Why are lawyers perceived as risk averse?

(249-312) (781.7 kB) - lawyer gazette

German Lawyers Association

from the content

A11041

52nd German Lawyers' Day in Bremen

May 24th to 26th, 2001 - take part!

Essays

Applicable law in the client relationship

an international law firm

(Mankowski) 249

Marketing for mediation (Hommerich) 258

Immigration law questionable (Pfaff) 267

From the work of the DAV

Current specialist program 52nd Lawyers' Day 277

ARGE Construction Law, Annual Report 2000 284

announcements

2. Erfurt days of labor law 288

Travel expenses of the foreign lawyer 289

Jurisprudence

BGH: Use of a registry designation 296

LG Bonn: Defense attorney power of attorney

Attorney-at-Law 300

BGH: Fee for appointment representatives 302

5/2001

May DeutscherAnwaltVerlag


On behalf of

German Bar Association

published by the

Lawyers:

Felix Busse

Dr. Michael Kleine-Cosack

Wolfgang Schwackenberg

Essays

249 Applicable law for the mandate relationship of a

international law firm

By private lecturer Dr. Peter Mankowski,

Osnabrück / Bielefeld

258 Marketing for Mediation

From Prof. Dr. Christoph Hommerich,

Bergisch Gladbach

265 The draft amendment to the Social Court Act

falls short

From attorney Prof. Dr. Raimund Wimmer, Bonn

267 The questionability of an immigration law

By attorney Victor Pfaff, Frankfurt

269 ​​Of glasses and commemorative publications - realities and

Opportunities in the legal advice market -

By lawyer Andreas Hagenkötter, Berlin

From the work of the DAV

Editing:

Table of Contents

Dr. Peter Hamacher

Udo Henke

Lawyers

Berlin, Littenstrasse 11

Volume 51

May 2001

277 52nd German Lawyers' Day - May 24-26, 2001

Bremen: Technical program (updated version)

283 DAV regional associations:

Involve lawyers in Mecklenburg-Western Pomerania

284

join the discussion on the planned judicial reform

By lawyer Rolf-Michael Eggert, Grimmen

From the committees:

Professional law and partnership law committee

From lawyer Dr. Peter Hamacher

Tenancy and Housing Law Committee

By lawyer Udo Henke, Berlin

Criminal Law Committee

By lawyer Tanja Albert, Berlin

ARGE Construction Law: Annual Report of

ARGE building rights for 2000

By lawyer Udo Henke, Berlin

286 FORUM Young Lawyers: The year 2000 in retrospect

By lawyer Tanja Irion, Hamburg

Personal details: Awards for lawyers

Book reference:

MöllerGlöge, Prize: Erfurt Commentary on Labor Law

(Beck)

b 5/2001

l

Ermann: Civil Code, hand comment

(Dr. Otto Schmidt)

Europe

287 EU Anti-Money Laundering Directive - lawyers are not

Spies!

By Thomas Zerdick, LL.M., Brussels

Europe at a glance

By Thomas Zerdick, LL.M., Brussels

announcements

288 Foundation "Remembrance, Responsibility and Future"

Labor law: Second Erfurt days of labor law

By lawyer Ulrich Förster, Erfurt

289 fee questions:

Travel expenses for a foreign lawyer

By lawyer Heinz Schroers, Rangsdorf

240 Fee sharing - on Section 49b (3) sentence 2 ff. BRAO

From attorney Gerhard Baer, ​​Karlsruhe

292 Liability issues: possibilities of

Limitation of Liability for Lawyers (Part 2)

By attorney Holger Grams

Allianz Versicherungs-AG, Munich

Jurisprudence

(For overview and guiding principles, see page II)

296 Professional Law

301 Law on fees

305 Amount in dispute, costs, reimbursement

312 imprint

On the envelope

The Lawyer gazette is printed on technically chlorine-free recycled paper.

