How do I find a good lawyer?
Contacting a lawyer - Why?
Like most people, you may be wondering why you should even consult a lawyer. Nowadays, you can find answers to any questions on Google. You are correct in this regard. The internet is very useful for getting a first overview and clarifying general legal questions. However, anything beyond a non-binding information can only be provided by a lawyer. Disputes that may seem simple at first glance can become legally very complex. It is advisable to consult a lawyer before the worst-case scenario occurs in order to avoid exacerbating problems. A lawyer can help assess the chances of success, but also avoid a court hearing and achieve an out-of-court settlement.
Expertise and Experience
Only a licensed lawyer is authorized to provide legal advice and represent clients in court. A lawyer with professional experience and specialized knowledge, especially a specialist lawyer, is familiar with pitfalls and can support you competently.
Efficient communication with the other party
Individuals and institutions such as insurance companies, authorities, or the prosecution are well versed in their field. However, for ordinary citizens, the respective circumstances can be completely new territory. The lawyer will bring you back to eye level with the opposing party. In addition, you can rely on objective advice.
Keeping an overview even in a stressful life situation
A dispute can be very complex under certain circumstances and therefore requires constant concentration. It requires a lot of research and preparation to draft written submissions, prepare court dates, observe deadlines and keep the goal constantly in sight. This is a real challenge, especially in a situation where you are emotionally burdened. A lawyer can relieve you of a large part of this burden. It is reassuring to know that you do not have to solve a problem alone.
When is there a mandatory lawyer requirement and when can I represent myself?
In general, we recommend that you seek the advice of a lawyer, even if there is no direct requirement for a lawyer. A legal case requires legal expertise and negotiation skills. Of course, a lawyer cannot guarantee you victory in a legal dispute, but he will help you maximize your full potential for success.
In civil proceedings (disputes between individuals or with a company), it is possible to represent oneself before the local court (exceptions being divorce and maintenance or property disputes). However, for civil proceedings before the regional and higher regional courts, one must bring a lawyer.
In criminal law, there is no direct requirement for a lawyer. In cases where a defense is necessary, a duty counsel will be assigned to the defendant. Only a lawyer has the ability to access prosecutor's files.
In public law (disputes between citizens and governmental institutions, offices, and authorities), there is no obligation to have a lawyer present at administrative courts. However, at the higher administrative courts and the Federal Administrative Court, a lawyer must be consulted.
Lawyer fees: How expensive is legal representation?
The fee for an attorney's services is generally determined by the provisions of the Lawyers' Remuneration Act (RVG). The lawyer must adhere to the fees set out in the act. However, it may happen that the statutory remuneration is not in reasonable proportion to the time spent. In such a case, the lawyer can enter into a written fee agreement with the client.
Costs of an initial consultation
In Germany, an attorney can generally charge a fee for an initial consultation. The maximum fee for this is 190 euros plus VAT (§ 34 RVG). If the client then assigns the lawyer the mandate, the fee for the initial consultation will be deducted from the total fees later on.
What other costs may I incur?
There are two forms of remuneration: the fee for out-of-court representation and the fee for court representation.
Extrajudicial activity:
An attorney can act for you extrajudicially. Such representation includes, for example, correspondence, drafting contracts, and advising. The RVG is decisive for extrajudicial representation. Depending on the amount of work involved for the lawyer, the basic fees are multiplied by a certain factor or incurred several times. You also have the option of negotiating an individual fee with the lawyer.
Judicial representation:
The fees for a legal dispute before a court are also regulated by the RVG. The starting point for the calculation of court and attorney fees is the so-called dispute value, also known as the object value. The higher the dispute value, the higher the fees. In criminal law, different regulations apply. Here, the fees depend on the stages of the proceedings and the court.
Two important notes in conclusion: The Attorney Remuneration Act is binding for the lawyer. The lawyer can only claim higher fees than those specified by law if he has made a written agreement with his client. Specialist lawyers often negotiate individual fees with their clients.
Assistance with the assumption of legal costs:
For economic reasons, free legal advice may also be considered. Persons with low incomes can, under certain conditions, receive legal advice assistance in extrajudicial legal matters. If a court process becomes necessary, legal aid can be applied for. The lawyer must advise his clients on these options.
