Success with right –

Digitale Kanzlei

For our networked law firm computers, we use the most proven law firm software from a large provider in Berlin. The advantages of recent developments: Higher data security, increased data availability and more organizational flexibility. All documents can be sent digitally to our clients immediately, so that they are always up-to-date with the processing of the mandate.

Furthermore, we utilise the best legal research options, such as JURIS and Beck-Online, in order to be able to use the latest court rulings and the latest versions of the relevant legal texts in a targeted manner when examining the legal situation of your client matter.

Insurance Law / Versicherungsrecht

Why hire a lawyer?

In insurance cases, there are usually two very unequal partners: The insurance company with its own legal department and specialists in their respective line of insurance under the policyholder, e.g. company owner or private individual.

In the event of a problem, the latter should therefore always seek advice from an expert lawyer in order to guarantee "equality of arms" and enforce their rights.

Lawyer H. Jürgen Bauer, LL.M., has completed two years of additional studies in the field of insurance law in addition to his two state examinations in law - including a Master of Laws in insurance law. He also has around 20 years of professional experience in the field of insurance law, both in out-of-court representation and in litigation before regional courts, higher regional courts and the Federal Court of Justice.

List of experts

We are in contact with numerous competent surveyors and experts for a wide range of damage areas throughout Germany - both with regard to personal injury and property damage. Our clients can contact these experts at short notice in order to set the right course, e.g. in the event of urgency prior to the initiation of independent evidence proceedings pursuant to Section 485 of the German Code of Civil Procedure (ZPO).

Examples of areas of work:

• Business interruption insurance
• Company contents insurance
• Fire business interruption insurance
• credit insurance
• Building insurance
• Inventory insurance
• Household contents insurance
• Liability insurance
• Life insurance
• Occupational disability insurance
• Comprehensive car insurance
• Motor vehicle liability insurance for accidental damage
• Accident insurance
• Health insurance
• Daily sickness allowance insurance
  

Typical life situations:

• "Insurance does not pay..."
• Company insurers refuse to settle claims
• Accidents, road accidents
• Accidents with serious personal injury, permanent health impairments
• Compensation for pain and suffering is not paid
• Serious illness, occupational disability
• Building damage in connection with "fire, water, storm"
• Burglary or damage caused by the burglar

Traffic Law / Verkehrsrecht

Fields of activity in traffic law, criminal traffic law and fine proceedings

-ACCIDENT-CLEVER-REGULATE -

Why hire a lawyer?

Accidents or fine proceedings are sometimes unavoidable. However, to avoid giving away money in the event of a traffic accident or to successfully defend yourself against unjustified accusations by the fining authorities or other road users, you should always instruct a competent lawyer.

We know exactly what claims you are entitled to and will help you to defend yourself against unjustified fine proceedings.

Attorney H. Jürgen Bauer, LL.M. has two years of additional studies in the field of traffic law - including a degree as a

   Master of Laws for traffic law,

   Master of Laws for Insurance Law and

   Master of Laws in Criminal Law.

He can also draw on around 20 years of professional experience in the field of traffic law, both in the area of out-of-court representation and in relation to legal representation at regional courts, higher regional courts and the Federal Court of Justice, as well as criminal defence and representation in administrative offence proceedings.

Who pays the out-of-court legal fees for claims for damages and compensation for pain and suffering in the event of a road traffic accident, sports accident or bicycle accident?

Normally, the fees for the lawyer's out-of-court work are to be paid by the client. However, this is different in the so-called law of permitted actions, e.g. in the case of accidents: If the opposing party is 100% at fault, the opposing party, or their liability insurance, also bears all the costs of instructing a lawyer - including and especially for the lawyer's out-of-court work! It is not necessary for you to send a letter to the opposing party's liability insurance company yourself or to call them! We will be happy to do this for you - at no cost to you.

Recommendation: Especially if you are sure that the damage will be reimbursed 100% by the other party, it is advisable to commission a lawyer's office to handle the entire out-of-court settlement and not to accept the recommendations of the opposing party's liability insurance.