DAV information on pages VI, VIII, XXXIV

Internet updates page XXVIII

DAV service page XXXVI

Lawyer Art Journal page U 3


II

Jurisprudence

Professional law

BGH, decision of 13.3.2000 - AnwZ (B) 28/99

BRAO § 14 Paragraph 2 No. 7, § 209 Paragraph 1

1. The opening of insolvency proceedings against the assets of a legal adviser, the member

a bar association, and the application submitted in the context of this procedure

The discharge of residual debt does not in itself justify the assumption that the interests of the legal seeker

are no longer at risk.

2. That legal advisers under new law basically only have a limited license for business-like

Legal agency is granted, prevents the revocation of an earlier right

"Full license" does not apply if the requirements of § 14

Paragraph 2 No. 7 BRAO are fulfilled. - p. 296

BGH, decision of February 12, 2001 - AnwZ (B) 11/00

BRAO § 43 b

On the use of a firm's name - p. 296

AGH Rhineland-Palatinate, decision of September 6, 2000 - 2 AGH 23/99

BRAO § 43 b

The designation “Dipl. Wirtschaftsjurist (SWA) "exceeds the limits of admissible advertising,

because the designation was not preceded by a proper course of study with an examination performance

is and nobody knows what "SWA" is. (LS of the editor) - p. 298

BGH, ruling v. October 5, 2000 - I ZR 224/98

BRAO § 45 Paragraph 1 No. 4; UWG §§ 1, 13, Paragraph 5

1. The warning of competition violations cannot be given to a trader for this reason alone

generally prohibited as an anti-competitive hindrance to the warned competitors

because the warning activity has no reasonable economic relationship to the scope

his own commercial activity.

A lawyer who violates Section 45 (1) No. 4 BRAO is not acting in an anti-competitive manner at the same time,

even if this regulation is a so-called value-related standard. - p. 298

LG Bonn, decision of 12/27/2000 - 37 Qs 59/00

BRAO § 59 Paragraph 1 Clause 4; StPO §§ 137 ff.

1. If the accused engages a law firm with his defense, only

the attorney who acts specifically for the GmbH vis-à-vis the court

of the accused within the meaning of the StPO.

2. A power of attorney form which, apart from a signature, does not contain any date or other entries

is unsuitable as proof of a proper authorization. - p. 300

BGH, ruling v. 11.1.2001 - III ZR 148/00

ZPO § 233

The requirement of an exit control for written submissions that meet the deadline is sufficient if the

Lawyer signed and enveloped the pleading in a "post office" of his

Law firm and it is guaranteed on the basis of general organizational instructions that

Letters stored there franked and sent to the post office on the same day without any further intermediate steps

become. - p. 300

Fee law

KG, decision of October 12, 1999 - 1 W 434/99

BRAGO § 52; EGBG Art. 28; ZPO § 91

Also in the case of commissioning an international, regional law firm with offices

in the area of ​​the foreign seat of the party and at the place of the trial court are traffic attorney fees

in addition to the costs incurred in accordance with § 31 BRAGO, generally not determinable

(Supplement to Senate, inter alia in KG-Report Berlin 1995, 117). - p. 301

BGH, ruling v. June 29, 2000 - I ZR 122/98

BRAGO § 53; UWG § 1; BRAO § 49b

If the legal representative gives an appointment representative in his own name the order to keep appointments,

so this is usually the vicarious agent of the authorized representative and

deserves the fee for this one. The obligation to pay compensation is not bound by the fee regulation

of § 53 BRAGO according to the internal agreement between the appointment representative and

the legal representative. A violation of § 49b BRAO is not given if the appointment representative

receives less than the fees provided for in § 53 BRAGO. - p. 302

BayObLG, decision of 8.2.2000 - 1Z BR 150/99

BGB § 1836, § 1836a, § 1836c, § 1836d, § 1836e, § 1960 FGG § 56g, § 75

1. In the process of determining the remuneration of the curator of the estate has been in force since the law amending the law on supervision

on 1.1.1999 the further complaint only as immediate and

only given if it has been approved by the regional court.

