English-speaking lawyers in Berlin

78 posts in this topic

 

16 minutes ago, shockedpenguin said:

I've got a very naieve question-- what kind of fachgebiet/fachanwalt fur.. should i be looking for if I'm the victim of an assault (vs being the accused)?  I'm obviously new to this.  

 

A few kids went on a joy ride in a stolen car, crashed into my bike, fled the scene, and then slashed me with a knife when I approached them.  

 

You might want to first make contact with on the many NGOs that deal with victims of crime. They can answer most of your questions and refer you to a lawyer if necessary. 

 

https://www.berlin.de/sen/justva/ueber-uns/beauftragte/opferbeauftragter/artikel.259061.php

 

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On 26.2.2021, 17:57:20, engelchen said:

 

 

You might want to first make contact with on the many NGOs that deal with victims of crime. They can answer most of your questions and refer you to a lawyer if necessary. 

 

https://www.berlin.de/sen/justva/ueber-uns/beauftragte/opferbeauftragter/artikel.259061.php

 

 

On 26.2.2021, 17:57:20, engelchen said:

 

 

You might want to first make contact with on the many NGOs that deal with victims of crime. They can answer most of your questions and refer you to a lawyer if necessary. 

 

https://www.berlin.de/sen/justva/ueber-uns/beauftragte/opferbeauftragter/artikel.259061.php

 

 

try http://germancriminallawyer.de/

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I would like to find a solicitor (Notar) rather than a lawyer who can deal with a simple will in English and German. (Either in or S. of Berlin, LDS area.)

The English speaking lawyers lists I find are all Rechtsanwälte rather than Notars, with correspondingly greater fees I think.

I looked at the Brandenburg Notarkammer list which came up with 0 results and have googled in various ways. 

A couple of years ago I found one in Cottbus but his work was unreliable so any recommendations gratefully received.  Ta!

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The Notar status is an additional qualification for a lawyer, not a separate one. I've never heard of a Notar who wasn't an attorney, too.

 

The prices for their services are all the same, because they're calculated according to the transaction value and the Bundesnotarordnung. If you find someone who's willing to work for less, it should be no surprise if they turn out to be unreliable.

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I have read that the Notarkosten for will-making are much more regulated according to regulatory tables than Anwalts' fees. They are regulated by different bodies and a Notars fee is based almost purely on the value of the estate. Anwalts have more leeway to impose consultation fees, hourly rates etc. on top of the basic estate value.

e.g. From

https://www.bgk-rechtsanwaelte.de/testamentsberatung-durch-notar-oder-einen-rechtsanwalt/


"Gehen zu einem Notar sind die Kosten deutlich niedriger als die Kosten anwaltlicher Beratung, was an den unterschiedlichen Kostengesetzen liegt. Ein konkretes Beispiel: Es lassen sich Ehegatten zu einem Testament beraten, die ein Vermögen von Euro 400.000,- haben ..."

Nothing come cheap-cheap in the legal world as I well know and that had nothing to do with the less than satisfactory service we received.

 

Anyway, the question was, English speaking Notar, bitte!!


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1 hour ago, El Jeffo said:

The Notar status is an additional qualification for a lawyer, not a separate one. I've never heard of a Notar who wasn't an attorney, too.

In Berlin they have Anwaltsnotare.

 

Elsewhere in Germany, e.g. also in Brandenburg, a Notar is allowed to be a Notar only, not also a lawyer (= hauptberuflicher Notar): https://de.wikipedia.org/wiki/Notar#Freiberuflicher_Notar

 

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Warning: long message. Need a lawyer to file lawsuit against Aldi. 


Saturday morning I was assaulted and illegally detained by two Aldi employees and a Gesundbrunnen Mall security guard because I refused to let them go through my belongings.  

I had just paid for the items I was leaving the store with (pastries, shoe insole inserts and a phone card)  when the seemingly aggravated, strange behavior, very tired looking hostile cashier came from behind his register alone and would not allow me to pass to leave. He wanted to go through my backpacks that were secure to my back during my entire shopping experience there. I refused. He has no reason to make this request as I never opened or reached for my bags let alone attempt to take anything I did not intend to pay for. 

