Lawyer and notary liability law

Lawyers’ and notaries’ liability covers cases of incorrect advice. It is not uncommon for those seeking advice to be either unaware of the possibilities of corresponding liability claims or to shy away from making a claim against their former advisors in the event of damage caused by the advice they have received. Such concerns are unfounded, as both notaries and lawyers are compulsorily insured. Nevertheless, advisor liability is one of the most complex fields of law, as so-called incidental proceedings must regularly be conducted in which, on the one hand, the breach of duty of the advisor himself must be proven and, in the context of the causality of the same for the subsequent damage, it must be shown incidentally and, in case of doubt, proven that the damage would not have occurred if the advice had been correct. As the Federal Court of Justice has recognized the problems of proof for the client in this respect, the former has developed the so-called presumption of advice-compliant conduct, the application of which in individual cases is often unsuccessful or not even recognized by inexperienced colleagues in the field of consultant liability. Early consultation with a competent law firm in this field is also urgently recommended in order to avoid any problems with the statute of limitations.