2. For the period from the entry into force. of the Amending Law on Care Rights is the remuneration of the

Curator of the estate, who after the determination of the probate court professionally leads the guardianship,

generally to be billed according to the time required and hourly rate

3. For the question of whether there is a lack of means and therefore the remuneration to be paid from the state treasury

is based on the active discount. Lack of means exists when the remuneration is due

the active discount is not covered.

4. To calculate the curator remuneration, if the curator both before the entry into force

the new regulation of remuneration through the law amending the law on childcare rights as well as

took action after this point in time. - p. 302

Amount in dispute, costs, reimbursement

BayObLG, decision of 6/28/2000 - 3 Z BR 143/00

BRAGO §§ 8, 10; BGB § 1896

1. The determination of the subject value for the examination of an application for the order of a

Support is based on Section 8, Paragraph 2, Sentence 2 of the BRAGO.

2. For the verifiability of the judge's discretion, of the standard value of

8,000 DM not to deviate. - p. 305

Brandenburg Higher Regional Court, decision of 12/14/2000 - 1 W 13/00

BRAGO § 18 Paragraph 2; ZPO § 103 Abs. 2

The cost calculation does not have to be signed by the lawyer who developed the activity

be. If the fees and expenses incurred already result from the court file,

no credibility is required. (LS of the editor) - p. 306

OLG Düsseldorf, decision of 10/26/2000 - 10 W 94/00

BRAGO §§ 28, 43 Paragraph 1 No. 1; ZPO § 91 Abs. 2, §§ 78, 689

1. Entrusts the obligee to the issuance of the order for payment by one at his place of residence

resident attorney has applied for one with the foreign attorney in the subsequent dispute proceedings

Litigation court resident attorney as a procurator, so lies because of the

1.1.2000 valid version of § 78 ZPO no case of a necessary change of lawyer i. S. d.

Section 91, Paragraph 2, Sentence 3 of the ZPO.

2. Becomes a sub-agent in addition to the agent who previously acted as a dunning attorney

commissioned to hold the hearing before the foreign court of dispute,

the resulting additional costs are reimbursable to the extent to which

saves the legal representative the cost of traveling to this court

have been. - p. 306

OLG Düsseldorf, decision of October 9, 2000 - 18 W 44/00

BRAGO § 43 Paragraph 1 No. 1; ZPO § 91 Abs. 1 S. 1, § 689 Abs. 2 S. 2

For the reimbursement of the lawyers' fees (correspondence lawyer fees) it does not apply

on whether an objection to the payment order was to be expected. - p. 308

OLG Düsseldorf, decision of 10.10.2000 - 10 WF 18/00

BRAGO §§ 128, 130 Paragraph 1; GKG Section 2 Paragraph 4, Section 54 No. 2, Section 58 Paragraph 2 Sentence 2; ZPO § 92 Abs. 1 S. 2,

Sections 106, 121 para. 1

1. Has the Kl already paid more court costs than he had after a defendant as PKH

Party has to bear a closed litigation, he can counter the excess amount

let the complainant set in accordance with the cost quota allotted to this, without the

Reimbursement due to legal aid approval fails.

2. Something else applies to the lawyer's fees, the one who wins in the first instance

The complainant was assigned when the state treasury passed the complaint to the lawyer

has made use of the PKH remuneration paid, citing Section 130 (1) BRAGO

and the parties then, in the course of appeal, a process settlement with cost ratios

shut down. Because of the associate attorney's fees paid by the Kl, a full one

Reimbursement obligation given by the state treasury. - p. 308

OLG Munich, decision of 8/24/2000 - 11 W 2259/00

ZPO §§ 78, 91

Even after the new regulation of the postulation authority, legal travel expenses are only within the framework

Fictitious travel expenses saved by the party for the information of a legal representative on

