392
The Green Bag
the United States and vice 'uersa
(in
object of contention, so that the very
Germany) ought to be of interest to
moderate fees rise proportionately to the amounts involved. It is an old though still unfulfilled
lawyers of both nations.
Lawyers in the United States are very well placed in regard to cases (of their clients) which concern the United King
dom because the language in both coun tries is the same, which is a matter of
great importance. In consequence, lawyers of the United States are also
wish of German lawyers to have a new fixed list of fees;——not made after the old and low standard of the year 1879.
but made with consideration to the changes—the numerous decided changes —which have taken place since that
more or less intimately acquainted with
year.
the English laws. It is quite different in regard to the legal matters which lawyers of the United States have to
man attorney the following may further
settle in Germany. It would be of great interest to many lawyers in the United States to acquire some information re
garding the position of their professional brethren,in Germany (their fees, etc). In this respect there still exist many erroneous opinions in most quarters.
For instance, in many publications in the United States there is little difliculty in finding such assertions as: “Lawyers of the United States forwarding business to their German colleagues are entitled to claim a part of the fee." In other instances lawyers and private people in the United States, applying to Ger man attorneys, want to know “if he works
for a percentage or what fees he asks,” etc., confounding the system of fees
To understand the position of a Ger be mentioned :— In connection with the Landgericht (Oberlandesgericht) the Supreme Court
of Germany (Reichsger’ichl) at Leip zig, there is a rule for lawyers called Anwaltsz'wang, by which no one can appear for himself before a court. Hence he must be represented by an attorney and only by an attorney recognized by that court. Matters stand otherwise
with
the
Amtsgericht
or
City
or
Borough Court, where a man is not compelled to engagea lawyer to repre sent him. In this Court, however, no sum higher than six hundred marks or one hundred
and fifty dollars can be sued for. Further, the claimant is required to appear continually in person, which in volves a considerable loss of time and
used in the United States with that of our German laws. The following most
infinite trouble.
important fact is therefore worthy of note :— The German Law (Gebrehun Ordmmg
is hardly ever taken advantage of, and the lawyer is also generally engaged to represent his client in these cases.
far
Rechtsanwiille —- Reichsgesetz ‘00m
7, juli 1879) fixes the exact fees which a German attorney-at-law has to claim for all kinds of professional work. Thus the Rechlsanwalt can charge his client
neither more nor less than these fees fixed by law which applies to all matters of the Civil Code and of criminal cases. The amount of the Rechtscmwall fee depends exclusively on the value of the
Thus this permission
The Rechtsanwalt is
attorney and
counsellor-at-law all in one (in En._.,— land solicitor and barrister). The Rechis anwall can never be a business man as is the case in the United States. The exercise of the law is not to be
considered a. calling or profession, but is to be looked on more as a public office. According to the lawyers’ code of the 1st of July, 1878, lawyers are charged