He didn’t even allow me to get near the security tag scanners before blocking my path. I repeatedly asked him to move. I repeatedly asked him not to touch me.  I suggested he go back and check the inventory and the security cameras because I was not allowing him to humiliate me and violate my privacy. I repeatedly told him that I was unable to access my bags without removing them and placing them on the floor because they were full of my expensive drone and camera equipment. There simply was no space inside for anything to be concealed inside my bags. 

He profiled me with some stereotype and made his judgement without any proof or evidence of wrong doing. Unless he was having some type of psychopathic hallucinations there was zero behavior on my part to give the impression I intended to steal something. 

When I tried to leave again he tried to put me in a chokehold. I tried to escape the assault but my bags were throwing me off Balance and too heavy.   After struggling to get him off of me screaming for Polizei, screaming for somebody to help me a morbidly obese gentlemen employed by Aldi and another morbidly obese security office from the mall had joined in on the attack and were hitting me on the floor, striking me again and again from behind when I was already unable to move due to their extreme body mass. They were cutting my air off and putting lots of force on my Torso and neck and pulling very hardly on my arms. The large Aldi employee said something like “fuck you fuck your mother” a couple of times. The skin on my wrists are damaged from the overly aggressive use of the handcuffs. My wrist are weak and feel sprained. My previously injured right shoulder feels as though it did when it was dislocated after an ebike accident.  My ribs feel bruised and it’s difficult to get up and down from a resting position without pain. 

The Polizei came and went through my bags. They did not find a single item from the store.  They took photos of my injuries and said I could go and that I should contact a lawyer.  

Aldi did not apologize. In fact the fat manager whom had his knee in my neck choking me came back and threatened me in front of the Polizei for calling him fat when I was struggling to breath. My voice is nearly gone today.  Everything hurts. 

I want to press charges against Aldi and the Gesundbrunnen Mall security. I want to file suit against both of them for the violent assault, long term physical and mental health consequences of their actions, humiliation, incredibly traumatizing attack and property damaged as well as 600€ stolen from me. They had no right to demand I open my bags nor any right to even touch me let alone assault and handcuff me. They didn’t even look at the security camera footage and I didn’t set off any sensor alarms.

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59 minutes ago, Heathenarts said:

as well as 600€ stolen from me.

What was stolen? Do you have proof?

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€600 cash and my only proof would be that it was seen at the cash register while checking out but not discovered by Polizei after doing a complete search of my two backpacks and self/pockets. I had just arrived back to Berlin from Munich on an overnight train. I was wearing a button up collared shirt with belt and slacks and Lou Boutin leather shoes and carrying a professional photographers equipment backpack that I never even reached for while in the store let alone opened. He was accusing me of stealing to items each equivalent in size of a box of breakfast cereal. This is really so insane. 

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19 hours ago, Heathenarts said:

They took photos of my injuries and said I could go and that I should contact a lawyer.  

 

I want to press charges against Aldi and the Gesundbrunnen Mall security. I want to file suit against both of them for the violent assault, long term physical and mental health consequences of their actions, humiliation, incredibly traumatizing attack and property damaged as well as 600€ stolen from me. They had no right to demand I open my bags nor any right to even touch me let alone assault and handcuff me. They didn’t even look at the security camera footage and I didn’t set off any sensor alarms.

 

Well, definitely you should contact a lawyer. Maybe google English language lawyer and your town. If you are in Berlin, then  https://www.berlin.de/sen/justva/ueber-uns/beauftragte/opferbeauftragter/artikel.259061.php will probably have what you need - that's from a post by engelchen upthread. There may be more nuggets in this thread if you scroll back.

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Does anyone know the laws regarding a stores rights to detain a customer suspected of shoplifting? A friend whom is a manager with another Aldi Location said they’re not allowed to detain anyone. 