Refundable place of trial court. - p. 310

OLG Koblenz, decision of April 15, 1999 - 14 W 200/99

ZPO § 91

In a settlement, one party assumes the entire judicial and extrajudicial costs

of the procedure and that of the settlement, the interpretation of this settlement (namely

of the party behavior that led to the conclusion of the contract) if the comparison on the part of the

Beneficiary has been negotiated for him by his traffic lawyer, lead to that

also the legal procedural costs of the traffic attorney (traffic fee, settlement fee)

should be taken. The inclusion of pre-litigation costs (according to § 118 BRAGO)

however, fails because of the wording of the settlement ("procedural costs"). - p. 310

Schleswig-Holstein LAG; Acceleration of July 25, 2000 - 1 TA 78 a / 00

ZPO § 91

Appoints a union represented in the district of the regional labor court, which the employee

had been authorized to defend against the employer's appeal,

a lawyer resident at the court seat as a sub-agent to keep appointments,

the resulting additional costs are usually not reimbursable. - p. 310

OLG Düsseldorf, decision of July 13, 2000 - 20 W 37/00

ZPO § 93

A proper warning after which the creditor of a competition law or

initiate legal proceedings without the cost risk of § 93 ZPO

can, does not exist if it is rejected due to the lack of a power of attorney

becomes. The mere assurance of the authorization is not sufficient (supplement to Senate NJWE-

WettbR 1999, 263). - p. 311

OLG Munich, decision of 11/30/2000 - 11 W 3051/00

ZPO § 104

The parties agree in a settlement that it will be the first instance's decision on costs

should have ended, interest can already be charged from the receipt of the due on the basis of the first judgment

Cost fixing request are required. - p. 311

LG Nürnberg-Fürth, decision of November 6, 2000 - 15 T 6862/00

ZPO § 788

Costs of a partial payment settlement offset against partial payments by the debtor do not belong

to the costs i. S. d. § 788 ZPO. (LS of the editor) - S. 312


VI

4

In this booklet:

Read from the

Work of the DAV on pages 277 to 286:

52nd German Lawyers' Day 2001

Professional program / lawyers in Mecklenburg-Western Pomerania

against judicial reform

/ From the committees /

ARGE Construction Law / Young Lawyers Forum

/ Personal details

Fee law in AGS No. 5/2001 *

9 Kindermann: Reimbursement of costs

Questions when representing a

Party through several lawyers

in litigation

9 Düsseldorf Public Procurement Chamber: amount in dispute

in the procedure before the public procurement tribunal

9 Jena Higher Regional Court: Value in dispute of the self-employed

Evidence procedure in previous

Private appraisal

9 Cologne Higher Regional Court: lawsuit and counterclaims

in the case of equalization of profits, amount in dispute

9 Düsseldorf Higher Regional Court: Reimbursement of

Sub-agent costs

* “Lawyers' Fees Special” (AGS) appears

monthly on 24 pages in Deutscher Anwaltverlag

and is ed. by RA Madert in connection

with the fee law committee of

German bar association with constant cooperation

by VRiKG a. D. von Eicken, legal clerk

Hellstab, qualified forensic clerk from König

and the editors of the Lawyer gazetteit.

More information and a trial subscription

can be obtained from Deutscher Anwaltverlag in

53111 Bonn, Wachsbleiche 7, Tel. 0228 / 91911-0.

Domestic events

German Lawyers Academy

Seminars in May and June 2001

9 Litigation Tactics

FA for tax law Lausmann

May 19, 2001 in Erfurt

Seminar: R 32506-01

9 Execution of the real estate contract

Notary Director Ettl

May 19, 2001 in Hanover

(Seminar R 13141-)

September 1st in Göttingen

(Seminar R 13158-01)

9 The measured rent increases

and cuts

Prof. Dr. Sternel

June 2, 2001 in Dortmund

Seminar: R 21909-01

9 The family law mandate

Lawyer Mecklenbrauck

June 9, 2001 in Frankfurt a.M.