The advantage for you:

You have the certainty that all claims to which you are entitled will actually be asserted and accepted by the other party.

Not recommended: "Settlement" by your "own" motor vehicle workshop, for example:

The accident victim visits a trusted garage to find out how much the repair costs for his car are likely to be. It is then immediately suggested to him that an expert could draw up an appraisal at short notice, after which the entire claims settlement would be taken over by the repair workshop free of charge, including the provision of a hire car.

This is also not advisable for the following reasons:

Often only part of the hire car costs are reimbursed to the injured party by the other party's liability insurance, e.g. because the injured party has not taken into account the duty to minimise damages. Accordingly, the injured party is obliged to obtain several offers from car hire companies in order to select the cheapest provider. He is not permitted to hire the most expensive hire car. If this happens nevertheless, not all costs will be settled. The question is whether this is pointed out by car repair shops. Furthermore, employees of motor vehicle workshops cannot make correct legal assessments when it comes to more difficult damage items, e.g. claims for compensation for pain and suffering in the event of personal injury or deductions of how many per cent new for old in the event of further material damage. If employees of motor vehicle workshops make incorrect recommendations regarding settlement, the question also arises as to whether the motor vehicle workshop can then be held liable for compensation by the accident victim.

It is precisely for reasons of the latter idea that the question usually arises as to whether motor vehicle workshops are acting lawfully if they are in fact providing legal services for their customers or whether this is generally not permitted. Craftsmanship is without question an honourable high art. At the same time, on the other hand, hardly any lawyer will be able to carry out accident bodywork on cars professionally.

Equally not recommended:

Settlement "according to the instructions of the opposing insurance company":

An opposing liability insurance company, for example, often tries to "recommend" the accident victim to have the repairs carried out at a garage recommended by the opposing compulsory insurance company and not at the car repair shop trusted by the accident victim.

Furthermore, the entire material damage is often not compensated, the "lump sum for expenses" is not taken into account or the daily rate for compensation for loss of use is set too low. We know exactly how to prevent this.

If you instruct a lawyer, all communication (correspondence, completion of the claims questionnaire, etc.) does not take place between you and the insurer, but exclusively between the insurer and the lawyer's office. This saves you unnecessary stress and time.

Frequent constellations for hiring a lawyer

• Road accident
• Personal injury
• Property damage
• Compensation for damages
• Bicycle accident
• Sports accident, ski and snowboard accident
• Hit and run
• Unauthorised removal from the scene of the accident
• Endangering road traffic
• Coercion in road traffic
• Negligent bodily harm
• Negligent homicide
• Motor vehicle racing
• Alcohol and drugs in road traffic
• Drunk driving
• Driving without a licence
• Withdrawal of driving licence
• Suspension of the issue of a driving licence
• MPU order
• Speeding outside or within the built-up area.
• Driving through red traffic lights.
• Driving licence at risk
• Converting a driving ban into a higher fine
• Preventing or postponing a driving ban

Criminal Law / Strafrecht

My specialisation

I have been actively involved in criminal law since the 1990s, whether as a defence lawyer, lawyer of choice, public defender or accessory prosecutor.

The focus of my criminal law work is on general criminal law, commercial criminal law, criminal traffic law, juvenile criminal law and other areas of criminal law.

Additional two-year Master of Laws programme

In 2011-2013, I completed an additional course of study, specifically for lawyers and defence lawyers with several years of professional experience. This is the Master's degree course in the area of specialisation for the

   Master of Laws in Criminal Law

   Legal remedies in criminal law

   Appeal

We can lodge an appeal against first-instance judgements of the Regional Court and Higher Regional Court as well as against second-instance appeal judgements of the Regional Court with the court that issued the judgement within a period of one week from the date of the judgement. The appeal must be substantiated within a further period of one month after the expiry of the deadline for lodging the appeal or the delivery of the judgement. The grounds for appeal can only be submitted by a defence lawyer.

Penalty order

If you have received a penalty order, you can lodge an objection with the court that issued the penalty order within two weeks of receiving the penalty order.

