If you have contacted us as your representatives for the third instance, our work begins with an examination of the prospects of success of the appeal. Of course, you will also receive a clear statement of the costs incurred. For the examination of the prospects of success, the court files of the lower instance must be available, which is why our work regularly requires the appeal to be lodged within the deadline. Insofar as the review of the appeal judgment already allows a statement to be made about the risk-opportunity profile, we discuss this with the colleagues working at the lower court or the clients as early as possible.
How we work: Competence
Civil proceedings before the Federal Court of Justice (appeals, complaints against denial of leave to appeal, appeals on points of law) follow their own rules. The decisive factor is the precise legal analysis, not the repetition of the argument from the instance.
We work closely with the trial lawyers before the courts of first instance in order to focus the proceedings on the key legal aspects. Our pleadings are reduced to the essentials and clearly structured.
The primary objective of our work is to secure the success of our clients' proceedings in the third instance. In doing so, it is important to break new ground and develop an optimal strategy in close cooperation with the attorneys at first instance. We will provide you with a detailed assessment of the opportunities and risks of your legal case - after the appeal has been lodged and reviewed under appeal law.
Civil proceedings before the Federal Court of Justice can only be conducted by a lawyer admitted to the Federal Court of Justice. In complex proceedings, it makes sense to contact us as early as possible. It often also makes sense to provide legal support for extensive commercial and civil law proceedings at the lower court level in order to be in the best possible position for third instance proceedings.
If your opponent has lodged an appeal with the Federal Court of Justice, please also contact us at an early stage. We will then discuss with you whether an appointment at this point in time or at a later date would be advisable.
Once we have received the court files, we and our team of specialized lawyers will carry out a detailed legal review, which will result either in the preparation of a draft statement of grounds or in a detailed legal assessment with a recommendation to withdraw the appeal (so-called abvotum). The latter takes place if – particularly in cases of non-admission appeals – grounds for admission (legal errors of overriding importance; violations of fundamental procedural rights) cannot be presented with sufficient justification from any point of view.
We always involve our colleagues working at the lower court in the coordination of the statement of grounds of appeal. It is immensely important to know their view of things as well as their legal objections to the appeal decision in order to be able to discuss and consider the relevant aspects.
The law hearing proceedings before the Federal Court of Justice are of great importance and we always attend them in person. You can be sure that we know the case in all its facets and have prepared a pleading in intensive preparation for the oral hearing, which should convince the senate and bring about the success of the case. We are pleased to be accompanied to the oral proceedings by our colleagues who have acted before the court of first instance or by our clients and consider this to be an enrichment.law
In cases of out-of-court advice, we contribute our expertise in revision law in order to set the right course as early as possible in a court dispute.
If you appoint us as arbitrators in arbitration proceedings, we will ensure that your point of view is fully considered and taken into account, in line with the neutrality and independence required of an arbitrator.