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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