issued by Rechtsanwalt Wilko Bauer, Bölkendorfer Str. 36, 16278 Angermünde, Germany (“Attorney Bauer” or “the Attorney”). Attorney Bauer handles the mandates he accepts on the following terms. These terms apply to business clients (Unternehmer) within the meaning of Section 14 of the German Civil Code (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.
The Client is advised that, 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 in this respect, regardless of the outcome. This does not apply to resolution proceedings (Beschlussverfahren), nor where the dispute was initially pending before another court and was referred. In proceedings of voluntary jurisdiction, the court decides on the allocation of costs at its equitable discretion (Section 81 (1) FamFG); in matrimonial and family disputes, the cost rules of the ZPO apply by virtue of Section 113 (1) FamFG.
I. Scope of application
1. These Terms of Engagement apply to all 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. The scope of application also extends to future legal relationships between Attorney Bauer and the Client, unless otherwise agreed in at least text form. The version applicable in each case is the version transmitted to the Client when the relevant mandate was given.
3. Only these Terms of Engagement apply. Conflicting or deviating terms and conditions of the Client do not apply, even if Attorney Bauer does not expressly object to them and commences work. They apply only if Attorney Bauer has consented to their application in text form.
4. 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 Client must have the tax implications of civil-law arrangements reviewed by qualified third parties (e.g. a specialist tax attorney, tax adviser or auditor). 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 from this must be agreed with the Client in good time. Where information subject to professional secrecy is disclosed in that context, 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. In the case of information given orally, the Client bears the burden of presentation and proof as to its content, to the extent the Client relies on it.
3. The scope and subject matter of the mandate are confirmed to the Client in text form. If the Client does not raise objections within two weeks of receipt, the confirmation is deemed to be accurate in content; the statutory allocation of the burden of proof remains unaffected by this.
4. 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.
5. If Attorney Bauer proposes a particular procedural measure to the Client 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 from the Client.
6. If the Client wishes to demand the surrender of satisfied enforcement titles, Attorney Bauer must be expressly instructed to do so and informed that all relevant claims have been settled.
7. The Client is advised that Attorney Bauer must retain the working files for a period of 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 of that period, the working files are destroyed unless the Client has collected them or requested their dispatch beforehand. Section 50 (2) BRAO remains unaffected.
8. The Client may at any time inspect the documents concerning him and obtain copies or electronic reproductions; the costs are governed by the fee agreement or, failing that, by the RVG. 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. He informs the Client appropriately, within the scope of the instructions given, of the outcome of his work.
2. Confidentiality. Attorney Bauer is bound by professional duty to maintain confidentiality (Section 43a (2) BRAO). The duty covers everything entrusted to him or otherwise made known to him in connection with the mandate; he has a corresponding right to refuse to testify. Attorney Bauer 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 to receive them, or pays them into a client account (Section 43a (7) BRAO). Set-off against his own remuneration claims is permitted only in accordance with clause VIII.7.
4. Data protection. Attorney Bauer takes appropriate precautions against loss of the Client’s data and against access by unauthorised third parties, and continuously adapts them to the state of the art.
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. The Client makes all necessary documents and information available without undue delay and in an organised form. Documents to be filed with a court are to be transmitted scanned in PDF format. Documents to be scanned by Attorney Bauer are to be provided in a maximum format of DIN A4 and unstapled; the costs incurred are governed by the fee agreement or, failing that, by the RVG. Digital files are to be given unambiguous names and transmitted in standard formats, as a rule by e-mail. Transmission on USB storage media is excluded for security reasons.
3. The Client reviews drafts of letters and pleadings promptly and carefully as to whether the factual statements they contain are accurate and complete, and promptly informs Attorney Bauer whether they may be dispatched in the version submitted.
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. If there is any doubt as to the scope of the mandate, the Client clarifies it without undue delay.
7. 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 for the Client. The Client’s own statutory duties, declarations that cannot be postponed, and ongoing business relationships that are not the subject of the mandate remain unaffected.
8. Changes of address, including of a fax number or e-mail address, are to be notified promptly; otherwise delays and legal disadvantages may occur. Attorney Bauer is also to be informed without undue delay of any extended absence or other circumstances giving rise to temporary unavailability.
9. In-person meetings. In order to protect against airborne pathogens and to preserve the firm’s capacity to work, meetings held at the firm’s premises take place, where possible, under enhanced hygiene measures. These include the wearing of close-fitting FFP2/FFP3 masks by all persons present and effective air filtration or sufficient supply of fresh air. If a participating person is unable to wear a mask for health reasons, or prefers a different arrangement, the meeting will be conducted by an equivalent means; Attorney Bauer offers video and telephone conferences for this purpose. No legal consequences for the handling of the mandate arise from this clause.
10. An engagement to produce documents is completed upon their handover or provision. When using such documents, the Client should promptly obtain legal clarification of any questions, gaps or problems that arise, in particular those pointed out to the Client by third parties. Documents drafted for use in a number of contracts should be reviewed for legal accuracy at regular intervals, as a rule every two years. This notice does not create any obligation on the Client and does not limit Attorney Bauer’s liability.
11. Deadlines set by the Client for Attorney Bauer must be reasonable and, as a rule, at least three business days, unless particular urgency requires otherwise.
12. If the Client is dissatisfied with the handling of the matter, he is kindly asked to raise this with Attorney Bauer first so that any misunderstandings can be resolved. This does not create any obligation on the Client.