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One might have thought that the police would take charge of the situation. Unless one knows the police, they try to do nothing in most situations.

 

What is the situation about Hausrecht? Are food shops rechtsfreie Raueme, lawless zones?

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On 11/04/2022, 14:20:13, Heathenarts said:

Warning: long message. Need a lawyer to file lawsuit against Aldi. 


Saturday morning I was assaulted and illegally detained by two Aldi employees and a Gesundbrunnen Mall security guard because I refused to let them go through my belongings.  

I had just paid for the items I was leaving the store with (pastries, shoe insole inserts and a phone card)  when the seemingly aggravated, strange behavior, very tired looking hostile cashier came from behind his register alone and would not allow me to pass to leave. He wanted to go through my backpacks that were secure to my back during my entire shopping experience there. I refused. He has no reason to make this request as I never opened or reached for my bags let alone attempt to take anything I did not intend to pay for. 

He didn’t even allow me to get near the security tag scanners before blocking my path. I repeatedly asked him to move. I repeatedly asked him not to touch me.  I suggested he go back and check the inventory and the security cameras because I was not allowing him to humiliate me and violate my privacy. I repeatedly told him that I was unable to access my bags without removing them and placing them on the floor because they were full of my expensive drone and camera equipment. There simply was no space inside for anything to be concealed inside my bags. 

He profiled me with some stereotype and made his judgement without any proof or evidence of wrong doing. Unless he was having some type of psychopathic hallucinations there was zero behavior on my part to give the impression I intended to steal something. 

When I tried to leave again he tried to put me in a chokehold. I tried to escape the assault but my bags were throwing me off Balance and too heavy.   After struggling to get him off of me screaming for Polizei, screaming for somebody to help me a morbidly obese gentlemen employed by Aldi and another morbidly obese security office from the mall had joined in on the attack and were hitting me on the floor, striking me again and again from behind when I was already unable to move due to their extreme body mass. They were cutting my air off and putting lots of force on my Torso and neck and pulling very hardly on my arms. The large Aldi employee said something like “fuck you fuck your mother” a couple of times. The skin on my wrists are damaged from the overly aggressive use of the handcuffs. My wrist are weak and feel sprained. My previously injured right shoulder feels as though it did when it was dislocated after an ebike accident.  My ribs feel bruised and it’s difficult to get up and down from a resting position without pain. 

The Polizei came and went through my bags. They did not find a single item from the store.  They took photos of my injuries and said I could go and that I should contact a lawyer.  

Aldi did not apologize. In fact the fat manager whom had his knee in my neck choking me came back and threatened me in front of the Polizei for calling him fat when I was struggling to breath. My voice is nearly gone today.  Everything hurts. 

I want to press charges against Aldi and the Gesundbrunnen Mall security. I want to file suit against both of them for the violent assault, long term physical and mental health consequences of their actions, humiliation, incredibly traumatizing attack and property damaged as well as 600€ stolen from me. They had no right to demand I open my bags nor any right to even touch me let alone assault and handcuff me. They didn’t even look at the security camera footage and I didn’t set off any sensor alarms.

 

Probably the law works something like this, but maybe someone who actually knows this for sure can answer. Although I did study law in the UK I became an engineer instead, and anyway the laws in Germany are different, so I can only offer some general advise.

 

You were suspected of stealing something, rather than presenting this at the checkout.

The store employee asked to check your bag to determine if there was something stolen or not.

As you refused, it was not possible to eliminate you as a suspected thief.

 

Likely at this point the store has a right to ask you to remain (this is the point of law I am note sure about) until such time as the police arrive.

The police have the right to search you for stolen property and would (and indeed did) check you bags.

You would then be free to go.

There would be a police report and you would be able to bring a case for wrongful detention / breach of privacy or some other claim such as racial profiling.

It's then for the court to determine if the supermarket employees, acted in a reasonable manner given everyone's version of the situation.

