The purpose of the bar at the Federal Court of Justice is to establish a highly qualified, independent group of attorneys with unique experience in appellate law, thus promoting the quality of rulings given by Germany’s highest civil court. An attorney licensed to appear before the Federal Court of Justice is not only expected to master the entire spectrum of civil law, but must also be able to gain a forensic grasp of cases, while observing the appropriate professional distance, and pinpoint the aspects relevant to an appeal and the development of case law (see also the court’s judgement in BGHZ 170, 137, 144).
This is the benchmark we set for ourselves. When we take on cases, however, the focus is not on academic questions. We are driven by the success of our clients before Germany’s highest civil court.
We advise and represent our clients in all key areas of civil and commercial law before the Federal Court of Justice.
Our particular areas of focus are intellectual property and patent law, trade and corporate law, investment law, liability law for liberal professions (the liability of doctors, attorneys, tax advisors, auditors, and architects), public and notary liability law, insurance law, private construction law, insolvency law, banking law, and antitrust law.
We also represent clients in preliminary ruling proceedings before the Court of Justice of the European Union (CJEU).
In important appeal proceedings in lower courts, we will also, on request, act in an advisory capacity alongside the legal counsel of our clients in order to improve the prospects of a future appeal at an early stage and identify potential grounds for appeal.
We also act as arbitrators.
We get to the heart of the matter.
In proceedings before the Federal Court of Justice, it is usual for each side to only submit one written arguments. In our many years of experience, the effectiveness of legal submissions or rebuttals hinges on the counsel’s ability to clearly outline the key points without getting sidetracked. That is why we get to the heart of the matter on behalf of our clients.
Our work begins with a meticulous and detailed examination of the circumstances and legal situation, as set out in the case files. This frequently gives rise to new perspectives and legal issues that have not previously been explored (or at least not in detail).
Drawing on our forensic skills and our many years of experience in the handling of appeal proceedings in all areas of commercial law, we draw up a nuanced assessment of the prospects (risks and opportunities) of a particular legal remedy. If the next step is to draft a legal submission or rebuttal to be presented before the Federal Court of Justice, we will forward a draft version of the document to our client or the counsel in earlier proceedings for consultation. If, in our view, a legal remedy has no prospect of success, we will inform our client accordingly, giving detailed reasons, and recommend that they withdraw their legal action in order to avoid further costs.
We are not lone wolves, but instead engage in an open dialog with clients’ legal departments and the counsel who led the case in the lower courts and who are familiar with the details. We will consult these parties in respect of any submissions to be presented to the Federal Court of Justice, thus ensuring that our clients benefit from the four-eyes principle.