Lawyers

The lawyers at Herfurtner law firm advise clients in Germany, Austria and Switzerland in particular on banking and capital market law, construction law, inheritance law, corporate law, property law, commercial law, real estate law, IT law, AI law, corporate law and commercial law.

Our focus in advising and supporting wealthy private individuals, companies and local authorities lies in the areas of finance, real estate, inheritance, commercial law and the legally secure use of artificial intelligence.

Simply find the right lawyer

Lawyer is the term by which the general public primarily understands the activity as a lawyer. He advises his clients out of court in various fields of law. At the same time, he represents the client in court if a dispute comes to trial.

In addition to the lawyer, there are other legal professions that can be assigned to the generic term “lawyer”. One of these is the public prosecutor, who acts in criminal matters. He appears in court as a representative of the public prosecutor’s office; his training corresponds to that of the lawyer.

The notary also undergoes the same training as a lawyer. His duties include drafting contracts and certifying them. His field of activity is wide-ranging and includes, for example, real estate transactions, inheritance matters, the settlement of estates or family law matters.

How do I find the right lawyer?

Qualification and experience
The “right” lawyer is always a case-by-case consideration and depends on the area of law in which legal advice is to be provided. Capital investment law deals with different issues than employment law, business law requires different knowledge than IT law.

Clients should make sure that the lawyer who represents their legal interests has the appropriate qualifications, i.e. is sufficiently specialized. A wealth of experience can also play a role, because in practice, clients and their concerns usually involve issues that have already been dealt with in one way or another in the past.

Depending on the nature and scope of the mandate, it must also be weighed up whether direct personal contact with the lawyer is necessary. In such cases, one does well to choose legal counsel who is established near one’s residence or place of business.

On the other hand, there are cases in which it is sufficient to exchange information by telephone or e-mail or by correspondence. The indirect contact can help to reduce the effort in terms of time and money.

Rechtsanwalt oder Fachanwalt?

Lawyer or specialist lawyer?
In many areas of law, it is possible for attorneys to acquire an additional qualification. This is referred to as “becoming a specialist lawyer”. A lawyer can acquire up to three specialist lawyer titles, for example in labor law, industrial property law, banking and capital market law or IT law.

Those who hold a specialist attorney title had to undergo training in the relevant area of law and pass an examination. In addition, the knowledge must always be kept up to date through annual mandatory continuing education. The choice of legal fields corresponds to the areas of interest and the intended (or practiced) activity of the lawyer.

In principle, every admitted attorney is entitled to represent his or her clients in any area of law. Those who have practiced law in a particular area for many years are familiar with the subject matter through daily practice.

Training as a lawyer

How to become a lawyer
Training to become a lawyer must be viewed against a time horizon of several years. The mandatory prerequisite is the study of law. Legal training extends from the first state law examination through the legal clerkship to the second state law examination and admission by the bar association.

Theoretical knowledge is first taught at the university. The standard period of study for the subject of law is 9 semesters, i.e. four and a half years. At the end of this training phase, the first state law examination is taken, which is followed by practical training, the so-called legal clerkship or preparatory service.

Depending on the federal state, the legal clerkship comprises either five or six stations. In Bavaria, for example, one begins with civil law, which is followed by criminal law, administrative law and training in a law firm or a legal advisory office. The last station is the electoral office. The same contents are familiar in Hamburg; here a second elective station is also added.

After completion of the legal clerkship, it is time for the second state law examination. Only when you have passed this can you become a lawyer. Other professions for which one qualifies with the examination are public prosecutor, judge or notary. Once you have passed the second state examination, you can call yourself a “fully qualified lawyer” or “assessor” and apply for admission to the bar.

Ways of legal advice

By phone, in writing, in person
Digitization has also influenced the services offered by lawyers and law firms. Today, for example, personal interaction with the lawyer is no longer a mandatory prerequisite for legal advice. The technological infrastructure enables legal representatives to serve their clients across city and national borders.

The way in which legal advice is provided depends on the needs of the client and their concerns. In simpler cases, communication can take place in writing, for example by e-mail. In this case, the required information and documents are transmitted electronically. In terms of its binding nature, e-mail legal advice is no different from other forms of legal advice.

The client can also be advised by telephone. This is useful in simple cases or in preparation for a face-to-face meeting. This form of consultation is also binding.

