Assistance with law firm processing
August 25, 2009 | 25,00 EUR | answered by Andreas Scholz
I would like to help my sister, who is unable to continue running her law firm (family law) in Hamburg due to health and personal reasons, but is having difficulties with the closure of the firm. What options does a lawyer have to seek professional help without losing their license? Can unfinished cases simply be transferred? What about confidentiality? Could a lawyer work on the remaining cases on her behalf? Or could a lawyer possibly review the files together with her?
Is there a place in Hamburg where one can turn to for assistance? What is the procedure for handling such a law firm closure?
Dear inquirer,
first of all, it is possible to resign mandates. It is then generally the client's responsibility to find a new lawyer. As a former lawyer, on the other hand, the matter cannot be transferred to another client without the client's consent.
In case of resignation, the fee claim arises only to the extent that the work has actually been performed. Furthermore, a claim for damages may arise if the client has suffered a loss as a result of the resignation.
In your case, I can recommend that your sister appoint a representative, § 53 BRAO. This representative would then act on behalf of your sister and would be bound by confidentiality. The appointment of a representative does not entail the withdrawal of the authorization.
I would like to provide you with this important paragraph:
§ 53 Appointment of a general representative
(1) The lawyer must ensure his representation,
1. if he is prevented from practicing his profession for more than one week;
2. if he intends to leave his office for more than one week.
(2) The lawyer can appoint the representative himself, if the representation is taken over by a lawyer belonging to the same bar association. A representative can also be appointed in advance for all cases of hindrance that may occur during a calendar year. In other cases, a representative can only be appointed by the bar association upon request of the lawyer.
(3) (deleted)
(4) The bar association should assign the representation to a lawyer. It can also appoint other persons who have obtained the qualification for the judicial office, or legal trainees who have been employed in the preparatory service for at least twelve months, as representatives. § 7 applies accordingly.
(5) In cases of paragraph 1, the bar association can appoint the representative ex officio if the lawyer has failed to take a measure under paragraph 2 sentence 1 or to apply for the appointment of a representative under paragraph 2 sentence 3. However, the representative should only be appointed if the lawyer has been requested to appoint the representative himself or to submit an application under paragraph 2 sentence 3, and the deadline set for this purpose has elapsed fruitlessly. The lawyer who is appointed as a representative ex officio can only refuse the representation for an important reason. The bar association decides on the admissibility of the refusal.
(6) The lawyer must notify the appointment of the representative to the bar association in cases of paragraph 2 sentence 1.
(7) The representative has the same powers as the lawyer he represents.
(8) The appointment can be revoked.
(9) The representative acts in his own responsibility, but in the interest, on behalf and at the expense of the represented person. Sections 666, 667 and 670 of the Civil Code apply accordingly.
(10) The representative appointed ex officio is authorized to enter the law office premises and to take possession of the objects belonging to the law office, including the trust property subject to legal custody, to demand their return and to dispose of them. He is not bound by instructions from the represented person. The represented person must not impair the activities of the representative. He must pay the appointed representative a reasonable fee, for which security must be provided if circumstances so require. If the parties cannot agree on the amount of the fee or on the security to be provided, or if the required security is not provided, the board of the bar association determines the fee upon request of the represented person or the representative. The representative is authorized to withdraw advances on the agreed or determined fee. The bar association is liable as a guarantor for the determined fee.
I hope this information has been helpful to you.
If you have any further questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
