issued by Rechtsanwalt Wilko Bauer, Bölkendorfer Str. 36, 16278 Angermünde, Germany (“Attorney Bauer” or “the Attorney”).
Right of withdrawal
These terms apply to mandates given by consumers within the meaning of Section 13 of the German Civil Code (BGB). Separate terms apply to business clients.
Right of withdrawal
Where the engagement is concluded exclusively by means of distance communication or off business premises, the client has a right of withdrawal under Section 312g (1) and Section 355 BGB. The withdrawal instructions and the model withdrawal form are provided to the client separately in text form when the contract is concluded; they do not form part of these terms. If Attorney Bauer is to act before the withdrawal period expires, the client’s separate consent to the early commencement of performance is required (Section 357a (2) and Section 356 (5) BGB).
Notice on fees
Pursuant to Section 49b (5) BRAO, notice is given that the attorney’s fees payable are calculated on the basis of the value in dispute (Gegenstandswert), unless a fee agreement has been concluded pursuant to Section 3a RVG.
In labour court judgment proceedings at first instance there is no entitlement to compensation for loss of time and no entitlement to reimbursement of the costs of instructing an attorney (Section 12a (1) sentence 1 ArbGG); each party bears its own costs regardless of the outcome. This does not apply to resolution proceedings, nor where the dispute was initially pending before another court and was referred.
I. Scope and incorporation
1. These Terms of Engagement apply to contracts between Attorney Bauer and the client whose subject matter is the provision of advice or information, including any related business management or conduct of litigation.
2. They become part of the contract if Attorney Bauer expressly refers to them when the contract is concluded, gives the client a reasonable opportunity to take note of their content, and the client agrees to their application (Section 305 (2) BGB). For that purpose they are provided to the client in text form when the contract is concluded. Each further mandate requires them to be incorporated afresh.
3. Where a separate agreement is concluded for a mandate, in particular a fee agreement or an agreement on the limitation of liability, that agreement prevails over these Terms of Engagement in the event of conflict.
II. Subject matter of the advice and representation
1. The advice and representation relate exclusively to the law of the Federal Republic of Germany. If the matter touches upon foreign law, Attorney Bauer will point this out in good time.
2. Tax advice or representation is not owed. The duty to point out evident tax risks remains unaffected.
3. Attorney Bauer is entitled to engage qualified third parties to handle the mandate. Any additional costs arising are agreed with the client beforehand. Where information subject to professional secrecy is disclosed, Attorney Bauer limits disclosure to what is necessary and places the persons engaged under an obligation of confidentiality (Section 43e BRAO, Section 203 of the German Criminal Code).
III. Conclusion and scope of the mandate
1. The mandate is concluded upon express confirmation by Attorney Bauer or upon commencement of work in accordance with the mandate, whichever occurs first. The duty to declare the rejection of a mandate without undue delay, and liability for a culpably delayed rejection (Section 44 BRAO), remain unaffected.
2. The scope and subject matter of the mandate are confirmed to the client in text form. If in the client’s view the confirmation departs from what was agreed, the client shall say so without undue delay. The statutory allocation of the burden of proof remains unaffected.
3. Attorney Bauer is obliged to lodge appeals or other legal remedies only if he has received and accepted an instruction to that effect. The duty to inform the client, within the current mandate, of time limits for appeals and of the prospects of success remains unaffected.
4. If Attorney Bauer proposes a particular procedural measure and the client does not respond within two weeks, although Attorney Bauer expressly pointed out the significance of silence at the beginning of that period, the silence is deemed to constitute consent. This does not apply to the conclusion or revocation of a settlement, to an acknowledgement, to a waiver, or to the lodging, withdrawal of, or waiver of appeals; these always require an express instruction.
5. Attorney Bauer must retain the working files for six years; the period begins at the end of the calendar year in which the mandate ended (Section 50 (1) sentences 2 and 3 BRAO). After expiry they are destroyed unless the client has collected them or requested their dispatch beforehand. Section 50 (2) BRAO remains unaffected.
6. The client may at any time inspect the documents concerning him and obtain copies or electronic reproductions. Claims to information and accounting (Section 666 BGB), to surrender (Section 667 BGB), and the data subject rights under the General Data Protection Regulation remain unaffected.
IV. Obligations of the Attorney
1. Due care. Attorney Bauer is obliged to handle the mandate with due care and informs the client, within the scope instructed, of the outcome of his work.
2. Confidentiality. Attorney Bauer is bound by professional duty to maintain confidentiality (Section 43a (2) BRAO). He will comment to third parties, in particular authorities, on the existence and content of the mandate only if the client has previously released him from that duty expressly and in relation to the specific circumstances.
3. Third-party funds. Attorney Bauer holds funds received for the client in a fiduciary capacity and forwards them without undue delay to the person entitled, or pays them into a client account (Section 43a (7) BRAO). Set-off against his own remuneration claims takes place only with the client’s consent.
