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legal eagle, Attorney
Category: German Law
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I sought to have the answer clarified. ..."But if the motion

Resolved Question:

I sought to have the answer clarified. ..."But if the motion was only retracted because of what your lawyer did you should confront him about being responsible for the costs."

To clarify: Does she have to show me the motion before sending and if she sends it and does not review it with me, she can he legally define that without my direction to stop her, this implies my consent? or are her actions her responsibilty? I gave no request for this motion that mandated higher values and payment from the other party: my lawyer spoke of strategies to get the party to participate, I did not translate her motion until after the court hearing. Her actions in the other parts were I thought always trustworthy.
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,


she has to talk the motion through with you and act according to your wishes.


She strictly has to act according to mandate.

Of course she is the expert and within the mandate you have given decides what to do



If however the motions were togehter with the divorce proceedings as such in the so-called Scheidungsverbund the costs that result from demanding more money are literally nefligible and stand in no relation to what you might gain with the higer motion





legal eagle, Attorney
Category: German Law
Satisfied Customers: 11929
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you
Customer: replied 1 year ago.

Clarify: "she has to talk the motion through with you" and "act according to mandate"


What does this sound and look like? Can a lawyer say that the responsibility or "fault" rest with the client if the lawyer's actions are not according to the mandate, based on the lawyer declaring that the client, by not questioning the activity before it goes to court, is demonstrating understanding and agreement to the lawyer's actions? When the lawyer knows that there is a significant difference in the direction and potential outcome, based on the "new strategy" the lawyer submits in the motion, is she required to be very explicit and show the comparison of costs and risks and meaning for all parties, including clients, lawyers, and judges OR is the client required and responsible for making sure the lawyer is not deviating from the client's needs and actively question and be prepared to thoroughly understand the legal meanings and strictly oversee and manage the lawyer's actions?

Expert:  legal eagle replied 1 year ago.
Dear Customer,


no if he does not act according to mandate the responsiblity is with the lawyer, not the client,

If the lawyer does not find it necessary to send the moton beforehand because everything appears to be clear and discussed the motion goes straight to court.


the lawyer has to explain to hios client the costs and the risks

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