A personal consultation on the premises of the law firm is still important for many clients and mandates. On the one hand, this serves to build trust, and on the other hand, essential aspects can be discussed in detail here. In larger cities, it is easier to find a lawyer nearby who is familiar with the subject matter than in more sparsely populated areas in the countryside.

How a lawyer is liable

Responsibility
Anyone applying for admission as a lawyer must have professional liability insurance. This insurance covers damages up to 250,000 euros per individual case. The question of liability is of immense importance for the client in the context of legal advice. The lawyer is liable for the statements made by him. In the case of other, non-binding sources of information, such as the Internet, liability does not apply and the person concerned cannot assert any claims in the event of damage.

The liability of the lawyer begins with the acceptance of the mandate, this is automatically regulated. It applies both to representation in court in the context of a lawsuit and to extrajudicial advice. It is irrelevant whether this is done in private, by telephone or in writing.

What distinguishes a good lawyer from a successful lawyer

In a perfect world, good lawyers would also be excellent lawyers. Unfortunately, excellent lawyers are often unsuccessful – and even the most successful lawyers are not always great lawyers.

To be a successful lawyer, you need a mix of intellect, good analytical and advocacy skills, and the competence to communicate effectively.

Great lawyers usually have a passion for a particular legal specialty and are experts in it. This requires a high level of dedication to the profession.

They consider their clients’ goals and advocate for them accordingly. Great lawyers have the market in mind you vehemently pursue the interest of your clients.

And even if you are born with all these skills and are ready to gain real expertise, you are not guaranteed success. Because you will most likely have to promote your skills and support yourself at some point.

What skills does a good lawyer need?

When you work in a business, you need to market your services and retain clients, which requires a very different set of skills than those mentioned above.

To win clients, you need to network, build relationships, speak in public. You need to learn how to influence and inspire.

Build relationships with friends and clients and spend much of your free time working on your marketing and networking skills.

It’s not enough to be a brilliant lawyer with an excellent reputation who does high-quality work. You need to use your legal skills to win clients and generate business for your firm.

Every lawyer should strive for professional greatness – but you need more than the obvious legal qualities to excel and succeed.

What makes a good lawyer?

The profession of law requires the demonstration of a variety of basic skills and qualities. So what are the qualities that make a good individual lawyer?

If you want to become a lawyer, you must be able to do the following:

• Break down issues and analyze to work with a team
• think logically
• master efficient verbal and written communication
• be creative and think outside the box
• solve difficult problems
• work under pressure and act thoughtfully
• speak confidently in public
• stand up for your clients and their issues
• have a strong sense of detail
• deal with great stress
• handle complex matters
• demonstrate top academic performance
• have great business acumen

What makes a good lawyer – qualities

In addition to being able to demonstrate the above competencies, it is also highly advantageous if you:

• are organized
• are persistent
• are aware of your abilities
• work systematically
• are committed
• show adaptability

Legal fields of lawyers

For the following areas of law and legal concerns, you can find suitable lawyers in Hamburg, Munich and Frankfurt to represent you in court.

