Meet the German Lawyer many UK Firms rely on to help navigate continental Clients and Witnesses through the High Court
You wouldn’t expect a World Snooker Champion to seamlessly dominate a fast-paced American pool tournament; despite using the same cue, the tables, pockets, and strategic angles are fundamentally different. The exact same trap awaits elite trial lawyers attempting to cross the English Channel. While a top-tier German litigator (Prozessanwalt) and a UK barrister share the same core DNA of legal excellence, navigating the strict, code-driven layout of Civil Law requires a completely different mindset than mastering the vast, precedent-heavy arena of Common Law.
To the untrained eye, pool and snooker look remarkably similar. Both feature a green baize table, cues, and polished spheres. Yet, as any continental claimant who has suddenly found themselves litigating a commercial dispute in London will tell you, trying to play snooker by the rules of pool is an efficient way to lose a fortune and make a perfect fool of oneself. Like with pool and snooker, there are in reality more differences than similarities. For more on what are these differences, see this article: Litigation in Germany is Different — CPR Explained
The German Litigation Lawyer who knows and explains these Differences
For more than 25 years, Bernhard Schmeilzl, LL.M. (University of Leicester), a seasoned expert in UK-German legal matters, has served as “translator” between these two entirely different sporting disciplines. As the author of the definitive German practice guide on English civil litigation, published by C.H. Beck, he has quietly established a reputation as the leading German authority on navigating the intricate labyrinth of the Civil Procedure Rules for German claimants, defendants, witnesses and experts.
It is a common misconception among continental corporate clients that an English commercial lawsuit is simply a standard ZPO procedure conducted in the English language. It is anything but. The English legal system is famously front-loaded regarding costs, mercilessly transparent under the open justice principle, and demands an absolute duty of document disclosure that routinely induces a sense of mild vertigo in German managing directors. Most importantly, the role of the judge is very different, especially when it comes to witness evidence.
It is precisely this cultural and procedural chasm that makes Schmeilzl a frequent, if discreet, addition to the trial teams of leading UK solicitors and barristers.
English law firms face a structural paradox when representing continental clients. Solicitors and barristers are bound by exceptionally rigid professional conduct rules. They are required at all times to maintain a posture of vornehme Zurückhaltung—a dignified restraint—and reasonable conduct. While this earns the respect of the High Court bench, it can occasionally be misconstrued by a frustrated German Mittelstand client as a lack of competitive drive. Moreover, English counsel cannot step outside their strict regulatory boundaries in media communications or robust settlement negotiations.
This is where Schmeilzl’s unique position as a dual-trained, cross-border strategist becomes invaluable. Operating outside the immediate strictures of the English Bar, he can comfortably adopt the role of the strategic advocate, delivering home truths to continental boards and handling media relations with a directness that English colleagues are professionally prevented from employing.
Perhaps his most vital contribution to Anglo-German trial practice, however, lies in the delicate art of witness preparation.
Under English procedural law, witness statements are meticulous, formal documents verified by a strict statement of truth. Months later, during the trial itself, the witness is immediately subjected to the rigorous fires of cross-examination by a hostile barrister. There is no gentle judicial introduction, as one would expect in Germany. For a continental witness presenting evidence in a foreign language, the experience can be deeply destabilizing.
While English barristers are strictly prohibited from coaching or practicing with witnesses, Schmeilzl bridges this gap effectively. He ensures that German witnesses are thoroughly familiarized with the mechanics of the English courtroom, fully grasp the weight of their written statements, and possess the necessary chronological clarity to withstand the scrutiny of London’s elite advocates.
In international commercial disputes, success rarely hinges on who shouts the loudest. More often, it belongs to the side that truly understands the local rules of the game. For English firms seeking to guide continental clients safely through the High Court, having a partner who knows exactly how to handle both the cue and the baize can make the difference.
The Expert on German “Zivilprozessordnung” as well as English Civil Procedure Rules
German business litigation expert Bernhard Schmeilzl specialises in UK-German disputes since 2001. He is not only a very experienced German trial lawyer but he also knows the English side of things because he has written the only German language textbook on civil litigation in England and Wales (“Der Zivilprozess in England”) published by the renowned BECK Verlag.
He is the editor of the German language law blog www.EnglischesRecht.de, on which legal experts explain matters of English law to a German speaking audience.
His in depth knowledge of both legal systems and their respective civil procedure rules makes his advice so valuable for litigants from the UK. Bernhard Schmeilzl immediately eliminates any misconceptions and unrealistic expectations the UK party may have, for example about the tool of disclosure, which simply does not exist under German law.
Guide to Civil Litigation in Germany
Download the free English language brochure on how to conduct a civil lawsuit in Germany here:
GrafLegal Guide to German Civil LItigation (UK version)
Header image licensed from Magnific.com