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a.merkel
a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 1511
Experience:  1.+ 2. Staatsexamen; LL.M.(Master of Law)
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My brother in-law has built a small electric generating plant

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My brother in-law has built a small electric generating plant at the mill which his family has owned for 5 generations. The Engineer miscalculated the water flow and electric output so the income is greatly less than forecast. We need to consult a German law firm experienced in suing over engineering errors. We are in Bavaria near Hof. Please refer us to the best firm. Thank you.
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,


thank you so much for using Just Answer

Your best bet would be to make enquiries via the bar association in Bamberg
They might know a collegue who is specialzed in such matters

The address is:


Friedrichstr 7

96047 Bamberg

Tel0951 / 986200
Customer: replied 1 year ago.
Thank you. Is it customary for an attorney specializing in such matters to require a very large retainer such as the 3000 euro requeted by the attorney my brother in law (Frank)contacted??

He is nearly bankrupted by having to subsidize the income from the generator each month to make the bank payments.

Are "contingency fees" customary and normal in German litigation as they are in the U.S. where I live??

Are there any legal aid societies in Germany where a young eager lawyer might work who might wish to take on such a case to establish a name for him/her self?

The engineer had five years to detrmine the water flow at the site and assured Frank of a wrong amount of electricity available to sell to Aeon.

Do Engineers have to carry "error and omission" insurance to be licensed in Germany as I do inthe USA??

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


it is quote the custom that a lawyer demands money in advance

How much that is depends on how much the matter is worth, which in your case is going to be much

As your case is a lot of work no younger lawyer is going to take it on for free

By the way you want an experienced lawyer
Customer: replied 1 year ago.
Thank you for helping me to become familiar with the practices in Germany. I am prepared to advance a reasonable amount to cover expenses such as consulting experts and other proper charges. But I am not prepared to pay for very much attorney time (typical hourly rates please) just to have one fail to aggressively pursue what is on the face of it an open and shut case of professional error or omission.

You failed to answer my question regarding Engineering error and omission insurance. As you know, there must be some deep enough pockets or no suit is worth pursuing. The engineer himself may have little or nothing so we need to know if he was compelled to be insured. Thank you
Expert:  legal eagle replied 1 year ago.
Dear Customer,

the legal fees are according to what the matter is worth , not hourly


Of course the engineer has to be insured
Customer: replied 1 year ago.
Thank You again. I understood your answer that the fee is related to the value of the case.

Question: Is it always required to pay it ALL up front regardless of success or failure and regardless if the attorney vigorously pursues the matter?

Thank you also for assuring me of what I believed must be so regarding the error and omission insurance.

We also believe the engineer received a commission from Ossberger, the manufacturerof the turbine equipment but he was not on the payroll of that firm.

Quesstion: Is conflict of interest a "fault" in German law?

You have been quite helpful assisting me to learn "the lay of the land" here in Germany regarding such cases. I am an expert witness (over 30 years experience) in Construction litigation cases in the USA but of course had no knowledge of how it is done over here. My poor brother in law is a sporting good salesman trying to help his aged parents maintain the ancestral home. The hydro project was a natural for this old mill with water rights and a canal and all. He already did a very successful solar project on the roof when the Government wanted to promote that.

Ilook forward to your answers to my final two questions.
Customer: replied 1 year ago.
Relist: Other.
After a reasonably satisfactory exchange, "Legal Eagle" simply disappeared without answering my final two very important questions.

If I am to be completely satisfied as you offer, then those final questions must be answered.

I cannot wait until she returns to her office another day so please forward the entire thread back to me and I will sned it to whomever you next choose.
Thank you.
J.L.Kenick Jr.

Expert:  a.merkel replied 1 year ago.
Dear customer,

i will answer your both questions:

1. Is it always required to pay it ALL up front regardless of success or failure and regardless if the attorney vigorously pursues the matter?
Yes, in Germany, there is no success fee for lawyers. The lawyer receives his remuneration for his services. The fees are set by law and are based on the value of the goods.

2. Is conflict of interest a "fault" in German law?
it depend on the case.
Basically, a conflict of interest can be relevant, for example, if someone completes a business virtually to itself.
In your case the engineer you would have to prove that he had actually received money. Here, you would be in the burden of proof. Therefore the mere presumption will not help you.
Customer: replied 1 year ago.
Thank you.

How is "the value of the goods" determined in a case such as ours. The amount of euro he would have recieved if the engineers calculations were correct compared to his actual payments from Aeon? If so, for how many years?? The life expectancy of the equipment or what other measure?

In German law is there as statute of limitations for filing such a suit. If so, how many days or months or years do we have to file a suit after Frank first discovered the error.
Expert:  a.merkel replied 1 year ago.
This depends on what focusing your complaint or request. Is it compensation for lost revenue, then the value of the claim to the amount of the required compensation amounts. An expert would have to determine the amount.
The limitation period for a still not judicially determined claim is 3 years from knowledge of the error.
a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 1511
Experience: 1.+ 2. Staatsexamen; LL.M.(Master of Law)
a.merkel and 3 other German Law Specialists are ready to help you
Customer: replied 1 year ago.
Is it possible under German law for a claimant to file a auit pro-se? If so, what is the procedure?
Customer: replied 1 year ago.
Relist: Other.
Ms. Merkel is excellent but is not responding now. I need yet to know if German law allows for a claimant to file pro-se. If so, what is the procedure.
Expert:  a.merkel replied 1 year ago.
You can submit without a lawyer to a lawsuit if the amount in dispute is less than 5000 euro.
Probably your dispute will be very much higher.
Otherwise you submit a document to the competent court, by name the plaintiff and defendant with address and file your claim.
I can only strongly recommend to be legally represented, because your case is very complex.


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