Does the lawyer keep the original will

Power of attorney - when is it needed?

From bussgeldkatalog.org, last updated on: May 13, 2021

A lawyer is often not allowed to work for clients without a power of attorney

Legal transactions are on the agenda for almost everyone. Regardless of whether you are Cancel the contract with your telephone provider or buy bread rolls, in all cases the contractual partners express their will, which also gives rise to rights and obligations. If these are violated, one of the parties involved can decide to take one To instruct a lawyer to enforce his claims - if necessary also in court if another agreement cannot be reached.

But it is not only in contracts of any kind that disputes can arise. Lawyers are also needed to clarify traffic offenses, for example if there has been an accident and the question of guilt needs to be clarified. As part of his job the lawyer contacts the other side and, if necessary, takes a position on open questions. In addition, it may also be necessary that he must obtain legal income. For this he is only authorized if he has been authorized to do so by the client.

This guide informs you about why there is a power of attorney for the lawyer, whether legal powers of attorney can differ from one another and what the power of attorney for the lawyer can look like as a model.

FAQ: Power of attorney for the lawyer

What does a power of attorney do for a lawyer?

With a power of attorney, the lawyer can act as a representative of the client and thus act on his behalf. You can find out exactly what a power of attorney is here.

Are there different forms of power of attorney for a lawyer?

Yes, there are four different types of power of attorney. You can read here what they are and how they differ.

Can a power of attorney be revoked?

Yes, clients can withdraw a power of attorney that has been granted. The lawyer can also terminate the mandate, in which case the power of attorney usually lapses.

What is meant by a power of attorney?

By power of attorney a person declares another - the so-called authorized representative - as his representative. It is this third party permitted with the same authorization to conclude legal transactions in the name of the principal and to make declarations of intent for him.

With such a power of attorney a lawyer legitimizes himself. It's about a unilateral legal transactionwhere receipt must be confirmed. Again, this does not apply to the acceptance of this order. The Civil Code (BGB) states: If you want to formulate a power of attorney for a lawyer, you usually have to do this Pay attention to nothing special with regard to the form (ยง 167 BGB). From this it follows that a power of attorney for the lawyer in principle can also be granted tacitly - for example through conclusive behavior, also known as implicit behavior.

By the way: Even if lawyers receive such a power of attorney, This does not mean that you must immediately enter into legal transactions on your own in a completely single-handed manner. To ensure a good client relationship, Most of them take out insurance from you beforehandwhether one or the other act is in your interests - even if you have already signed the power of attorney form.

If your attorney provides you with a power of attorney as a template, you should pay close attention to the extent to which you authorize him. Because: you even bear the consequences. Even if you are represented, you alone are responsible for the consequences of these decisions.

Your trusted lawyer will usually insist that you take the Sign the power of attorney in writing and in multiple copies. This means that he has two, three or more original documents at his disposal, which he can present as evidence of his commissioning if asked by third parties.

You have signed the power of attorney for a lawyer after submission and now want to know how long does this last? The civil code provides information on this. It says: The power of attorney is frequent Valid as long as you have not clearly indicated to the authorized representative that this will expire at a certain point in time. However, a power of attorney is not required for advice.

Legal power of attorney - which forms are differentiated?

It has already been suggested that a Power of attorney can come about in very different ways. In order to better distinguish the different variants from each other, they are briefly listed and explained below:

  • Internal Power of Attorney: This form of power of representation is also referred to as an internal power of attorney. This term describes the case in which an authorized representative - in our case the client - authorizes his lawyer directlyto act on his behalf.
  • External power of attorney: Opposite is the External power of attorney - also called external power of attorney. Here the client explains to the conflicting party in a legal dispute that a lawyer commissioned by him has this power of attorney.
  • Power of attorney: This form of power of attorney is a little more complicated. When a Person is aware that another person is acting as their alleged representative towards third parties, but does not raise any objections to this, then there is talk of a tolerance power of attorney. The decisive factor in this context is the trust you have placed in us. It can therefore be assumed that there is an implied declaration of intent, which means something like: There is, as it were, a tacit consent.
  • Power of attorney: A special form of power of attorney is the power of attorney. How far it goes is determined by the Code of Civil Procedure (ZPO) Are defined. In this context, a client gives a legal representative the Authorization to conduct litigation for him and to reach settlements etc. with the opposing party. The latter is not necessarily part of this declaration. she must recorded in writing and thus also signed because: This power of attorney for the lawyer may have to be presented - if a litigant requests this. This puts a stop to an oral grant.

