Witten.
A client demands 17,000 euros back from his lawyer in Witten. He accuses him of a breach of duty. That’s how it came about.
–
Because he felt ripped off by a lawyer in Witten, his client sued the lawyer for repayment of costs of around 17,000 euros. A civil chamber of the Bochum regional court dealt with the case on Thursday.
The plaintiff had hired the lawyer in 2016 to demand funds from two loans granted in 1998 and 1999, around 5700 euros. “The original order was to determine the outstanding remaining claim and to find an out-of-court settlement with the debtors,” said the defendant lawyer. The client had assured that he had a “titled claim”, that is, a foreclosure title. However, it later became apparent that the corresponding enforcement notices had not been properly served. Nevertheless, the matter went to court – the plaintiff incurred high costs.
Lawyer from Witten should have checked delivery
He now wants to get it back: The plaintiff argues that the lawyer did not ensure damage limitation because he did not advise an immediate termination of the legal proceedings when it was clear that the notices had not been served. This, in his opinion, was a breach of duty on the part of the lawyer, which subsequently led to further costs. The judge agreed with him. The lawyer should have clarified the question of the proper delivery of the enforcement orders immediately. Corresponding inquiries would have been necessary – so there are indications of a breach of duty.
+++ 10 reasons why you should try our free Witten newsletter +++
However, the plaintiff had not yet adequately presented the damage suffered through fees and court costs, the judge said. Some of the claims are well founded, but the limitation period applies to others. The attorney’s professional liability insurance had already stated that.
An amicable agreement failed in the appointment on Thursday and is still not in sight. On the contrary. The defendant lawyer has filed a counterclaim. A decision is now expected in four weeks at the earliest.
You can find more articles, pictures and videos from Witten here
–
– .