Seminar: R 31236-01

9 Legal Tactics in Dismissal Protection Matters

RA Dr. Baeck

June 15, 2001 in Hamburg

Seminar: R 11017-01

9 International forwarding and

Freight Law

RA Prof. Dr. Herber

RA Dr. Thume

June 15-16, 2001 in Cyprus / Limassol

Seminar: R 21809-01

Registration and information:

German Lawyers Academy, Littenstr. 11

10179 Berlin, phone: 030 / 726153-0,

Fax: 030 / 726153-111

www.anwaltakademie.de

University of Cologne -

Institute for Legal Law

Lecture series "Introduction to

the legal profession "

In the 2001 summer semester, Prof.

Dr.Barbara Grunewald and Prof. Dr.

Martin Henssler, directors of the institute

for legal law at the university

zu Cologne, as part of the lecture series

"Introduction to the Legal Profession"

Lecture events on the

the following topics:

9 RAuN Rembert Brieske (Vice President

of the DAV), "The future of legal

Employment "(8 May 2001)

9 Torsten Schneider (Ass. Jur., Gerling-

Group), “FitfürdenJob – Wiewerbe

me for myself? "(May 22, 2001)

9 Prof. Dr. Martin Henssler (managing director

Director of the institute

for labor and commercial law),

"Current questions of

9

In-house lawyer "(May 29, 2001)

Prof. Dr. Dr. Michael Martinek,

M.C.J. (University of Saarland),

"McLaw’s - Legal franchising?"

(12.6.2001)

9 RA Dr. Klaus Hubert Görg (Görg

Lawyers, Cologne), "Legal

9

legal tasks in insolvency law "

(26.6.2001)

RA Dr. Bernd Hirtz (Lawyer Dr. Gotzmann,

Mill, Dr. Hirtz, Dr. Piston,

Cologne), “Appeal in

Civil matters - requirements for the

Legal activity "(July 10, 2001).

The events take place on Tuesdays

from 5 p.m. to 7 p.m. in the New Senate Hall

of the University of Cologne, main building,

Albertus-Magnus-Platz, 50923 Cologne

instead of. Participation is free, one

Registration not required.

The lecture series will be in the winter semester

Continued in 2001/2002. Well-known

Speakers are expected

on the subject of “The German lawyer

in the European consulting market "

(Attorney Dr. Heike Lörcher, Managing Director

the BRAK, Brussels),

"Conflicts of interest in the legal

Professional practice "(Prof. Dr. Martin

Henssler, Cologne), "The criminal defense attorney"

(Attorney Prof. Dr. Franz Salditt, Neuwied),

“Successful search for lawyers

Niches as a young lawyer - telecommunications law "

(RA Dr. Alexander

Ruhrmann, Burghausen), “From the legal

Word usage "(RA Dr. Bernd

Hirtz, Cologne) and “The liability of

Attorney "(Attorney Erich Hartmann,

Gerling Group, Cologne).

More information: www.uni-koeln.de/

jur-fak / instawr / (events) or

under Tel. 0221/4705711.

(Continued on page VIII)

In the next issue, among others:

9 Dispute Settlement Fees

9 Legal advice


VIII

4

(Continued from page VI)

University of Rostock -

Institute for Legal Law

- Lecture series for

Legal Law SS 2001 -

Thursdays 4.15pm to 5.45pm

Room 2361 (Warnemünde)