Appeal

Appeals against judgements of the local court can be lodged with the court that issued the judgement within one week of the judgement being pronounced.

Summons by a police authority

Seek advice in advance from a criminal defence lawyer of your choice

Recommendation as a criminal defence lawyer:

In the event of arrest and search:

Until the first interview with your defence lawyer:

• Please do not make any statements, exercise your right to refuse to give evidence.
• Do not sign anything
• Do not give in to any demands, e.g. payment of bail or similar!
• Right to call in a defence lawyer

If your home is being or has been searched or if you have been provisionally arrested, you have the right to contact a lawyer you trust. Contact the Bauer law firm by e-mail or telephone.

Memberships:

H. JÜRGEN BAUER LL.M. is a member of the German Bar Association Berlin e. V. and a member of the Inheritance Law Working Group and

Traffic Law Working Group of the German Bar Association,

member of the

International Bar Assosociation, IBA London,

Criminal Law Committee of the IBA 

Inheritance Law / Erbrecht

Inheritance law is a highly complex and therefore exciting specialised discipline in German law.

The 10 most frequently asked questions from our clients in inheritance law:

1. What are the advantages and disadvantages of a Berlin will?
2. What at needs to be considered when drawing up a will?
3. How is the compulsory portion claim asserted?
4. What does a claim to a supplementary compulsory portion mean?
5. Is a community of heirs always doomed to failure?
6. How is inheritance tax calculated?
7. Is it sensible to arrange for the execution of a will?
8. How is the inheritance quota calculated?
9. How can inheritance disputes be avoided?
10. Who needs a health care proxy and living will?

Compulsory portion

The compulsory portion represents a safety net, so to speak. It is, so to speak, a minimum share in the value of the estate which the next of kin may not fall short of. Neither through testamentary provisions nor, with restrictions, through gifts. We advise you both on the enforcement of claims to a compulsory portion and on the defence against such claims.

Execution of wills

An executor

administers the estate on behalf of the heirs. This enables the testator to enforce his will even after his death or to have the estate administered in the case of minor children. Lawyer H. Jürgen Bauer, LL.M., also acts as executor, advises you and helps you to take action against the executor. The executor must administer the estate in accordance with the testator's instructions and/or distribute it among several co-heirs. The execution of the will can be imposed over the entire estate or only over the inheritance shares of individual co-heirs. The latter is recommended, for example, for minor co-heirs who are not yet capable of managing their share of the estate. One of the most important duties of the executor is to draw up a correct inventory of the estate immediately after taking office, which includes all the estate's assets and debts. Only this list enables the heirs to check the activities of the executor.

Communities of heirs

Experience has shown that communities of heirs are problematic because the administrative rules of the German Civil Code are complicated and dispositions of estate assets can only be made jointly. In the administration of estate assets, the question of whether there is ordinary administration, extraordinary administration or emergency administration determines whether action can be taken with a majority of votes or only uniformly, e.g. whether an heir can act alone. However, the boundaries between the three levels of administration activity are usually controversial and complicated. The difficulties associated with the community of heirs and their settlement speak in favour of the sole heir/legatee solution. One person becomes the sole heir, the other beneficiaries merely receive bequests that are to be satisfied by the sole heir from the estate. In this way, no community of heirs is created. In the case of underage heirs or testators who wish to simplify the administration and settlement of the community of heirs, it may make sense to arrange for the execution of the will. In this case, the testator must consider who is to be the executor of the will and who can become the substitute executor if this person is no longer available. Furthermore, the exact scope of the executor's duties and how their remuneration is to be organised must be regulated.

Partition arrangements

The testator can simplify the division of the estate among the co-heirs by issuing division orders. In doing so, it must be stipulated whether the differences in value between the items granted must be equalised among the co-heirs.