The power of attorney - proof of the commissioning

The so-called power of attorney represents the Proof of the power of attorney issued for the attorney. It is not mandatory as such a power is effective even without it. The question is: If a client opts for this variant, when does the certificate lose its validity?

The answer to this question can be found in Section 172 Civil Code. A lawyer is no longer authorized to represent if the power of attorney has been returned to the exhibitor or if the latter declares the document to be no longer valid.

Has to be Attorney present the power of attorney at some point? Yes, often. That is why it is important that the power of attorney is not verbal but rather to be given in writing. This in turn should have the original document, because the production of a duplicate is often not allowed in court. Other voices, however, point out that there is no legal obligation to do so. They argue that it is sufficient for lawyers, given their role, to confirm under oath that a client has been commissioned.

Can you revoke the power of attorney for the lawyer?

There are many lawyers in big cities. It is therefore not that easy to find the right one for you. If you want to fight for your rights, many therefore fall back on the experiences of friends and acquaintances who have had good experiences with a particular lawyer in the past. However, that does not mean that you too will be represented in a way that meets your expectations. But what happens if you have already issued the power of attorney? Are you bound by them until the dispute has been resolved or a verdict has been reached?

The legislature allows that To withdraw the power of attorney and the mandate at any time - that is to say revoke or terminate. Accordingly, you are not necessarily bound to a legal representative, once you have been selected, and can also withdraw from the contractual relationship before the expiry of a possible time limit.

If you decide to take this step, is included Consider the following:

  • Watch out for Equality of form. That means: file the objection in the same way as you closed the power of attorney for the lawyer.
  • Who the Addressee of the revocation is depends on the Form of the original power of attorney from. In the case of an internal power of attorney, it is advisable to actually only address the revocation to the lawyer. In the case of an external power of attorney, your declaration of will should also be declared to the opposing party.

Then it is important to get one as soon as possible to secure new legal support. Note: The termination of the mandate or the power of attorney does not necessarily have to be initiated by the client - the lawyer himself can also decide to give notice. This decision often hits a client hard, as they are faced with the unannounced challenge of looking for a new representative. The legislature recognizes this and therefore grants a grace period of two weeks. Within this "notice period" the Lawyer continues to perform his duties. Only after this time can he really give up on the client.

Good to know: As a client, you often go with your signature on the power of attorney for the lawyer or the form a contractual relationship is only entered into as long as the clarification of the matter lasts. As a rule, the power of attorney loses its effect once it is completed.

Issue a power of attorney - the sample can look like this

Would you like to hire a legal representative to deal with your case? Then you usually have to don't spend hours researching the internet yourselfhow a legal power of attorney can look like as a model.

Do I have to present a power of attorney to the lawyer? Usually, the principal does not have to hand the attorney a power of attorney on their own as a pre-printed form or already signed. On the contrary: it is rather It is customary for the lawyer to have such a document ready for use and hands it over to his client so that he can confirm his unilateral will to represent.

You can find out what such a letter can look like in the following sample power of attorney. She should give you serve only as a guide and visualize what such a form can look like. Individual Deviations are therefore not unusual and even necessaryif you want to make the power of attorney even more extensive or restrictive. If you issue such a power of attorney, therefore, pay attention to which rights are actually requiredto sort it out.

- Power of attorney for my lawyer -

I hereby authorize [Name first Name], living in [Street, house number * Zip * City], Born on the [Date], Mr / Ms [Name first Name] based in [Street, house number * Zip * City], Born on the [Date] to represent myself and my interests in the following matters:

________________________________________________________

I give the person in question both an out-of-court and a process power of attorney - for disputes in any instance.
This power of attorney includes the following things:

  1. Applying for divorce and follow-up matters, concluding agreements on the consequences of divorce plus applying for information on topics such as pensions and pensions
  2. conducting litigation and filing and withdrawing counterclaims
  3. the out-of-court representation of my interests as well as the assertion of claims against debt-bearing third parties
  4. the settlement of legal disputes by negotiating a settlement, waiver or acknowledgment of guilt
  5. the expression and acceptance of contractual relationships such as terminations, including justification
  6. the defense and representation in fines and criminal matters. Pre-litigation proceedings are not excluded from this either. In my absence he / she can represent me according to 411 II StPO. In addition, I hereby give my permission to accept summons according to 145 a II StPO and to submit applications
  7. the representation of my interests before the following courts: labor, social, financial and administrative courts
  8. it may be transferred in whole or in part to third parties by the authorized representative

________________________________________________________
[Place, date, signature]

Were we able to help you? Then please rate us:
Loading ...