How do lawyers help their clients
This is where the Chamber helps
The Bar Association at the BGH is the right person to contact if you want to complain about your BGH attorney because, in your opinion, he has violated legal professional obligations. In addition, the Chamber acts as an intermediary in disputes between the client and the lawyer.
Complaint against a BGH lawyer
If you are of the opinion that a BGH lawyer has violated his professional duties, you can submit a written complaint to the Chamber. However, the chamber can only review the process if you describe in detail in your complaint which misconduct you are accusing the BGH lawyer. The complaint must therefore contain the detailed facts, the name of the BGH lawyer and your name and address. Please also read the brief description of professional duties (→ Professional and Remuneration Law).
As part of the appeal procedure, the Chamber cannot review the quality of the BGH attorney's performance. In order to assert claims for damages due to incorrect professional practice (e.g. due to errors in advice or incorrect litigation), the civil courts may have to be invoked. In the event of disputes between its members and their clients, the Chamber can mediate upon request and submit mediation proposals (Section 73 Paragraph 2 No. 3 BRAO).
In addition, there is an arbitration board of the legal profession (Rauchstrasse 26, 10787 Berlin) as a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act (VSBG); At the request of the consumer, it mediates free of charge in property disputes between the client and the lawyer. Information on the procedure before the arbitration board and information on the application to initiate an arbitration procedure can be found at www.schlichtungstelle-der-rechtsanwaltschaft.de.
Information about the liability insurance of a BGH lawyer
Upon request, the Chamber will provide third parties with information about the name and address of the professional liability insurance of a BGH lawyer and the insurance number, provided the lawyer has no overriding legitimate interest in not providing the information (Section 51 (6) sentence 2 BRAO). . The provision of information generally requires that the applicant conclusively presents his claim for damages to the Chamber. In your application for disclosure of the liability insurance data, please state (i) the matter in which your BGH lawyer has acted for you, (ii) the behavior in which you see a breach of duty and (iii) the (quantifiable) damage you suffered as a result originated. The chamber then gives the BGH attorney concerned the opportunity to comment on whether an overriding legitimate interest in not providing the information is being asserted. The chamber then makes its decision.
When can the Chamber not help?
Unfortunately, the Chamber cannot help you in a number of cases:
- The chamber cannot check the correctness of your BGH attorney's invoices. This is reserved for the civil courts. This also applies if a BGH lawyer has initiated enforcement measures against a client. The admissibility of enforcement can only be checked by the enforcement court.
- The civil courts are also responsible for claims for damages against lawyers. The chamber cannot check whether a BGH lawyer gave wrong advice or wrongly led a process.
- After all, the Chamber is not authorized to provide legal advice. It can therefore not give you any legal advice if you want to take legal action against your BGH lawyer or other persons.
Money Laundering Act - indications of violations
As a supervisory authority, according to Section 53 (1) Natural Gas Act, the Chamber receives information on actual or potential violations, which can also be submitted anonymously. These should be sent to the following address: Bar Association at the Federal Court of Justice, Herrenstrasse 45a, 76133 Karlsruhe.
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