9 lawyer marketing and solicitation,

3.5.2001

RA Dr. Schulze, Grieger law firm

Mallison

9 duties and taxation of

Law firm, May 10, 2001

Attorney Dr. Lampe and RA Parbst,

Grieger Mallison AG

9 lawyer fees law,

17.5.2001

Attorney Milewski, Großkopf law firm

and Milewski

9 The business lawyer, May 31, 2001

RA Dr. Geerds, Schulz law firm,

Noack, Bärwinkel

9 niches in the legal market

7.6.2001

RA Baumgärtel, law firm Beiten

Burkhardt Mittl & Wegener

9 The defense attorney, June 14, 2001

Lawyer Löcker, law firm Löcker & Kollegen

9 The family law mandate

(Room 1219), June 21, 2001

RA Stocker, law firm Stocker &

Thurmann

9 The administrative mandate,

28.6.2001

RA Mevert, law firm Paar &

Cutting wind

9 The lawyer as bankruptcy agent

Receivable administrator, July 5, 2001

RA Mück, Becker law firm, Münzel

& Partners

9 Road traffic law

Mandate, July 12, 2001

Attorney Heinrich, Heinrich Chancellery

The Institute for Legal Law holds for the first time

in the summer semester 2001 one

Lecture series on legal law.

The lecture is intended to provide an insight into

the professional organization and the legal

Give professional rights as well as a

Overview of the most important areas of law

convey the general practice.

The event is for both

Students as well as trainees and

suitable for young lawyers.

Prof. Dr. Detlef Czybulka

Dean of the Faculty of Law

6. International Berlin

Business law discussion

Date / Place: May 7, 2001, from 10.00

until 5.30 p.m. at the Humboldt University

zu Berlin (Senate Hall, main building)

Subjects:

9 companies on international

Markets - legal structures

and strategies

9 cross-border legal issues

Business combinations

9 company takeovers in Europe

context

9 Group structure and shareholder rights:

Subsidiary IPO

9 Followed by a panel discussion

on internet marketplaces and antitrust law

Information and registration: Wilmer,

Cutler & Pickering, Friedrichstrasse. 95

10117 Berlin, Tel .: 0 30 -20 22 64 00,

Fax: 0 30 -20 22 65 00. Free participation.

Events abroad

Association Internationale

des Jeunes Avocats (AIJA) and

Aribtration Institute

of the Stockholm

Chamber of Commerce

Introduction to arbitration

Introduction à l’aritrage

Topics of the event:

Introducing Aribitration as a Dispute

Resolution Method

9 Pros and Cons on Arbitration

9 Types of Aribtration and Major Arbitration

Institutions

9 The New Swedish Arbitration Act

9 Arbitration Institute of the Stockholm

Camber of Commerce

9 The Arbitration Clause - Form and

Scope

9 Arbitrability and Mandatory Rules

of Law

9 Role of States in Arbitration

9 Multi-party arbitration

The Arbitration Proceedings

9 Constitution of the Tribunal and

Procedural Framework of the Proceedings

9 Choice of Law

9 Evidence in Arbitration

9 interim measures

Special questions

9 Setting aside and enforcement of

Awards

9 East-West Disputes

9 Fast Track Arbitration

9 Internet and Online Arbitration

9 Alternative Dispute Resolution

The lectures will be in English

Language held without simultaneous translation.

There are workshops on different

Specialist topics. The results

are presented and discussed.

The speakers come from Belgium,

Denmark, Germany, England,

Finland, Sweden and Switzerland.

Time and place:

June 13-16, 2001, Stockholm

Fees:

AIJA members < 30="" euro="">

AIJA members> 30 euros 450

Non-members < 30="" euro="">

Accompanying persons Euro 100

Information and registration:

AIJA, Avenue Louis Lepoutre, 59/20,

1050 Brussels Belgium, phone: + 32 2 -

347 33 34, Fax: + 32 2 - 347 55 22,

Email: [email protected],

Website: http://www.aija.org

(Continued on page XXXIV)


On behalf of

German Bar Association

published by the

Lawyers:

Felix Busse

Dr. Michael Kleine-Cosack

Wolfgang Schwackenberg

Applicable Law

in the client relationship

an international

Law firm

Privatdozent Dr. Peter Mankowski, Osnabrück / Bielefeld

I. Introduction

Editing:

Dr. Peter Hamacher

Udo Henke

Lawyers

Berlin, Littenstrasse 11

Volume 51

May 2001 AQl

The legal business is becoming more international. Hardly any

Week goes by in which one does not notice the merger of a German

with a foreign law firm, primarily

from the Anglo-American area, can read 1. International

Lawyers associations with participation of German

Law firms are now legion. Was it the end of the

1980s and early 1990s 2 mostly about branches

established German law firms in central and

Eastern European states, that is what those associations are like today

between large firms from the Anglo-American

Room 3 and German law firms the most important

Design 4. At the same time, the expansion of the Big Five is undermining

the worldwide American accounting firms

on the legal advice markets 5. Also German-Austrian

Alliances enjoy one

certain popularity 6. There are also z. B. foundations

of foreign offices of German law firms in Europe

Abroad, even in London 7. The reasons and forms

such cross-border mergers

diverse 8. The international ones play a prominent role

"All-round support" for client companies

(one stop service, international clients rely on their

new markets follows) 9 and specialization, which is often a

coordinated collaboration with other specialists

seems desirable 10. The European internal market process

promotes expansion and internationalization

of law firms an additional 11. Of course it has

this internationalization also has legal dimensions.

On the one hand is the legal form of the merger

or to clarify the cooperation 12. To that extent read

the questions: Will an overarching social structure emerge?

What law is it subject to, if any? The

News for the members

of the German Lawyers' Association V.

should not be examined further here 13. On the other hand

takes the number of mandates processed across borders

to. The possibility of international clients in

Offer legal services to as many states as possible

being able to do so is one of the main motives for internationalization

of the legal business. A recruited in a country

If possible, the client should also contact the

other partner firms of the association "passed on"

as soon as he is active in their field or legal

Has a need for advice. This leads to the question

what right to such a lawyer’s contract in

External relationship to the client is applicable. This one so far

The following article is devoted to the question that has hardly been investigated.

There is a current occasion for this. Because with the KG 14

was the first time a higher court expressed itself and the first pegs

struck. The mandate contract is subject to

1 See e.g. B. BB 8/2000, p. VI; MDR 5/2000, p. R 12; MDR 16/2000, p.

R 7 / R 9; MDR 19/2000, p. R 13 or lawyers in fusion fever: Hamburger

Abendblatt dated August 4, 2000, p. 25.

2 That was when the internationalization trend began, see Hellwig, AnwBl 1996,

124; Torsten Becker, AnwBl 1998, 305.

3 For more detailed information on large English law firms, see Stoller, mega-lawyering in Europe,

2000.

4 See e.g. B. the list of corresponding associations at Heussen, AnwBl

2000, 145, 149 and for subsequent developments e.g. B. Lawyers in fusion fever:

Hamburger Abendblatt, August 4, 2000, p. 25.

5 Buchhorn / Schmalholz, Die Große Freiheit: ManagerMagazin 10/00, 292, 293.

6 See e.g. B. MDR 16/2000, p. R 9.

7 For the most recent example, see BB 5/2000, p. IV.

8 In detail, in particular Hanns-Christian Salger, in: Schwenzer (Ed.),

Law of obligations, comparative law and legal standardization on the threshold

for the 21st century - Symposium on the occasion of the 65th birthday of Peter

Schlechtriem, 1999, pp. 89 - 106 and Wach, in: Hartung / Volker Römermann

(Ed.), Marketing and Management Handbook for Lawyers, 1999,

§ 13 No. 89

9 See Stoller (footnote 3), p. 164.

10 See only Sandrock, ZVglRWiss 98 (1999), 227, 259; dens., FS Knut Ipsen,

2000, p. 781, 784.

11 Hans-Jürgen Rabe, AnwBl 1999, 66, 68. See the information from Stoller

(Fn. 3), pp. 87-89.