Contract Law and Tort Law / Vertragsrecht

Our areas of expertise:

Advice, legal review and drafting of clauses and contents of various contractual texts, e.g. in the areas of

• Work contract law
• Enforcement of claims for wages, reduction, damages and cancellation
• Purchase contract e.g. for    car, kitchen, property
• Enforcement of purchase price claims, problems in the area of reduction, compensation and cancellation
• Employment contract
• Partnership agreement
• Agency agreement
• Property purchase agreement
• Estate agent contract
• Mortgage loan agreement
• Mortgage loan agreement
• Life insurance contract/cancellation
• Gift contract / cancellation due to gross ingratitude
• Car purchase contract, lorry purchase contract
• Leasing contract
• Genuine and non-genuine factoring
• Guarantee law
• Loan law
• Review and drafting of general terms and conditions (GTC)

Naturalization / Einbürgerung

On November 30, 2023, the Bundestag discussed a federal government bill to change nationality law. The draft essentially provides for the following changes:

• The period of residence in the Federal Republic of Germany required for naturalization is shortened from 8 to 5 years,
• A shortening to 3 years is possible, with “special integration achievements” (C1 language skills and particularly good academic, vocational or professional achievements or civic engagement),
• Upon naturalization, the previous nationality can be retained, o If you receive social benefits, naturalization is not possible (exception: full-time employees)
• If you adopt a foreign nationality, your German nationality is not lost (no further approval is required).

As expected, the draft was referred to the committees, where possible changes will be discussed. The second reading and decision in the Bundestag is scheduled for February 2024.

The Federal Ministry of the Interior expects the new regulations to come into force on April 1, 2024. It must be examined whether the processing of the ongoing naturalization procedure can be accelerated in individual cases, e.g. by initiating an administrative court action, an action for failure to act, against the relevant authority.

I will keep you informed about current developments.

Old regulation:

Until the new regulations come into force, the following requirements apply or applied to naturalization:

• You can acquire German citizenship either through naturalization, at birth or through (effective) adoption as a minor by a German parent. There is a legal right to naturalization
• if you have held a specific residence permit for at least 8 years (7 years with an integration course, 6 years with special integration skills, such as B2 language skills)
• if no social benefits are received or the claim is not justifiable (e.g. underage children).
• if there are no previous convictions
• Language skills at level B1 must be demonstrated.

Under certain circumstances, you can be naturalized at your discretion if all requirements are not met.

Spouses of a German can be naturalized after just three years. Proof of securing your livelihood can be waived if you have become unemployed through no fault of your own. Minor convictions can also be ignored. Children and spouses can be naturalized at the same time, even if they do not yet meet all the requirements. Naturalization requires that you give up your previous citizenship.

There are also exceptions to this if expatriation is not possible or unreasonable or if you are an EU citizen. Your German citizenship will be lost if you (again) take on another citizenship. Under certain conditions, however, it is possible to retain German citizenship when naturalizing in another country. To do this, you must have received a “retention permit” before taking on another nationality.

Children born in Germany may receive also in addition to the nationality of their parents - German nationality if at least one parent • has been legally resident in Germany for 8 years and • has a permanent right of residence If you acquire German citizenship through birth in Germany as a child of foreign parents, but grow up abroad, you must decide by the age of 21 which citizenship you would like to retain (so-called “option obligation”).

If you do not make a declaration despite a tip from the German authorities, you will lose your German citizenship. 

Advises and supports you in the naturalization process

Attorney H. Jürgen Bauer, LL.M.

If you have any questions, please arrange a meeting.

Mediation:

Business mediation What is that?