• Waste law
• Agricultural law
• Stock corporation law
• Stock corporation law
• Law of contaminated sites
• Pharmacy law
• Employee invention law
• Employee leasing law
• Employment promotion law
• Labor law
• Industrial safety law
• Architect law
• Pharmaceutical law
• Medical malpractice law
• Medical law
• Asylum lawRight of residence
• Aliens law
• Foreign trade law
• Banking law
• Banking law and capital market law
• Building regulation law
• Building planning law
• Building law
• Property development law
• Civil service law
• Professional law of lawyers
• Professional law of physicians
• Occupational disability insurance law
• Law of guardianship
• Industrial constitution law
• Fraud law
• Narcotics law
• Stock exchange law
• Computer criminal law
• Data protection law
• Law on the protection of historical monuments
• Disciplinary law
• Domain law
• EU law
• Income tax law
• Energy law
• Expropriation law
• Compensation law
• Inheritance law
• Inheritance tax law
• Family law
• Film law
• Land consolidation law
• Debt collection law
• Franchise law
• Driver’s license law
• Restaurant law
• Law on lawyers’ fees
• Fee law of physicians
• Design law
• Company law
• Commercial tenancy law
• Commercial lease law
• Trade law
• Industrial property law
• GmbH law
• Real estate law
• Liability law
• Liability insurance law
• Liability law
• Liability law of lawyers
• Commercial law
• Commercial agency law
• Home law
• Higher education law
• IT law
• Immission control law
• Real estate law
• Real estate tax law
• Engineering law
• Collection law / debt collection
• Insolvency law
• International law of succession
• International Family Law
• International sales law
• Private International Law
• International Law
• International Tax Law
• International Insurance Law
• Internet law
• Internet criminal law
• Juvenile criminal law
• Capital investment law
• Capital market law
• Antitrust law
• Sales law
• Local tax law
• Hospital law
• Health insurance law
• Credit law
• Dismissal protection law
• Leasing law
• Food law
• Life insurance law
• Licensing law
• Air transport law
• Air transport law
• Real estate lawTrademark law
• Mediation
• Mediation in
• labor law
• Mediation in inheritance law
• Mediation in family law
• Mediation in commercial law
• Media law
• Medical law
• Tenancy law
• Landlord and tenant law
• Co-determination law
• Multimedia law
• Neighbor law
• Right to a name
• Nature conservation law
• Victim protection law
• Regulatory law
• Administrative offence law
• Lease law
• Personal representation law
• Passenger transportation law
• Partnership law
• Nursing care insurance law
• Horse law
• Right to a compulsory portion
• Police law
• Press law
• Private health insurance law
• Product liability law
• Audit law
• Law of the will
• Law of execution of wills
• Law of occupational pension schemes
• Law of registered civil partnership
• Law of non-marital cohabitation
• Law of the public service
• Travel law
• Pension insurance law
• Revision law
• Property insurance law
• Tort law
• Divorce law
• School law
• Disability law
• Sexual offences law
• Software protection law
• Soldier law
• Custody law
• Social welfare law
• Social law
• Social law and social insurance law
• Social security law
• Forwarding law
• Sports law
• Explosives law
• Citizenship law
• State liability law
• Constitutional and organizational law
• Tax law
• Criminal tax law
• Foundation law
• Criminal law
• Road law
• Road traffic law
• Collective bargaining law
• Telecommunications law
• Animal law
• Transport law
• Transport and forwarding law
• Right of contact
• Value added tax law
• Environmental law
• Environmental criminal law
• Accident insurance law
• Maintenance law
• Company purchase law
• Company succession law
• Corporate law
• Copyright law
• Paternity law
• Law of associations
• Consumer insolvency law
• Consumer credit law
• Association law
• Constitutional law
• Public procurement law
• Traffic law
• Traffic criminal law
• Traffic accident law
• Traffic civil law
• Publishing law
• Property law
• Insurance law
• Insurance contract law
• Contract law
• Distribution law
• Administrative law
• Weapons law
• Water law
• Right of way
• Advertising law
• Contract for work law
• Securities trading law
• Competition law
• Commercial law
• Commercial criminal law
• Residential property law
• Civil law
• Customs law
• Law of forced sale
• Law of foreclosure

Lawyers Munich, Hamburg, Frankfurt

According to the Federal Bar Association, 166,375 lawyers were admitted to practice throughout Germany in 2017.

According to the Federal Bar Association, there were approximately 22,269 lawyers working in Munich in 2020. Many lawyers from Munich can demonstrate specialization in their respective fields of law.

The Hanseatic Bar Association of Hamburg reports a total of over 10,000 attorneys admitted to practice in 2020.

The Frankfurt am Main Bar Association is responsible for the admission of lawyers in the district of the Frankfurt am Main Bar Association. In 2020, the number of colleagues admitted there is over 19,000.

Lawyer – studies and tasks

Lawyers have the task of helping their client to obtain justice by constitutional means. Therefore, they can advise anyone or represent them in court.

In proceedings before authorities and courts, persons may be represented by a lawyer. In criminal proceedings, the lawyer acts as a defense counsel. In civil proceedings, there is a so-called obligation to be represented by a lawyer at the regional courts, higher regional courts and the Federal Court of Justice. Plaintiffs or defendants must be represented by a lawyer.

This also applies to types of proceedings in higher instances. The purpose of this “obligation to be represented by a lawyer” is to relieve the higher instances of jurisdiction. The clarification of the facts and initial legal assessment should be carried out by lawyers prior to the filing of a lawsuit and by the lawyers during the lawsuit.

