WHAT CAN I EXPECT?

SCHUBACH is New Zealand's only German legal practice offering high-calibre knowledge and invaluable experience exclusively in respect of the German legal system and laws embedded in the European Union.

Unlike the schism in the United Kingdom, German law practitioners are not being bisected into barristers and solicitors but, as, for example, is the case in New Zealand, belong to a unified legal profession. Yet juxtaposition with legal personnel in New Zealand, too, may still often lead to a surprise, e.g., there are no German litigation lawyers as such. The German advocate is called Rechtsanwalt, who must have attained the qualification for holding judicial office prior to being admitted to the Bar. Especially when practising abroad, German lawyers are supposed to deal with a comprehensive range of legal problems both for individuals and businesses, to deliver legal opinions and provide assistance across varied areas within their discipline. Anticipatorily, SCHUBACH proffers thorough expert advice in all principal fields of German and Private International Law & Procedures and first-rate legal services operated on an international footing, including civil and commercial litigation.

We set a high value upon your interest being best represented, and all legal possibilities explored. We also ensure that no aspect of your claim is overlooked. Eventually, we will tell you honestly whether you have a claim worth pursuing or not.

Through internationally liasing with a great many law offices all over Germany, rather than a reliance on just one, we endeavour to maximise your overseas opportunities. If we ourselves cannot take over the legal representation of you, at least you are well placed to be put in the right direction, for we will make sure your matter is handled by the right colleague.

Therefore, whatever your legal query might be, call SCHUBACH, the German specialist, send us an e-mail or requisition our help by means of signing a power of attorney and other papers

Retaining Formalities

WHAT WILL IT COST?

We recognise that one of the main reasons why people do not claim their due is because they are afraid of what "the whole story" might cost them. That is why we are happy to charge our fees, as a rule, in pursuance of the German retaining fee law. German lawyers' costs (fees and disbursements) are mainly dealt with in the German Federal Act Governing Remuneration of Lawyers 2004, as amended, which is known as RVG (= Rechtsanwaltsvergütungsgesetz).

Usually, the basis of calculation is the value of the matter in dispute, which adheres to those valuation regulations governing court fees in court proceedings. The actual fees of lawyers are set out in the RVG, in particular in the fee table annexed to the aforesaid statute. Civil court costs also rise on a scale depending on the value of the claim.

In contrast to the Anglo-Saxon system, this fee regime usually gives a client the benefit of knowing in advance, with a passable degree of accuracy, how great his financial burden could become and ensures that some form of proportionality applies to legal costs.

Costs in the civil courts are determined firstly by the German Code of Civil Procedure, known as ZPO (= Zivilprozessordnung), on the basis that the loser pays for all court costs, costs of the winner's lawyer, and those of witnesses and experts when necessary. The other party's lawyer's costs are limited to the statutorily provided levels.
Partial success will result in the proportional apportionment of costs.
If a compromise is reached, the court often decides that each side must bear its own costs. In this case the costs are referred to as "being cancelled each other out".
However, the basic rule is that the unsuccessful party has a duty to pay the costs of the entire action, as provided for by section 91 (1) of the ZPO.

By section 183 of the Code of Social Security Procedure (SGG = Sozialgerichtsgesetz), as a special exception, no court costs are laid upon insured parties, beneficiaries including those on surviving dependants' benefits, disabled persons, or their heirs in proceedings before a social security court, whether as a plaintiff or defendant.

ARE THERE ANY OPTIONS TO FINANCE A LEGAL ACTION?

Yes, there are. Provided that the following three conditions are met, three large insurance companies, the Allianz ProzessFinanz, the D.A.S. and ROLAND can enable the lawsuit to be conducted free of risk, even though the cost drain to be expected goes beyond the financial means of the claimant:

Under such a contract to be concluded with the insurance company you pay nothing if you fail in your claim.

If you win, the insurance company will be entitled to a fair percentage fixed in the contract, which will reflect the risk they are taking that your claim may fail and that they must bear the legal costs at a hundred per cent.

HOW ABOUT LEGAL AID?

Legal aid may be applied for in most German court proceedings by natural persons including foreigners and, in very limited circumstances by domestic legal persons. The underlying rationale of the provisions of legal aid is that the undertaking by a person of an action or defence to preserve rights must not materially damage the position of the applicant or his family. The applicant must submit a written petition to the competent court for legal aid along with the statement of claim regarding the dispute matter, including the sources of evidence.