The corona crisis has raised many questions. Some can only be clarified with legal help. But what if the lawyer can only be reached by phone?
Berlin (dpa / tmn) - The corona pandemic sometimes makes human contact difficult. So it's no wonder that some services are currently offered in other ways - on the phone, for example.
According to a survey by the General Association of the German Insurance Industry (GDV), the demand for legal advice over the phone rose abruptly at the beginning of the crisis: If around 115,000 consumers receive advice over the phone in normal months, the figure was just under 285,000 in March and April.
Contact restrictions are not the only reason
The reason for this increase, however, is not only due to the fact that the offices were only partially accessible to visitors. In most federal states, lawyers are one of the systemically relevant professions. "Your work is essential for a functioning constitutional state," says Tim Günther, an expert in professional law and a lawyer in Hanover himself.
Therefore, lawyers are still allowed to give advice in compliance with the locally applicable security measures. "Sometimes the attorney's visit is limited to urgent legal issues," said Ulrich Wessels, President of the Federal Bar Association.
The uncertain situation during the Corona crisis rather brings with it a large number of legal questions, estimates Thomas Lämmrich, who is responsible for legal protection insurance at GDV. "We expect a significant increase in legal protection cases and the associated costs." Numerous legal disputes are currently taking place in the areas of contract, labor and travel law. Many would have questions, for example about short-time work, termination and trip cancellations.
Legal advisers bound by confidentiality
Legally, it hardly makes a difference whether you seek advice in person or over the phone: Legal advisers are bound by the duty of confidentiality in any case. However, you have to make sure that the personal data of your clients are just as protected in remote communication as in one-to-one conversation.
Therefore, the lawyer must also pay attention to which platform he chooses, for example when making contact via video telephony. In addition, there is no restriction in the law on how a lawyer should provide legal services. The lawyer is also completely free to give advice. However, advice over the phone is not a substitute for face-to-face conversations, says Lämmrich.
It is better to discuss complex cases personally
Less complex cases could be discussed through to the end on the phone. "But if you can't see any documents, the options for advice are limited." Telephone advice does not save money. The fees charged by the lawyer are the same in both cases. "That is why it is important that the client and lawyer talk about the costs in advance," says Wessels. "The client shouldn't be afraid to ask about the costs."
The lawyer's remuneration is settled either in accordance with the Lawyers' Remuneration Act or on the basis of agreements. "If the client just wants verbal advice, information or a brief expert opinion, the lawyer can work towards a fee agreement."
Telephone calls can also cost money
If no agreement is made, the lawyer can demand a maximum of 250 euros plus VAT from a consumer for advice, provided the legal dispute does not go to court. The fee for a first consultation is no more than 190 euros plus VAT for a consumer.
In addition, the lawyer can claim necessary expenses. "It is not widely accepted by the public that a quick call to a lawyer can trigger charges," says Timm Günther. In fact, however, it is basically the case that a lawyer is always allowed to charge fees whenever he consciously answers a legal question - and is also liable for incorrect answers.
The only difference is, for example, a friend is given legal advice out of mere courtesy at sports or a barbecue. Here it is already clear from the circumstances that the lawyer does not want to be legally bound.
© dpa-infocom, dpa: 200811-99-129092 / 2
Evaluation of the GDV for legal advice