2. Before we can officially take on your case and open a file, we need to do a conflict of interest check and adhere to the Know Your Client (KYC) requirements. This means that we will need the full name, residential adress and a scan of the passport or official ID of the person(s) who wish to engage us as their German legal counsel. We will also need the details of the opponent in order to check whether the opponent is already on our client list.
  3. Please send a short summary of the facts of your case and let us know which actions you wish us to take on your behalf. Please note that our law firm receives dozens of enquiries each day, so the best way to get your case evaluated by one of our lawyers is if you provide us with a concise description of what the dispute is about. The better you can describe your problem, the faster we can get back to you with a decision whether we are able to take on the case or not. Please have realistic expectations with regards to turn-around times.  Some clients wait until the last-minute and then expect immediate attention to their matter, which isn’t always possible and – if possible – will trigger significantly higher legal fees.
  4. Lawyer fees and costs: Our attorneys bill by the hour, usually anywhere between EUR 280 and EUR 400 net per full hour. We usually ask for an upfront payment for legal fees of, depending on the scope and legal complexity of the matter, at least EUR 1,000 up to EUR 20,000 plus German VAT where applicable. Please note that under German law, minimum statutory lawyer fees do apply in all forensic matters. Any German lawyer is legally obligated to charge at least these baseline fees which are calculated based on the „value of the case“, i.e. the amount in dispute. These minimum fees under the German Lawyer remuneration Act (Rechtsanwaltsvergütungsgesetz) will have to be charged regardless of how much time was spent on the case. More details in this post: Basic Principles of Legal Costs in Germany
  5. Our minimum fee per case: The absolute minimum fee which we will charge in any litigation matter is EUR 1,000 net.  We are a highly specialised boutique law firm with a limited number of expert international litigation lawyers. Therefore, we are unable to take on small claims cases.
  6. Please note that contingency fee agreements are prohibited under German law, so please do not ask us to take on your case on a „no win no fee“ basis. The answer is no. More on the German contingency fee ban in this post: No Win No Fee Agreements are Void in Germany
  7. Court fees: If you wish to initiate a German lawsuit, you will also need to pay court fees. These fees are due when we file the action on your behalf (Klageeinreichung). The court will not serve the complaint to the defendant unless and until you have paid the court fees.
  8. Client paperwork: Once we have made sure that we are able to take on your case, we will ask you to sign a fee agreement and a power of attorney form. Comprehensive letters of engagement are neither customary nor required under German law, because all clients are already well protected by German statutory law and professional lawyer regulations. More in this post: How to Retain a German Lawyer

If you decide to instruct our law office based on the above terms, we are looking forward to assessing your case and to representing you in a German court of law. Visit www.GrafLegal.com, the German civil litigation experts with 20+ years in international civil, business and corporate litigation.

Probate Litigation in Germany – How to Challenge a Will

Why are German Wills often successfully challenged and voided?

As in most jurisdictions, a German Last Will can be challenged if the testator, at the time of making the Will,

(i) lacked mental capacity (in German: if he or she was „testierunfähig“); or

(ii) was under undue influence, e.g. pressured or threatened („bedroht“); or

(iii) was under some false impression („im Irrtum“), i.e. erred about certain circumstances.

These are the most commonly known standard legal reasons based on which a Will can be made void. German inheritance law, however, has a few surprises to offer.

More legal grounds for challenging Wills under German Succession Laws

Under German inheritance law, there are additional grounds for challenging a will which are unknown to most Common Law systems. These are the so called „Anfechtungen wegen Übergehung eines Pflichtteilsberechtigten“section 2079 German Civil Code (Bürgerliches Gesetzbuch).

These rights to challenge and make void an otherwise perfectly fine German will often surprise and take aback even German beneficiaries and their lawyers. The idea behind these statutes is to protect the interests of the surviving spouse and of children if the Will has been set up at a time when the testator was not yet married to said spouse or the (additional) child has not been born. In these circumstances, if the testator does not amend, i.e. update, his or her „old“ will, the spouse or child not mentioned therein can make this will void by appealing to the German probate court (Nachlassgericht), which must be done within certain deadlines.

The details on how to formally challenge a Will in Germany are explained in this blog here. and in the post „Contentious Probate in Germany

More on litigation and legal costs in Germany:

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

Settle German Legal Disputes Now!

Corona forces German courts into de facto lockdown for 2020

If you want to end a German legal dispute in the foreseeable future – settle!

If you have beef with a German business partner, do not count on any help from German civil or business courts during spring and summer 2020. While German civil courts are officially still open and working, oral hearings (mündliche Verhandlungen) are being postponed, stayed or outright cancelled.

In theory, pursuant to sec. 128a German Civil Procedure Rules (link to the English translation of the statute available here) German court hearings (mündliche Verhandlung) can be conducted via video conference (skype, zoom etc), but most German judges are sceptical and unfamiliar with these options. Pre Corona, this was simply not necessary and virtually no German civil or business court judge has felt a need to consider an online video conference hearing.

Without such oral hearings, the court cannot decide the case, unless the parties agree on settlement terms which will then be confirmed and sealed by the court.

Corona forces parties to settle unless they are prepared to wait 6-9 months

Therefore: Try hard to settle any legal disputes as soon as possible! Even after the factual lockdown has ended (whenever that may be), it will take the German civil and business courts many months to get a grip on their backlog of cases.

Another important aspect to consider: Due to the unavoidable recession in Germany and around the world, in Summer and Fall of 2020 many German defendants will be bankrupt.

Thus, even if you eventually win the case, it will not do you (or your client) any good because chances are you (your client) will not be able to enforce the claim against the (bankrupt) German defendant anymore. So, settle the dispute, cut your losses and run!

More information on litigation and legal fees in Germany is available in these posts:

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

 “I can’t do any literary work for the rest of this year because I’m
meditating another lawsuit and looking around for a defendant.”

– Mark Twain

The Expert Law Blog Categories

German Statutes

All relevant Codes of Procedure and more for German Lawyers.

Pre-Trial

How to prepare for German civil litigation. Pre-action requirements.

Filing a Petition

How to file a German lawsuit: formal requirements, tactics and strategies.

Settlements

Know the benefits and risks of settling a German legal dispute.

Taking Evidence

No jury, no deposition, no cross-examination. Be prepared for differences.

Court Hearings

How to prepare for and what to do in a German trial court hearing.

Appeals

What are the options if a German court has ruled against you?

Legal Costs

Everything you need to know about German Court and Lawyer Fees.