The practice of the profession is regulated for lawyers. In order to be able to exercise the profession of a lawyer, one needs to have graduated from law school with the First State Law Examination, the Second State Law Examination and to be admitted to the bar by the Bar Association.

The contents of the basic studies in every law degree program consist of the areas of civil law or civil law, public law and criminal law. The actual law degree program concludes after 9 semesters of standard study time with the 1st jurisprudence examination.

Legal advice from lawyers

Legal advice is a legal service provided by lawyers in the case of legal issues of private or legal entities.
In addition to legal advice, legal representation and legal services are extended advisory activities. An alternative form of legal advice is online legal advice, which uses the Internet as a communication channel between clients and the advising lawyer.

The Legal Services Act regulates extrajudicial legal advice. Only certain persons are allowed to provide full, out-of-court legal advice for which remuneration must be paid. These include lawyers, legal advisors, tax advisors and patent attorneys.

Other persons or groups of persons may provide legal advice under certain conditions. This may only take place within the scope of their duties and responsibilities. Consumer centers may also provide extrajudicial legal advice under the Legal Services Act. Legal entities, such as banks or companies, are generally not allowed to offer legal advice.

Legal advice for citizens with low income

The non-profit legal advice center of the Munich lawyers offers its help here: Justizgebäude Amtsgericht München, Maxburgstrasse 4.

Lawyer search – What do lawyers actually do exactly ?

You are looking for a lawyer and are not sure which factors are decisive for the right choice. In the following, we have compiled a small guide to finding a lawyer with important points for decision-making.

Lawyers (also called attorneys or legal advisors) advise and represent individuals and organizations with legal capacity. They represent their clients in court and in dealings with other parties. Criminal defense attorneys represent clients in lawsuits involving possible violations of criminal laws. In civil proceedings, the parties conduct legal disputes against each other.

How can a lawyer help ?

Attorney Search – As a first step, an attorney can advise you on whether you need legal help at all. In many cases, legal advice is not necessary or can be clarified more cost-effectively and efficiently by other agencies. There is then no need to pursue legal proceedings.

Lawyer search in Germany

Searching for a lawyer is not easy. In addition to searching the Internet, the bar association also offers a lawyer search function for attorneys. There are also other private providers that offer an online lawyer search. There you will find databases with lawyers admitted to the bar in Germany. The DAV also offers a lawyer search for lawyers in your region.

More than 160,000 lawyers are currently admitted in Germany. In order to be able to recognize as a client whether the law firm or the lawyer is the right one for you, it can be helpful when searching for a lawyer to read the lawyer’s curriculum vitae on the homepage of the law firm. The attorney’s website also regularly includes a description of the focus and core competencies of the particular law firm and attorney.

Many attorneys also maintain a blog on recent decisions and specific areas of law. Helpful information about the lawyer’s specialization can also be found there in the lawyer search. In addition to competence in legal matters, lawyers must also have the ability to listen to their clients and be able to solve the problems.

As soon as the inspection of certain documents (contract documents, documents, etc.) is necessary for the assessment of the matter, telephone – and online legal advice are usually no longer the ideal means to solve your problem. It is then advisable to go to a lawyer.

In a personal conversation, all questions can be asked to clarify the facts and the legal framework are necessary. You can find the national directory of lawyers (§ 31 BRAO) of all lawyers in Germany at the lawyer search of the Federal Bar Association.

Tips for finding a lawyer

Even if your legal matter does not seem overly complicated at first glance, you should not dispense with the advice of a lawyer. Details often determine the outcome of a legal dispute. Your own research will never be able to replace the years of expertise of a lawyer.

And don’t forget: Your opponent may have an enormous advantage if he himself is represented by a lawyer but you are not. Therefore, do not save on the wrong end when looking for a lawyer – especially if larger amounts are at stake for you as well.

Lawyer search – How to find the right lawyer

Finding a good and appropriate attorney to handle your particular issue may not be easy. Do not expect to find the lawyer who has the necessary special knowledge for your matter by looking in the yellow pages on the off chance.

Advertisements or lists of attorneys usually do not provide the information necessary to make an appropriate assessment.

Lawyer Search – What type of lawyer should I contact?

Choosing a lawyer is a matter of trust. Keep in mind that when looking for an attorney, the “chemistry” between you and your attorney should be right. You will usually go through emotionally demanding situations in the course of a lengthy dispute.

