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The lawyer adhesion calls the adhesion of the attorney for its acting in its function such. The mandator closes with the attorney a lawyer contract, which has usually a service of the attorney to the article. For the normal fulfilment the attorney is responsible to this service opposite his mandator like every other Dienstleister also.
The attorney is responsible for each culpable injury of his obligations resulting from the lawyer contract. These obligations exist in particular in a complete circumstances clearing-up and in an optimal legal advice which is based on it. That is, the attorney must find first from the dialogue with the mandator the facts out crucial for the concrete legal problem, whereby he may not rely on the fact that the mandator on its part speaks these facts. Then the attorney must instruct the mandator comprehensively and exhaustively legally, a complete knowledge of the current law situation and iurisdiction is obligation. The attorney must analyze whether and how the desired goal of his mandator is attainable. Vorraussehbaren and avoidable disadvantages the attorney has to protect him. In the doubt the attorney the safest way must go.
If the attorney hurt his obligations from the lawyer contract imprisonment for debt, then the mandator or third has a requirement for compensation against the attorney. For the determination of the damage the so-called difference hypothesis is used. The financial position of the mandator after the obligation injury is compared with the hypothetical financial position without the obligation injury. In the result the damage must stand thus in such a way, as it would stand, if the lawyer had not committed his obligation injury and had not advised him correctly.
The damage must prove all requirement-justifying facts during the lawyer adhesion process fully. In addition on the one hand coming off and contents of the lawyer contract belong. This can be problematic straight with private pieces of advice of the lawyer. On the other hand the damage must prove also the obligation injury of the lawyer fully. A burden of proof reversal with rough being to blame for as in the physician liability law does not give it. Only during the damage assessment - thus if the obligation injury can become estimated proven actual the damage by the court. For the lawyer adhesion process the following constellation is typical: The mandator assigns his lawyer to raise against a debtor of the mandator because of a pending demand complaint. An error, which entails the rejection of the complaint, occurs to the lawyer. In the following lawyer adhesion process takes over now the lawyer the role of the deplored one (debtor). The lawyer must prove that the demand of the mandator does not exist. That the complaint would thus have been rejected also without its anwaltlichen error.
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