Why? For various reasons.
- Professional Qualification
The obvious reason is that you naturally want to be advised and, if necessary, represented in court by a lawyer who understands their craft. Therefore, the lawyer's professional qualification is of great importance.
However, one should not overestimate this selection criterion. At a certain "level", if I may express it that way, the qualifications of lawyers are quite similar.
Most specialized lawyers are quite knowledgeable in their field of law. That means they know the relevant laws and the case law related to them, or can reliably research them relatively quickly.
So, if you turn to a specialized lawyer in the relevant area of law with your legal problem, you should be on the safe side in terms of expertise.
- Personal Characteristics
Exaggeratedly formulated: It seems to me that finding the lawyer who suits your personality is almost more important than their professional qualification.
a) This does not mean that you and your lawyer have to be a Tinder match, to use a modern expression. You do not necessarily have to harmonize with each other regarding hobbies and other preferences.
But: It makes a considerable difference whether your lawyer recommends going to court as the first option for every legal problem, even if it means going through three instances up to the Federal Court of Justice, or whether he or she tries to find an amicable settlement with the opposing party first, in consultation with you.
This is also a question of personality - yours and that of your lawyer. Should you argue or settle? Should you seek a compromise or assert your own position energetically/uncompromisingly? Should your lawyer be more of a "mediator" or a "hardliner"? ...
b) The strategy one chooses, the path one takes, has a significant influence on the course and outcome of the proceedings. Not only in terms of time and cost, but the strategy also strongly influences whether you can (and want to) look the opposing party in the eye afterwards.
c) The lawyer's personality is also crucial for how pleasant or unpleasant the legal dispute will appear to you (in retrospect). Of course, this also depends on your opponent. But honestly: You will spend significantly more time dealing with your lawyer during a legal dispute than with the opposing party. Ideally, your lawyer even shields you from the hostile attacks of the opposing party. Therefore, it is important that you at least find dealing with your lawyer as pleasant and as little burdensome as possible, given the circumstances.
Inquire: Do I enjoy calling upon my attorney? How do they react to my proposals and objections? Am I uncomfortable discussing certain points with my lawyer? How will I be treated if I need to speak with my attorney on short notice.
3. Costs
Legal services come with a price tag. While there is a standardized fee schedule (RVG) that applies to all lawyers, it is customary in commercial law for law firms to bill their clients based on time spent, as opposed to adhering strictly to the RVG. This practice is both permissible and common.
Consequently, the hourly rate charged, whether it be €200, €400, or €600, and whether you retain one or two attorneys to represent you, can make a considerable difference.
4. Conclusion
My recommendation is to engage an attorney or law firm that you feel comfortable with, both financially and otherwise. In this sense, the attorney and client should be a good match, sharing similar perspectives. This will facilitate the development of a coherent and convincing joint strategy.
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