4. Data protection. Attorney Bauer takes appropriate precautions against loss of the client’s data and against access by unauthorised third parties.
V. The client’s cooperation
1. The client informs Attorney Bauer completely and truthfully of all facts connected with the mandate and secures corresponding evidence, even where it is publicly accessible on the internet. Individual web pages are to be provided by direct link or as a screenshot.
2. Necessary documents are to be made available without undue delay and in an organised form. Documents to be filed with a court are to be transmitted scanned in PDF format; otherwise standard formats are to be used, as a rule by e-mail. Transmission on USB storage media is excluded for security reasons. The costs of copies and scans are governed by the fee agreement or, failing that, by the RVG.
3. The client promptly reviews drafts of letters and pleadings as to whether the factual statements are accurate and complete, and promptly indicates whether they may be dispatched.
4. The power of attorney for litigation is to be provided to Attorney Bauer in the original without undue delay.
5. The deletion of content on the internet is the client’s responsibility, unless otherwise agreed.
6. In this matter, the client contacts courts, authorities, the opposing party or other parties involved only in consultation with Attorney Bauer, to the extent this is reasonable. The client’s own statutory duties and declarations that cannot be postponed remain unaffected.
7. Changes of address, including of an e-mail address, are to be notified promptly; otherwise delays and legal disadvantages may occur. Attorney Bauer is to be informed without undue delay of any extended absence.
8. In-person meetings. To protect against airborne pathogens, meetings at the firm’s premises take place, where possible, under enhanced hygiene measures (close-fitting FFP2/FFP3 masks worn by all persons present, effective air filtration or sufficient fresh air). If a participant is unable to wear a mask for health reasons or prefers a different arrangement, the meeting is conducted by an equivalent means; Attorney Bauer offers video and telephone conferences for this purpose. No consequences for the handling of the mandate arise from this clause.
9. Deadlines set by the client for Attorney Bauer should be reasonable and, as a rule, at least three business days, unless particular urgency requires otherwise.
10. If the client is dissatisfied with the handling of the matter, he is kindly asked to raise this first so that misunderstandings can be resolved. This does not create any obligation on the client.
11. Audio or video recordings of conversations are not permitted without the consent of all persons present.
VI. Data processing and communication
1. Attorney Bauer processes the client’s personal data for the purpose of carrying out the mandate on the basis of Article 6 (1) (b), (c) and (f) GDPR, and in order to comply with professional and regulatory obligations. Details are set out in the separate data protection information under Article 13 GDPR, provided to the client at the beginning of the mandate.
2. If the client provides an e-mail address, he consents to Attorney Bauer sending mandate-related information by unencrypted e-mail. The client is aware that unencrypted e-mail offers only limited confidentiality. This consent may be withdrawn at any time with effect for the future; on request, communication instead takes place in encrypted form via the German judicial mailbox (Mein Justizpostfach, mJP). Where its use is not possible in an individual case – for example, for clients resident abroad, or for other practical reasons – another suitable solution will be sought where possible; no entitlement to any particular method of encrypted communication exists.
VII. Involvement of third parties
In case of doubt, third parties are not included within the protective scope of the Attorney’s advice or activity. Liability towards third parties exists only where their inclusion has been expressly agreed in accordance with the mandate.
VIII. Remuneration, invoicing and payment
1. Invoices are transmitted in text form, as a rule as a PDF file (Section 10 (1) RVG). The client receives an itemised statement of services free of charge on request.
2. The client is obliged to pay reasonable advance payments upon request and to pay the remuneration in full at the latest upon termination of the mandate. This applies even where claims for reimbursement exist against a legal expenses insurer, the opposing party or third parties.
3. Default interest is five percentage points above the base rate (Section 288 (1) sentence 2 BGB). Default occurs at the latest 30 days after the claim falls due and an invoice has been received, provided the client was specially informed of this consequence in the invoice (Section 286 (3) sentence 2 BGB).
4. If the client is in default of a due remuneration claim, Attorney Bauer may suspend his work in whole or in part until the claim has been settled. He must announce this beforehand in text form and set a reasonable period for payment. Suspension is excluded to the extent that it would expose the client to a final loss of rights, in particular where statutory or appeal deadlines are running and in the case of other time-limited acts.
5. Where Attorney Bauer is instructed by several clients in the same matter, the remuneration for the same work is charged only once; the clients are jointly and severally liable. If a client exercises a right of withdrawal available to him, this does not affect the obligations of the others.
IX. Legal expenses insurance, legal advice assistance and litigation aid
1. Attorney Bauer must be informed without undue delay of the existence of legal expenses insurance. Correspondence with the insurer constitutes a separate matter for fee purposes. From a value in dispute of EUR 2,000, Attorney Bauer handles a simple coverage inquiry and sends the invoice to the insurer without separate charge; further activities require a separate, chargeable instruction.
2. The client remains liable for costs irrespective of any confirmation of cover. Where Attorney Bauer is instructed to conduct the correspondence with the insurer, he is released from the duty of confidentiality to that extent.
