{"id":14088,"date":"2020-09-25T11:08:50","date_gmt":"2020-09-25T09:08:50","guid":{"rendered":"https:\/\/fiala.de\/attorney-liability\/"},"modified":"2021-11-16T14:27:43","modified_gmt":"2021-11-16T13:27:43","slug":"attorney-liability","status":"publish","type":"post","link":"https:\/\/www.fiala.de\/en\/attorney-liability\/","title":{"rendered":"Attorney liability"},"content":{"rendered":"\t\t
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Lawyers are not untouchable either<\/span><\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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When we turn to a lawyer with a matter of concern, the reasons for this are manifold, often unattractive and usually require specific expertise<\/strong>, which cannot be accessed by a layperson in the short term. One is “at the mercy” of the competence <\/strong> and the action of the lawyer <\/strong> and must necessarily rely on the correctness of statements <\/strong>, their lawfulness <\/strong> and the experience <\/strong> of the commissioned lawyer. However, lawyers are only human beings and where humans<\/strong> act, errors<\/strong> 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<\/strong> are becoming increasingly comprehensive and complex.<\/p>\n

So what can be done if the lawyer involved has not fulfilled his duties and through his actions has damaged the own facts?<\/strong><\/p>\n

The basic principle is that an attorney<\/strong>contract is concluded between a client<\/strong> and an attorney<\/strong>. In addition to the duty of care of the lawyer<\/strong> towards his client, this lawyer’s contract also includes duties to provide services in accordance with the regulations.<\/strong> A violation of the duty of care<\/strong> or a non proper provision of services <\/strong>can lead to a liability case<\/strong> for the lawyer, because a lawyer must also answer for the consequences that are connected with his actions<\/strong>. Accordingly, one may conclude that a client who, as a result of a legal error<\/strong>, has experienced disadvantages<\/strong>in economic<\/strong>form or legal form<\/strong>, can enforce his claims for recovery<\/strong> or recourse<\/strong> within the scope of the attorney liability<\/strong>. Legally, the lawyer’s liability<\/strong> results from \u00a7\u00a7 280 ff. BGB<\/a> or also \u00a7\u00a7 823 ff. BGB<\/a>. However, in order for a unambiguous liability<\/strong> case to exist, it must be proven beyond doubt<\/strong> that the damage incurred was caused by the lawyer’s error<\/strong>. In order that any damage incurred can also be settled actually <\/strong> and does not exceed the means of the appointed lawyer, in Germany each lawyer is obliged<\/strong> within the scope of his legal practice to take out a liability insurance<\/strong> for the lawyer’s liability. This insurance covers liability cases<\/strong> and stands in for the lawyer’s mistake in the case of a justified claim.<\/strong> Here the client, especially in the case of larger amounts in dispute<\/strong>, in advance<\/strong>, also should seek advice<\/strong>from his lawyer as to whether the insurance policy of the attorney in charge also covers the case-specific amount.<\/strong> Again and again we see in our everyday work in our law firm that immense gaps in coverage <\/a><\/strong> are present in the selected liability insurance for attorney liability<\/strong>. Under certain circumstances, this may result in the client in the event of a dispute being settled only a fragment<\/strong> of the damage incurred by him\/her.<\/strong> We would be happy to take your case too.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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An overview of the duties of a lawyer in the context of lawyer's liability:<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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