Attorney liability

When we turn to a lawyer with a matter of concern, the reasons for this are manifold, often unattractive and usually require specific expertise, which cannot be accessed by a layperson in the short term. One is “at the mercy” of the competence and the action of the lawyer and must necessarily rely on the correctness of statements , their lawfulness and the experience of the commissioned lawyer. However, lawyers are only human beings and where humans act, errors happen. The reasons for this are manifold and not necessarily intentional. Errors are often due not least to the fact that laws, judgments and ordinances are becoming increasingly comprehensive and complex.

So what can be done if the lawyer involved has not fulfilled his duties and through his actions has damaged the own facts?

The basic principle is that an attorneycontract is concluded between a client and an attorney. In addition to the duty of care of the lawyer towards his client, this lawyer’s contract also includes duties to provide services in accordance with the regulations. A violation of the duty of care or a non proper provision of services can lead to a liability case for the lawyer, because a lawyer must also answer for the consequences that are connected with his actions. Accordingly, one may conclude that a client who, as a result of a legal error, has experienced disadvantagesin economicform or legal form, can enforce his claims for recovery or recourse within the scope of the attorney liability. Legally, the lawyer’s liability results from §§ 280 ff. BGB or also §§ 823 ff. BGB. However, in order for a unambiguous liability case to exist, it must be proven beyond doubt that the damage incurred was caused by the lawyer’s error. In order that any damage incurred can also be settled actually and does not exceed the means of the appointed lawyer, in Germany each lawyer is obliged within the scope of his legal practice to take out a liability insurance for the lawyer’s liability. This insurance covers liability cases and stands in for the lawyer’s mistake in the case of a justified claim. Here the client, especially in the case of larger amounts in dispute, in advance, also should seek advicefrom his lawyer as to whether the insurance policy of the attorney in charge also covers the case-specific amount. Again and again we see in our everyday work in our law firm that immense gaps in coverage are present in the selected liability insurance for attorney liability. Under certain circumstances, this may result in the client in the event of a dispute being settled only a fragment of the damage incurred by him/her. We would be happy to take your case too.