Category

Litigation in Germany

German LawLitigation in Germany

So much for Legal Tech in Germany

German Supreme Court rules that German lawyers must keep a docketing system (deadline planner) in paper form at all times A central professional task and duty of any lawyer is to diligently calculate, monitor and adhere to all relevant deadlines (which in German are called "Fristen"), be it court dates to submit briefs, limitation periods or other deadlines. In order to prove that a document has been sent out in time, paralegals in German law…
Bernhard Schmeilzl
June 4, 2019
Civil actionGoing to courtLitigation in Germany

German Litigation Consultants and Forensic Experts

Do German Civil Procedure Rules Permit Witness Preparation? The first thing every US litigator must understand when it comes to German civil and criminal cases is that in a German courtroom there is no jury. At all! This fact alone eliminates much of the courtroom drama, acting and psychological witness examination techniques which are commonly used under United States procedure rules. In the absence of a jury, there is no need for psychological litigation consultants…
Bernhard Schmeilzl
March 1, 2019
Civil actionCriminal LawGerman Tort LawGoing to courtLitigation in Germany

Medical Malpractice Lawsuits in Germany

How to sue a German Hospital or Physician for Medical Malpractice If you believe that you or a loved one suffered an injury caused by medical negligence (medical mistakes) in Germany, the first step is to stay calm -- as difficult as that may be -- and to try and collect as much factual information as possible without immediately declaring all out war on the medical staff or the hospital. Why? Because once you openly…
Bernhard Schmeilzl
February 20, 2019
Criminal LawGerman Tort LawLitigation in Germany

Witness to a Crime in Germany?

Your Rights and Duties as a Witness to a Crime in Germany In case you have observed a criminal offence in Germany or if -- for whatever reason -- you have knowledge about factual circumstances relevant in connection with a German criminal investigation, you may be approached by the German police or the German public prosecutor (Staatsanwalt) and asked to give a witness statement. Here's what you should know as a (potential) witness in a German…
Bernhard Schmeilzl
January 22, 2019
European ProbateGerman ProbateGerman Succession & Inheritance LawInternational ProbateLitigation in GermanyWills and Succession Planning

How to speed up German Probate Applications

Avoid common mistakes in your application for a German grant of probate (Erbschein) The basics of the German non-contentious probate procedure are explained in the post How to apply for German Probate. There you can also find an example of what a genuine German grant, i.e. the “Erbschein” (certificate of inheritance) looks like. For those who want to dig deeper and get really technical about German probate, we now examine the central statutes of German…
Bernhard Schmeilzl
October 26, 2018
Business in GermanyGerman LawLitigation in Germany

British Solicitors: better brace for a cliff-edge Brexit

“Brexit not the end of the world” Theresa May recently statedthat a no-deal Brexit ‘wouldn’t be the end of the world’. How reassuring! If you are an English or Scottish solicitor who specialises in international law, such a rock hard Brexit may, however, well be the end of your career as an internation lawyer. Because in case of an ever more likely no-deal scenario, English solicitors will no longer be able to provide legal services…
Bernhard Schmeilzl
August 30, 2018
Business in GermanyCivil actionGerman Corporate LawGerman LawGoing to courtLitigation in GermanyStarting Business

Harsh “Unfair Competition” Rules in Germany

The German Habit of sending out Cease and Desist Letters to Competitors When you start trading in Germany you may be in for unpleasant surprises. The first letter your German subsidiary receives may likely be a formal cease and desist notice sent by your competitor's lawyers. Why? Because under German unfair competition laws, every business has the right to formally demand competitors to fully comply with any and all German laws. And there are many…
Bernhard Schmeilzl
January 25, 2018
Civil actionContract TemplatesDebt collectionGerman LawGoing to courtLitigation in Germany

Your German Debtor asks for Relief from Payment?

Then you should use this opportunity to obtain a so called "abstraktes Schuldanerkenntnis" (an autonomous acknowledgement of debt) from your German debtor. This is sometimes also called "selbstständiges Schuldanerkenntnis" or "Schuldversprechen". In other words: You agree to grant the debtor a moratorium (or a deferred payment) of a few weeks or months, but only under the condition that the debtor signs a Schuldanerkenntnis (a formal "I owe you"). Such a written debt acknowledgment according to…
Bernhard Schmeilzl
January 24, 2018
Civil actionDebt collectionGerman LawGerman Tort LawGoing to courtLitigation in Germany

Litigation Costs in Germany: Basic Principles and an Online Cost Calculator

By German Litigation Expert Bernhard H. Schmeilzl, LL.M. (Leicester), admitted to the Munich Bar and qualified to represent clients in Courts of Law throughout Germany Court fees (Gerichtskosten) in Germany are based on the value of the claim (Streitwert or Gegenstandswert). The same is true for lawyers fees (Anwaltsgebühren) which are regulated by statutory law, the so called Rechtsanwaltsvergütungsgesetz (RVG). We explain the details of German civil litigation procedure including litigation costs in our expert…
Bernhard Schmeilzl
December 8, 2017
Business in GermanyCivil actionCriminal LawGerman Corporate LawGerman Tax LawGerman Tort LawGoing to courtLitigation in GermanyM&A Germany

Forensic Accountant for Business Litigation in Germany

You need to understand German company accounts for a German lawsuit? In order to win a business or corporate law suit, understanding the numbers is often equally important as knowing the legal aspects of the case. The same is true if you plan to acquire a German business. Thus, the German-British litigation lawyers as well as the M&A experts at Graf & Partners (www.grafegal.com) regularly team up with German forensic accountant Hermann Werle. Hermann obtained…
Bernhard Schmeilzl
November 3, 2017