Business mediation is a mediation process for constructive conflict resolution. The mediator, as an independent and impartial third party, supports and structures the conversation between the conflicting parties, whereby it is the parties themselves who work out the solutions. The aim of mediation is to analyze the causes of the various conflicts in order to find solutions that are realistic, acceptable and therefore ultimately positive for all participating parties. Are there losers in mediation? In successful mediation there are no losers. The aim is always to create a WIN-WIN situation. What advantages does business mediation offer? 1. Speed of the procedure: Often only one to two months. (Average length of court proceedings: ½ to 1 ½ years) 2. Confidentiality: Sensitive data remains internal, not public. (In contrast, court proceedings are always public.) 3. High success rate: 80-90% of mediation procedures are successful. 4. Lower costs Mediation proceedings are usually more cost-effective than standard court proceedings. 5. Permanent resolution of the conflict If a mediation process is successful, the conflict is usually resolved as a whole, resulting in improved and stable relationships in the future. In which life situations does it make sense to carry out a business mediation process? In the event of conflicts within commercial companies: Conflicts within management Disputes between employees or between employees and managers Conflicts between the works council and management In the event of conflicts between commercial companies: In the event of conflicts between companies and customers In the event of disputes between suppliers and manufacturers In the event of conflicts in the course of insolvency proceedings or debt settlements Construction law: Conflicts often arise during the construction phase of buildings. Example: The responsible architect A accuses the electrical company E, which was commissioned to install the shell, that the work was defective and not completely carried out. E denies this and argues, among other things, that the work will not be completed because the agreed interim advance payment has not been made by the builder B. B reminds the architect A that in the event of late completion of the entire object by B, a contractual penalty would have to be paid, which should be avoided at all costs. A court case, possibly starting with the initiation of an independent evidentiary procedure in accordance with Section 485 ZPO, could take a year or 1.5 years until the first legally binding decision by the regional court. A mediation process that can be carried out successfully within 2-3 months offers clear advantages, especially with regard to the time factor. Why Attorney H. Jürgen Bauer, LL.M. hire as a mediator? He is particularly suitable as a mediator and has been working successfully for many years: The suitability arises, on the one hand, from three special mediation training courses: First, training to become a lawyer mediator was completed at the German Lawyer Academy. This training was supplemented, which is why he is also a certified mediator according to the Certified Mediation Training Ordinance (ZMediatAusbV). Finally, further training to become a business mediator was successfully carried out at the German Lawyer Academy. He also has over 20 years of experience as a mediator in conducting mediation proceedings. Using his international expertise as a negotiation consultant and his systematic and constructive approaches to conflict and negotiation management, he will support you in successfully resolving existing conflicts! Is a lawyer with mediator qualifications a worse lawyer than a colleague who does not have mediator qualifications? This accusation doesn't seem to die out. According to this misconception, the mediator qualification has the consequence that lawyers with mediator qualification are supposedly “too lenient” as lawyers and do not pursue the client’s claims with enough determination, as the idea of supposedly “mediating” between those involved is too often in mind want, although from the client's perspective an active and stringent approach is desired.

This accusation is 100% unfounded. A mediation procedure according to the rules of mediation has nothing to do with a court procedure, e.g. according to the rules of the Code of Civil Procedure. It is not possible to mix the roles. Just as a cyclist knows that there is no accelerator pedal, the car driver knows that there is no coaster brake on the car. If mediation supposedly offers so many advantages over court proceedings, why are there still almost exclusively court proceedings and, in relation to them, very few mediation proceedings? There are certainly several reasons for this. One of the main reasons will certainly be: The voluntary principle applies in mediation. Nobody can be forced to carry out mediation proceedings. If only one of the parties involved refuses to cooperate, or possibly refuses to cooperate during the course of the proceedings, mediation proceedings cannot take place or can no longer be continued. In order to carry out legal proceedings, it is sufficient that the plaintiff alone makes the decision to sue the defendant, for example for payment of a claim. As is well known, the plaintiff does not have to ask the debtor before initiating legal proceedings whether he would agree to the initiation of a payment action against him. The laws in our country, as well as in most other countries around the world, give a plaintiff who is entitled to payment the opportunity to enforce his claim in court - especially against the will of the defendant. Summary: In terms of results, the mediation process is certainly superior to the legal process. However, when it comes to the requirements for initiating the respective proceedings, the legal action is much less problematic from the outset, as it does not depend on the consent of the defendant. Recommendation: In life situations that are suitable for mediation and in which it is likely that the parties involved will voluntarily take part in the implementation of a mediation procedure, it is always advisable to give preference to the implementation of a mediation procedure for the reasons mentioned above. There does not always have to be a legal dispute.

With mediation we offer the opportunity to avoid legal proceedings: 

Please feel free to make an appointment - we look forward to hearing from you!