12 An alternative to community mergers is cross-border

integrated teams from German and foreign law firms

for specific individual cases under the umbrella of a loose cooperation agreement

to form (see for example those in MDR 15/2000, p. R 14 and MDR 17/2000, p. R

11 examples given). Institutionally, reciprocal referrals are often found

relationships and networks (see Stoller [fn. 3], pp. 160 f.).

13 For the questions raised, see Mankowski, WiB 1996, 1019, 1020;

Oliver Sieg, in: Belonging (Ed.), Handbook of Lawyers' Liability, 1999,

No. 381.

14 KG, AnwBl 2000 = RPfleger 2000, 85; on this Mankowski, EWiR Art. 28

EGBGB 1/2000, 333.


250

l

solution of the KG in mandating such a partnership

without a choice of law in principle in accordance with Art. 28

Paragraph 2 sentence 2 EGBGB the right to the place of business of those

Partial partnership, which defines the mandate relationship

Perform services 15. With a forensic mandate

the litigation attorneys would provide the formative services 16.

The international mandate relationship is basically as

understand uniform mandate; a legal treatment

of the mandate relationship equals mandates of the individual

Partial partnerships under Art. 28 Para. 1 Sentence 2 EGBGB are in

usually not possible 17.

II. Internationality in mandate contracts

For the connection of a mandate contract is from

International private law of the respective legal practitioner

to go out. The legal application link

must start somewhere. To that extent there is a

Meta rule. From the German point of view, the German is international

To question contract law. This is based

as is well known on EVÜ 18. One can therefore, in principle, like this

it is assumed that in this respect uniform connecting standards in EU-Europe

be valid. The first international private law

The question is whether you can even do it with one

international debt contract. Because with one

Contract that has relevant relationships with only one state,

the application of the conflict of laws is designed

simple and obvious: there can only be this right

State apply. The

Parties to a purely domestic contract also by election

not withdraw from a foreign law. Such

Choice reduces Art. 27 Para. 3 EGBGB to a so-called

substantive referral 19. The referenced

foreign law then receives from the German point of view in the

concrete application has no legal character, only

the nature of contractual clauses. The "choice of law clause"

then replaces as a shortened reference, as it were,

that the parties comply with the provisions of foreign law

written off and individually expressly in their contract

have recorded 20. The substantive referral

therefore only takes effect insofar as it is in domestic law

no (internal law) mandatory regulations intervene.

The substantive referral is only effective to the extent that it is

in domestic law the area of ​​dispositive law

is affected. It is just subject to internal law

mandatory domestic law takes precedence over it.

A relevant foreign relationship cannot be established

solely from party agreements such as choice of law or jurisdiction clause

surrender. Decisive for whether an objective

Foreign contact within the meaning of Art. 27 Para. 3

EGBGB is present, first of all the domicile of the contracting parties

(less their nationality 21), the places of

agreed service provision and the place of completion of the

Contract 22. The residence is determined by

(Main) branch or habitual residence, subsidiary

about the more formal and more inward than after

outward-facing seat of a party. As a rule of thumb, lets

formulate: a contract is always not a purely domestic contract,

if a moment that is in one of the farthest

Meaning international contract law conflict of laws rule

is used as a point of contact, abroad points 23.

This results in z. B. the relevance of the place of graduation,

because Artt. 11 para. 1; 29 para. 1 no. 3 EGBGB this as

Use connecting point 24, or the place of performance,

because this in Art. 32 Para. 2 EGBGB as a point of reference

appears 25.

AnwBl 5/2001

The international character of a mandate contract arises

does not automatically mean that an international

The partnership is a contracting party. If a resident in Germany

Client the German subsidiary of an international

Law firm mandated to provide advice on German law for

Maintaining processes in Germany is and remains one

pure domestic contract. Rather, the international connection must be

result from the person of the client or from it,

that the legal service (also) abroad or

with immediate effects abroad

is 26. A cross-border merger or M&A

Business with a foreign company as an object

of the mandate z. B. thus lead to a relevant