Legal Liability
What happens if the lawyer makes a mistake?
What is legal liability law?
Wherever work is done, mistakes happen. This sentence, with its rather banal insight, undoubtedly also applies to the (work) activity of the lawyer, which he performs for his client. If the client has suffered economic or legal losses as a result of a mistake made by a lawyer, the client has a legitimate interest in making the lawyer formerly responsible for him liable. The lawyers' liability law provides answers to the questions as to which requirements for a lawyer's liability vis-à-vis his client and what consequences such a liability has.
What is a lawyer liable for?
The lawyer is liable towards his clientele in particular for a culpable violation of his obligations arising from the mandate contract. Jurisprudence generally places high demands on proper legal handling of mandates. The list of duties for the lawyer is extensive. In the opinion of the Federal Court of Justice (BGH), one of the fundamental duties of a lawyer is
- to instruct the client generally, comprehensively and as exhaustively as possible,
- to protect the client from errors,
- to advise the client of the steps that are likely to lead to the desired goal,
- Prevent disadvantages for the client insofar as they are predictable and avoidable, and
- inform clients about possible risks so that they are able to make an informed decision.
The lawyer, in the interests of the client, must always observe the so-called "command of the relatively safest way" and follow the client's instructions.
"Classics" of the legal breach are, for example:
- the limitation of claims of the client,
- the unsubstantiated lecture in judicial proceedings,
- missing (appeals) deadlines,
- the incorrect and / or insufficient instruction.
Did the lawyer culpably have a Breach of duty committed, he must compensate the client for the damage caused by this. To cover these claims for damages, which can be quite considerable depending on the content of the mandate, every lawyer is obliged to take out professional liability insurance with a minimum sum insured of EUR 250.000 per insured event and to maintain it for the duration of his admission (§ 51 BRAO). Unlike, for example, in the area of motor vehicle liability insurance, the injured client has no direct claim against the lawyer's professional liability insurer. This means that the injured client must always take immediate action against his former lawyer or his office and can only seize and transfer the lawyer's cover claim against the professional liability insurer in a next step.
Lawyers Gabler & Hendel – Your law firm in attorney liability law
Our law firm competently assists you in legal liability law. Regardless of whether your case concerns that your former lawyer did not limit the limitation of your claims, missed deadlines for appeal, not substantiated in the process, did not instruct you sufficiently, gave incorrect advice or disobeyed your instructions, we are happy to help and offer you Legal advice.
If you have any questions / concerns in the area of lawyers' liability law, simply contact our law firm by phone or email, ask about ours Lawyer Kaltenegger and make an appointment for a personal meeting in one of our law firms in Regensburg or Landshut.