This makes it all the more important that you should not only have confidence in the professional skills of the attorney of your choice, but also ideally establish a client-attorney relationship based on sympathy.

So when searching for an attorney, look for one who understands your needs and is accessible to you.

Many attorneys focus on only one area of law or similar areas of expertise. In your attorney search, consider the attorney’s experience and expertise in the specific area of law. A divorce attorney may not be the right choice in your attorney search if you have questions about bankruptcy proceedings. Here, you may be better served by an attorney who specializes in insolvency law and corporate law.

Personal recommendations when looking for a lawyer

A very good approach is to ask people who have faced a similar problem and had a good experience with your lawyer. So if you have problems with a real estate loan and your bank, it can make perfect sense to use a forum for banking and capital market law to search for lawyers.

Ask in the lawyer search there for experiences with competent lawyers and what results were achieved in litigation. The chances are not bad from further concerned in a similar matter a helpful reference to a specialized lawyer to receive.

But do not make the mistake of relying on the advice of one individual. Just as legal requirements can differ, so can the style and personality of lawyers. It is therefore advisable to meet the lawyer of your choice in person and discuss your matter. When looking for a lawyer, do not make a decision until you have a good feeling about working together.

Very often, you may not find anyone in your circle of acquaintances or in forums who can help you in your search for a lawyer, as the areas of law may vary. If your acquaintance can give you a good tip for a lawyer in employment law, but you need a specialist in banking law, you should continue your search for a lawyer who is suitable for you.

Online lawyer search

Many sites such as anwalt.de or anwalt24.de offer the possibility to get in contact with a lawyer. The search functions offer a search by location and specialist area. When searching for a lawyer, you will also find profiles of the listed lawyers with information on special knowledge and skills. Often, information on education, professional experience, fees and philosophy of the law firm are also listed.

Lawyer search – recommendations from business partners

It is not uncommon for locally based companies or service providers to be able to give you tips on reputable lawyers in your region. Many banks, tax advisors, insurance agents or real estate brokers have already had experience with certain law firms when looking for a lawyer or can make recommendations based on your contact with clients of these law firms.

Other sources for lawyer search

There are other sources of information for finding a lawyer that can lead to success. The German Chamber of Foreign Trade can give you the names of lawyers for countries in Europe and around the world who are already assisting other German companies.

There are also many charitable associations and victim protection societies that have appropriate contacts to specialized attorneys when searching for a lawyer. Environmental protection associations and publishers of trade journals also have lists that help in the search for lawyers.

Lawyer search – Ask a specialized lawyer

Most attorneys and law firms specialize in certain areas of practice. It can pay to invest a little more time in finding the “right” lawyer to take advantage of the particular expertise of specialized lawyers. Lawyers also have learning curves. Even though hourly rates may be higher for attorneys with specialized skills, it is usually worth it.

Make appointments with eligible attorneys

You now have a list of attorneys potentially available to you. Many lawyers are available for a free initial consultation or for a first appointment with a fixed flat fee. Take advantage of these opportunities and get an overview and a good basis for further action before making your decision.

Lawyer search – communication and speed

Ask your lawyer how you can get and stay in touch with him before hiring him. Ask him how long it may take for an appropriate response. A friendly demeanor is no substitute for smooth communication and office organization. Ask if their attorney has vacation coverage.

You need a lawyer who takes time for your concerns and can also implement the legally necessary steps immediately. The already often great burden due to legal disputes should not be additionally increased by the fact that you are not informed about the current state of knowledge of your lawyer or even that it takes months until the processing is started.

Clarify fee before hiring a lawyer when searching for a lawyer

Clarify how you will be billed. In addition to hourly-based billing, many attorneys offer the option of a flat-rate agreement. However, the lawyer’s fee can also be based on the German Lawyers’ Fees Act (Rechtsanwaltsvergütungsgesetz).

What questions should I ask before commissioning?

“What is the percentage of your cases that are similar to my matter?”
The answer to this question helps to understand whether your lawyer has sufficient experience and competence for your case.

“How will the communication go?”
Ask the attorney about the practiced and preferred method of communication. Is email communication preferred and possible? How quickly will queries be answered? You don’t want to hire an attorney who takes many days to get back to you on your query.

“How is accessibility ensured?”
A very important point is the accessibility of your lawyer. How are absences during vacation periods arranged and is there a competent substitute during this time? Is there a functioning secretariat that regulates communication with your lawyer?