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Litigation in Germany
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Your lawyer for litigation in Germany
Philipp Meier
Specialist lawyer for banking and capital market law
+49 (0)711 89 47 15 87
Legal Information
The optimal preparation for a legal dispute
Successful preparation for a legal dispute begins well before the actual dispute and sounds much simpler than one would initially assume: It is simply a matter of properly – namely chronological and complete – filing.
The key to success: documentation
Everyone, whether entrepreneur or private person, has numerous connections to companies, authorities or private individuals, some of which are more and others less well documented. In the case of long-term contracts, the letters that a policyholder receives from his insurance company alone can fill several folders of paper. In contrast, the relationship with the neighbor is rarely recorded in writing. However, in the event of a legal dispute, in both cases it is important to present the specific dispute completely, chronologically and free of contradictions. After all, in the end a court has to decide which only knows the case from the description that is presented to it during the proceedings. Furthermore, each party must be able to prove their claims in case of doubt and the availability of complete documentation is crucial here.So keep all your documents in a safe place. You should also take notes if there are no documents relating to a particular process. In particular, record the main content of telephone calls and conversations in writing and put these notes in the files at the right place.
Correct sorting
The simplest and most effective method of filing files is chronological sorting. It doesn’t matter whether you sort “forwards” or “backwards”. Much more important is completeness and a consistent chronological order according to the date of the documents. If these do not have a date themselves, it makes sense to use an inbox stamp or handwritten notes on the inbox.Use the division of sub-areas into thematic blocks rather sparingly: life and thus our memories do not run in time in separate sub-aspects, but as a progressive flow of events that take place one after the other. Therefore, every reader will always best understand a complete chronology of the file. The use of registers often only results in a „breakdown“ of the facts and, in case of doubt, even makes it difficult to find individual documents.
What should you do before you meet your lawyer for the first time?
Before the first consultation, sort your files chronologically and complete them if you discover any gaps. Read all of their documentation to review how your affair has gone so far and to refresh your memory. Many details are forgotten over time and it is not uncommon for individual processes to be remembered differently after years than they actually happened. Therefore, it is better to work out the facts together with your lawyer on the basis of the files and not just from memory.It is very important not to leave anything out. Above all, parts of the facts that you believe reduce the chances of success should by no means be concealed. A suitable litigation strategy can only be developed if your lawyer is also aware of any weaknesses. Always make yourself aware: The knowledge of your case, which you alone own, must first be conveyed to your lawyer and then to the court in accordance with the chosen litigation strategy. Any inaccuracy, however, potentially reduces the chances of success, because these are usually relentlessly uncovered by the opponent in the proceedings.We support you with our innovative solutions in your file management. In this way you always have an overview, regardless of whether you are working on a day-to-day basis or in a legal dispute. With solutions from Horwath you are always well prepared.
The recommendations listed here have proven themselves enormously in practice. They are the result of years of litigation experience that HM Lawfirm’s attorneys have before German courts. We are happy to support you in processing your business and private matters in order to achieve optimal results in legal disputes.
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