13. Audio or video recordings of conversations are not permitted without the consent of all persons present.
VI. Processing of data 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, in particular as to purposes, recipients, storage periods and the Client’s rights, are set out in the separate data protection information under Article 13 GDPR, which is 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 him 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. If the Client has the technical means for encryption and wishes it to be used, he will say so.
3. If the Client provides a fax number, clause 2 applies accordingly. The Client warrants that only he or persons instructed by him have access to the receiving device and that he checks incoming messages regularly.
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. Payment, invoicing, retention of services and assignment
1. Invoices are transmitted in text form, as a rule as a PDF file (Section 10 (1) RVG).
2. If the Client wishes to receive an itemised statement of services with the invoice, he will say so; it is then provided free of charge.
3. 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. Invoices are due immediately. Where a payment period has been granted, default occurs upon its expiry; otherwise default occurs upon receipt of a reminder, but at the latest 30 days after the claim falls due and an invoice has been received (Section 286 (3) BGB). Default interest is nine percentage points above the base rate (Section 288 (2) BGB). In addition, there is an entitlement to a flat fee of EUR 40.00 (Section 288 (5) BGB), which is to be credited against any damages owed to the extent those damages consist of costs of legal pursuit.
4. Attorney Bauer is entitled to request reasonable advance payments at any time. This also applies to post-contractual activities that are not merely insignificant; these are charged at the usual rates.
5. 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 to the Client beforehand in text form and set a reasonable period for payment. Suspension of work 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. In such cases Attorney Bauer remains free to terminate the mandate subject to Section 627 (2) BGB.
6. The Client assigns to Attorney Bauer his claims arising in this matter for reimbursement of attorney’s fees against the opposing party, the court treasury or other third parties liable to reimburse costs, by way of security only and only up to the amount of the outstanding remuneration claims; Attorney Bauer accepts the assignment. The Client remains authorised to collect them in his own name for as long as he is not in default for more than two weeks. Attorney Bauer discloses the assignment only after having requested payment from the Client, setting a period of two weeks, and having pointed out the intended disclosure. If the assigned claims exceed the secured claims by more than 20 %, Attorney Bauer releases the excess security on request; upon full settlement the claims are re-assigned. Any surplus is paid out without undue delay.
7. Attorney Bauer may apply incoming payments against outstanding remuneration claims arising from the same matter after having notified the Client. Set-off against claims from other matters takes place only with the Client’s consent. The obligation to forward third-party funds without undue delay (Section 43a (7) BRAO) remains unaffected.
IX. Legal expenses insurance and litigation aid
1. Attorney Bauer must be informed without undue delay of the existence of legal expenses insurance. Correspondence with the legal expenses insurer constitutes a separate matter for fee purposes and is not covered by the remuneration for the matter itself. From a value in dispute of EUR 2,000, Attorney Bauer will handle a simple coverage inquiry and send the invoice to the insurer without separate charge. Any further activities require a separate, chargeable instruction.
2. The Client remains liable for costs irrespective of any confirmation of cover. Attorney Bauer is therefore entitled to demand payment from the Client even where cover has been confirmed.
3. Where Attorney Bauer is instructed to conduct the correspondence with the legal expenses insurer, he is released from the duty of confidentiality to that extent. In that case, the Client warrants that the insurance contract is in force, that no premium arrears exist, and that no other attorneys have been instructed in the same matter.
4. For legal entities and associations with capacity to be a party, litigation aid is available only under the stricter conditions of Section 116 ZPO. The Client is advised that a grant of litigation aid does not cover the opposing party’s costs in the event 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 of liability 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 will examine and arrange 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 the hearing himself. Any costs exceeding that amount are borne by Attorney Bauer. The Client is advised that, in cost assessment proceedings, such costs are as a rule recoverable only up to the amount of the notional travel expenses of the principal attorney.
4. Where Attorney Bauer himself acts as a substitute representative or sub-agent in proceedings conducted by another attorney, the instruction relates to one hearing on a specific date and not to continuation or other hearings on other days, unless otherwise agreed. The agreed fee falls due even if different applications, or no applications, are made at the hearing, provided this remains within the scope of the instruction given.
XII. Anti-money-laundering obligations
1. In respect of the activities listed in Section 2 (1) no. 10 of the German Anti-Money-Laundering Act (GwG), Attorney Bauer is subject to the obligations of that Act. In those cases he is required to identify the Client and, where applicable, the person acting on the Client’s behalf, to determine the beneficial owner, and to obtain information on the purpose of the intended business relationship (Sections 10 et seq. GwG).
2. The Client cooperates in this, submits the necessary evidence and notifies any changes without undue delay. 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.
3. Recording and retention obligations, and any reporting obligations under the Anti-Money-Laundering Act, 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 and any affiliated companies. 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 for long enough to allow the Client to obtain legal advice elsewhere.
2. Remuneration for services already rendered remains payable; Section 628 BGB applies in other respects.
3. After termination of the mandate, Attorney Bauer returns the documents provided to him on request and points out any running deadlines of which he is aware.
XV. Miscellaneous
1. Should any provision of these Terms of Engagement be or become 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, excluding its conflict-of-laws rules.
3. For disputes arising from the mandate relationship, Berlin is agreed as the place of jurisdiction to the extent legally permissible. If the Client has no general place of jurisdiction in Germany, this agreement applies in accordance with Article 25 of Regulation (EU) No 1215/2012. In all other respects, the statutory places of jurisdiction apply.
4. The Mediation Board of the German Bar (Schlichtungsstelle der Rechtsanwaltschaft) at the Federal Bar is available for the settlement of disputes concerning remuneration or damages claims (Section 191f BRAO). There is no obligation to participate.
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 and shall be exclusively authoritative. |