3. If the client cannot afford the necessary means according to his personal and financial circumstances, legal advice assistance (Beratungshilfe) out of court and litigation aid (Prozesskostenhilfe) in court may be available. Mandates on the basis of Beratungshilfe are accepted only upon prior or simultaneous submission of the original approval. A grant of litigation aid does not cover the opposing party’s costs if the client loses (Section 123 ZPO).
X. Limitation of liability
1. The client’s claim for compensation of negligently caused damage is limited, in cases of ordinary negligence, to four times the minimum insured sum, i.e. to EUR 1,000,000.00 (Section 52 (1) no. 2 BRAO, Section 51 (4) sentence 1 BRAO); insurance cover exists to that extent. The limitation does not apply in cases of gross negligence or intent, nor to culpably caused damage arising from injury to the life, body or health of a person.
2. The limitation also applies to a subsequent instruction to act in or out of court in the same matter. A separate agreement is required for any further or different mandate.
3. If the client becomes aware of a risk of loss exceeding EUR 1,000,000.00, he shall notify Attorney Bauer without undue delay. On request, Attorney Bauer examines and arranges single-case insurance cover; its cost is borne by the client. A failure to notify does not, in itself, result in any further limitation of liability.
XI. Representation at hearings by a substitute
1. Attorney Bauer is entitled to instruct a substitute representative (Terminsvertreter / sub-agent) to attend court or administrative hearings held away from his place of practice; the client’s prior consent is not required. The selection is made at his duty-bound discretion, taking into account the significance of the hearing. Attorney Bauer informs the client as soon as the instruction has been decided. A substitute representative is not a correspondent attorney.
2. The substitute representative acts as a vicarious agent (Erfüllungsgehilfe) of Attorney Bauer. Attorney Bauer’s responsibility and liability remain unaffected; no limitation of liability under Section 664 (1) sentence 2 BGB is associated with the instruction of a substitute.
3. The costs of the substitute representative are borne by the client, but only up to the amount of the costs that would have been incurred had Attorney Bauer attended in person. Any costs exceeding that amount are borne by Attorney Bauer. In cost assessment proceedings such costs are as a rule recognised as recoverable only up to the amount of the notional travel expenses of the principal attorney.
XII. Anti-money-laundering obligations
In respect of the activities listed in Section 2 (1) no. 10 GwG, Attorney Bauer is subject to the obligations of the German Anti-Money-Laundering Act and is required to identify the client, determine the beneficial owner and obtain information on the purpose of the business relationship (Sections 10 et seq. GwG). The client cooperates in this and submits the necessary evidence. If the client fails to cooperate, Attorney Bauer may decline to accept or continue the mandate; the restrictions in Section 10 (9) GwG concerning legal advice and representation in proceedings remain unaffected.
XIII. Conflicts of interest
Attorney Bauer examines, before accepting the mandate and on an ongoing basis, whether conflicting interests within the meaning of Section 43a (4) BRAO and Section 3 BORA exist. For this purpose the client will on request name the other parties involved. If a prohibition on acting applies, or arises later, Attorney Bauer will decline or terminate the mandate; remuneration claims for services already rendered remain unaffected.
XIV. Termination of the mandate
1. Either side may terminate the mandate at any time without stating reasons (Section 627 (1) BGB). Attorney Bauer will not terminate at an inopportune time (Section 627 (2) BGB) and will, where necessary, continue to support the client long enough to allow him to obtain legal advice elsewhere. The client’s right of withdrawal remains unaffected.
2. Remuneration for services already rendered remains payable; Section 628 BGB applies in other respects. After termination, Attorney Bauer returns the documents provided to him on request and points out any running deadlines of which he is aware.
XV. Consumer dispute resolution
For the settlement of disputes concerning remuneration or damages claims arising from the mandate, the Mediation Board of the German Bar (Schlichtungsstelle der Rechtsanwaltschaft) at the Federal Bar is available (Section 191f BRAO). Attorney Bauer is neither obliged nor generally willing to take part in dispute resolution proceedings before a consumer arbitration board, but will decide on participation in the individual case and inform the client accordingly once a dispute has arisen (Section 37 VSBG).
XVI. Final provisions
1. If a provision of these Terms of Engagement is invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision (Section 306 (2) BGB).
2. The mandate relationship is governed by German law. If the client has his habitual residence in another state, he retains the protection afforded by the mandatory provisions of the law of that state under Article 6 (2) of Regulation (EC) No 593/2008 (Rome I).
3. The statutory places of jurisdiction apply. No choice-of-forum agreement is made.
Version date: 25 August 2026
| Governing language The English version is a translation provided for the client’s information. In the event of any discrepancy between the German and the English version of these Terms of Engagement, the German version shall prevail. Mandatory provisions of the law of the client’s habitual residence remain unaffected under Article 6 (2) Rome I Regulation. |