 

Likely also if you try to leave before the police arrive, either with or without the property the store believes you have stolen, the store security guards/employees (again here I would like someone to specify the law) can likely physically prevent this. This can be as simple as saying you are not allowed to leave and standing in front of you. If, however, you persist and try to leave, likely they can use whatever physical measure are appropriate to prevent you from leaving. What is deemed 'appropriate' will be for a court to decide, but there are likely well established guidelines as to this.

 

You say the employee tried to put you in a choke hold, which presumably must have escalated by you trying to leave anyway. The employee took the usual step of trying to restrain you from this. Normally this would be the job of a better trained person such as a security guard. Aldi will have guidelines on what employees are allowed and not allowed to do, but in any case, the company itself is liable for the actions of it's employees. Allowing untrained employees to do such things could well lead to unnecessary injuries, which would give rise to a negligence case on the part of the employer.

 

You then skip to a point where the security guard and two employees are hitting you whist pinning you to the floor and (presumably) the security guard decided to handcuff you. Likely your wrists were injured as a result of resisting this restraint. Whilst the employees were probably within the law to prevent to leaving, physically assaulting you will almost certainly be considered 'beyond reasonable force' and therefore I would suggest you have a civil case for damages against the supermarket, and probably a criminal case against each of the employees for assault. Just so you are aware, you can also bring a civil case against the individual employees as well as the employer.

 

You should definitely contact a lawyer and obtain a court order as soon as possible to obtain the security tapes of the event. Usually these are recycled, so the recording of the event may be lost should you not act soon enough. As the employees are likely to have a story counter to yours, the security tapes are an important element in supporting your case. You should also visit a doctor as soon as possible and get a complete examination of the injuries including ex-rays. You may have to pay for the costs of this, but this can be part of the later claim. Cost of a lawyer in Germany is regulated, but none the less quite expensive. Initial consultations, where they can determine if there is a case to answer and what remedies there are, are often free, but I don't know if this is the case in Germany.

 

One option you might consider is travel insurance. You may be able to submit a claim for assault / mugging, which in turn may help with the immediate fees around medical costs and the loss of the cash. Equally any sort of legal assistance insurance may be able to help with legal fees etc. If you paid your travel by credit card, again there might be something which could be claimed.

 

Unfortunately, this case highlights one of the problems of upholding your rights vs. a commercial organization who can also act in it's own rights. The issue could have been avoided by allowing the employee to check your bags, or insisting the police were called and then anyway they would have checked your bags. Either way as a suspected thief your bags were going to be searched. If there was something in the bags which might be considered of a private nature, then performing that search in a back room would have moved the situation away from the public view.

 

Trying to leave before the police arrived again lead to an unnecessary escalation. They may have had no right to detain you as someone who had not stolen anything, but may well have had the right to detain you as a suspected thief.

 

Thus whilst in a situation, you may have the correct moral ground and even a legal backing, but you also have to think about the consequences to how other people see your behaviour and what their reaction might be. Germany, and it varies from place to place, is not a very friendly country to foreigners, and I would say especially to non white foreigners. 

 

You may find the following links helpful:

https://handbookgermany.de/en/rights-laws/discrimination.html

https://handbookgermany.de/en/rights-laws/legal-aid.html

 

 

 

 

 

 

 

 

 

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I spoke to a manager at another Aldi Nord location and policy is that they are not allowed to detain or make physical contact with a customer.
I also learnt that Aldi Nord doesn’t have cameras in their stores, not even at the registers. How convenient for them. 
 

The police did take pictures of all the markings on my neck, wrists, torso and ankles.  I went to the emergency room the next day for X-rays. Nothing broken (I’ve never broken anything more than my big toe and I’m not an incredibly graceful or safety oriented person) but they definitely bruised some ribs and the trauma may have caused two blood clots found in my ankle. 
 

The attack was almost surely motivated by the cash he saw me carrying probably thinking if I had taken anything he could extort a few hundred euros out of me and not call the police. 
 

I‘m blonde hair blue eyed and genetically more German than most Germans born here… I just grew up in Kansas and have a difficult time spitting out that hot potato of a language they keep trying to cram down my throat.

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