If you have legal expenses insurance, please check first whether it covers the costs. Please note the following: for certain types of services, insurance coverage only exists if the legal protection case has occurred at least three months after the start of the insurance coverage.
In the following official publications, you will find more detailed information:
Publication of the BMJV on legal advice and legal aid
Application for the granting of legal advice assistance
Application for legal aid or court costs assistance
What should you consider when choosing your lawyer?
Attorney or specialist lawyer?
A lawyer or specialist lawyer trained in Germany has completed the same legal education. Both are allowed to represent their clients in the courts where they are admitted. The big difference between a lawyer and a specialist lawyer is that the specialist lawyer specializes in one or more areas of expertise. The specialist lawyer must demonstrate his theoretical and practical experience in these areas of expertise. In addition, the specialist lawyer must complete annual further training in his area of expertise. Before a lawyer can apply for the specialist lawyer title, he must have practiced for at least three years. Due to new laws, the law is constantly changing. A specialist lawyer is always up to date in his field of law through his annual further training and follows all important judgments and all new laws. If you have a complex case, we recommend that you contact a specialist lawyer.
By publishing professional articles, a lawyer demonstrates their expertise and competence. It is not an easy task to present a complex matter in a comprehensible manner for laypeople. If a lawyer can accomplish this, they will likely succeed in client consultations as well. Furthermore, continuous publications ensure that the lawyer stays up to date in their field of law.
In legal counseling, a functional interpersonal relationship and a good level of trust are essential. Effective collaboration between lawyer and client is only possible if there is harmony between them. A lawyer should possess empathy, be attentive to their clients, listen carefully, and make their clients feel well taken care of.
From the initial contact to the assignment:
Step 1: Contact
After completing your search on anwalt24.de, you will be presented with search results that meet your specific criteria. Each lawyer has an individual profile that will assist you in making your decision. You can now choose between three options to contact the lawyer:
By telephone In-person at their office Via the online contact form The attorney will contact you promptly to arrange an initial consultation with you.
Step 2: The Initial Consultation
The initial consultation is crucial for both the client and the lawyer. During the first consultation (by phone or in person), the lawyer will clarify all the legally relevant aspects of your case with you and evaluate your chances of success. Afterward, you will have a much better understanding of your situation and know how to proceed.
In Germany, lawyers can generally charge a fee for an initial consultation. However, for consumers, the fee is capped: A maximum of €190 plus VAT may be charged for the initial consultation. (§ 34 RVG) This cost estimate applies to consumers. The fees may be higher for companies.
Step 3: Assigning the Mandate
If, based on the evaluation during the initial consultation, you have decided to pursue your claims and the conversation went well overall, you can now grant the lawyer the mandate and sign the corresponding power of attorney statement.
How to best prepare for your consultation appointment:
Gathering Documents: Collect all relevant documents pertaining to your case and bring them with you. Consider everything that could be important, such as contracts, contract addendums, letters that you have received or written, etc. If there is already a court proceeding underway, bring all written pleadings and correspondence. It is better to bring too much than too little.
Legal Protection: If you have legal protection insurance, bring the corresponding insurance documents.
Formulating Questions: Make a list of questions that you would like to ask the lawyer. This way, you won't forget anything.
Chronological Facts: If possible, organize the documents by date. This will help your lawyer find what they need more quickly. It is also always helpful to create a brief summary of the important points in your case before the consultation.
Information on Parties Involved: If witnesses or other involved parties are relevant to your case, it is best to compile a list of their contact information.
Setting Goals: Consider what you want to achieve even before the conversation. Do you want to reach a settlement as quickly as possible? Or do you want to take your opponent to court?
Questions to Ask During the Conversation:
Do I feel that my lawyer takes me seriously? Can I trust them? Are they taking enough time to answer my questions? Are they addressing my problems? Are they taking my worries and fears seriously? How do they react to my follow-up questions? Have they been able to explain everything to me in a way that I can understand? How long have they been working as a specialist lawyer? How many cases have they handled in this area of expertise? Have they provided me with a realistic, honest assessment of my case? Have they informed me about the anticipated costs?
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