Is it an advantage to use a lawyer in the same city

11 posts in this topic

I am about to sic a lawyer on a tenant/handwerker in Nürnberg. He lives in the apartment he has only partially renovated.

 

Obviously I wish to choose a lawyer focusing on Immobilienrecht. 

This Kanzlei seems a good choice, but she's in Regensberg not Nürnberg

 

Her first task will be to write him a letter, which she'll send by Email or whatsapp and "per Bote" meaning a court official will certify a letter with verified content was delivered to his hand or mailbox. Hopefully this will bring him to his sesnes. I'm afraid he greatly believes in his ability to confuse me.

 

Is there a disadvantage in having the lawyer in a different city. I would imagine even were she in the same city she would just Email her scanned letter to the Bote who print it, and hand deliver it. Likewise were it to advance to court, we won't have a Ally McBeal pleading my case to a sensitive judge in live court.

 

Either he has a lawyer with whom my lawyer can communicate professionally. 

 

Or he has no lawyer and my lawyer's electronic briefs will be indefensible from his side.

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I can only really see a disadvantage if the lawyer has to actually turn up for anything. Being in a different city would mean longer travel and so higher costs for you.

 

 

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10 minutes ago, cb6dba said:

I can only really see a disadvantage if the lawyer has to actually turn up for anything. Being in a different city would mean longer travel and so higher costs for you.

 

 

True. On the other hand the defendant will have to pay all those costs if he loses.

 

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Well the case is clear cut. Either I'm insane, or he is. 

If I'm insane my lawyer will tell me so. 

If he's insane the case would be granted on the first court filing

 

However it might involve evicting him. He basically wants to stay until 1 July 2021 but only pay 350 (up from 200) rent per month. 

The contract is rent free until 31.12.2020 as part payment and 900 thereafter. 

 

Our differences revolve around him not having finalised the renovation. For example bathroom needs tiling. He claims to have not done so to force me to pay what I fondly call idiotrechnung of about 4500 for administering an insurance claim for water damage which happened shortly after he removed the kitchen.

 

While he was both tenant, and handwerker. I refused to get involved in insurance claim in case he purposely caused the water leak.

 

idiotrechnung is also his justification for the rent decrease

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3 minutes ago, jeba said:

True. On the other hand the defendant will have to pay all those costs if he loses.

 

That is a very interesting point. If it goes to court he will lose, because I won't order my lawyer to pursue something she advises against.

 

Twice I've been rearended when I had a car, and both times I got a very boring lawyer to handle the insurance claim for me. He assured me his costs would be paid by the insurance. He got me more than I could have got myself, and I've no idea what he got himself.

 

Mr boring is long since retired.

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1 hour ago, jeba said:

On the other hand the defendant will have to pay all those costs if he loses.

 

The judge would decide what "reasonable" costs would be.  A court case heard in Hamburg with a lawyer in Munich might not 'fly'.

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2 hours ago, MadAxeMurderer said:

 

This Kanzlei seems a good choice, but she's in Regensberg not Nürnberg

 

 

Too far apart.  You want someone who doesn‘t have to drive over an hour to go to the court.  You want someone who is familiar with the judges/staff at the local court.

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Doesn't the Haus & Grund organization provide these kinds of services for landlords like the Mietverein does for tenants?

 

We are members.

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45 minutes ago, Space Cowboy said:

 

Too far apart.  You want someone who doesn‘t have to drive over an hour to go to the court.  You want someone who is familiar with the judges/staff at the local court.

 

Agree.  Hopefully this matter will never get as far as someone having to appear in court, but pick your lawyer as if it would.  So unless there is a prior relationship with Regensburg lawyer, find one close to the relevant court.  This is not an exotic, unusual area of law so there should be adequate choices that are also geographically convenient.

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We just sued our former landlords who live near Herrenberg, in BW.  We are in Wiesbaden.  We used a Wiesbaden lawyer because that was what the legal insurance advised.  The case was settled in our favor, and we never had to go to court.

 

I’m glad you brought up this question, though, because I wondered myself if it would be better to use a Stuttgart area lawyer.  We never met the lawyer.  She did a great job.

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15 hours ago, fraufruit said:

Doesn't the Haus & Grund organization provide these kinds of services for landlords like the Mietverein does for tenants?

 

We are members.

 

I joined Haus & Grund, and met with a lawyer in the Nürnberg office. I can't remember the problem. Anyway he sad he would send me an Email follow up after he thought about my problem. Never hard from him again, and 2 follow up Emails ignored.

 

I've had better service from the Mietverein. I have the impression that lawyers who work for Mietverein, or Haus & Grund are not energetic, high power lawyers. And they have to process a certain number of clients per day, so if your case is complicated and needs 1 hour instead of 5 minutes they don't like you.

 

The concensus sems to be choose a lawyer in Nürnberg because even though there is no chance of it going to court, a local lawyer will have a relationship with court officials?

 

On that basis it would seem to suggest going with a larger firm rather than a 1/2 man/woman Kanzlei as they will have better lubricated contacts.

 

Finally there's the issue of police contacts. As the police may be used against this character. It's an ongoing story on an ongoing saga

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