Right to Choose a Lawyer in Germany [Freie Anwaltswahl]

Key takeaways

• You can pick any lawyer to represent you if your legal insurance policy allows it.
• Almost every legal insurance company in Germany offers the right to choose a lawyer (Freie Anwaltswahl).
• The legal insurance provider also recommends a lawyer. But you should be cautious about following this recommendation. The lawyer may prioritize the insurer’s interests over yours.

This is how you do it

• Do a Google search or use one of the lawyers’ search portals to find a lawyer.
• Find a lawyer who specializes in the legal field you need support.

Table of Contents

What is the right to choose a lawyer in Germany (Freie Anwaltswahl)?

When you face a legal dispute, you should be free to choose your lawyer. You can pick any lawyer you wish if you pay the lawyer’s fee and court costs from your pocket.

However, you can freely choose a lawyer only if your legal insurance contract includes the right to choose a lawyer. Otherwise, you have to rely on the lawyer recommended by the insurer.

Thus, ensure that your legal insurance policy includes the right to choose a lawyer (Freie Anwaltswahl). 

Why is the right to choose a lawyer important?

Here are some of the reasons why having the right to choose your lawyer is important.

Pick a lawyer that keeps your best interest in mind.

The lawyer recommended by the legal insurance provider must consider both your and the insurer’s interests. This unfortunately could lead to a conflict of interest. 

It’s because the legal insurance company wants to keep the legal expenses to the minimum. It means settling the case as soon as possible is the best solution.

On the other hand, settling early for less may not be the best for you. It takes time and money to achieve the best results for you.

Hence, ensure that your legal insurance contract includes the right to choose a lawyer (Frei Anwaltwahl).

You trust the lawyer you pick

It’s vital that you trust the lawyer representing you. If you already know a lawyer you trust, it’s best to avail their services instead of the one recommended by the insurer.

You can even ask your friends and family if they know a good lawyer suitable for the legal dispute.

Find a lawyer with expertise in the legal area of dispute

Like any other field, there are specializations in the legal world. It’s recommended to choose a lawyer who is specialized and has experience in the legal area in which your dispute falls.

For example, you would prefer a lawyer specializing in real estate law to represent you in conflicts with your landlord. Similarly, you would prefer a lawyer who specializes in immigration law for conflicts with the immigration office.

You can compare the legal insurance offers on Check24* or Verivox*. If you want a service in English, check Getsafe* legal insurance and Feather*.

How do you find a lawyer in Germany?

• Ask your friends and family for recommendations.
• Your legal insurance provider can recommend lawyers. But you don’t necessarily have to hire the lawyer the insurer recommends.
• Use our directory to search for lawyers. It lists lawyers that offer services to expats in English and many other languages.
• There are many lawyer search portals in Germany that you can use to find a lawyer in your area.
  • Official nationwide register of lawyers in Germany.
  • German lawyers’ association
• A quick Google search can also list lawyers near you.

What should you consider while hiring a lawyer in Germany?

• The lawyer specializes in the legal field that covers your dispute.
• The lawyer has positive ratings on the internet.
• Some law firms even have quality certificates issued by TÜV and Dekra. This is another proof of the high standards practiced in the law firm. Lawyers running solo practice usually don’t have such certificates.
• You feel comfortable with the lawyer.

Can the legal insurance company reject the lawyer of my choice?

If your legal insurance includes the right to choose a lawyer clause, you are free to pick any lawyer. However, in rare cases, your insurance provider can reject the lawyer of your choice.

In this situation, you must recommend three other lawyers to the insurance company. The insurer must approve one of the them.

NOTE: Top rating agencies in Germany rated Arag—Aktiv-Premium, WGV—Optimal PBV, and KS / Auxilia—Jurprivat as the best legal insurance plans in Germany.

References

• https://www.moneyland.ch/de/rechtsschutz-anwalt-wahl
• https://www.jochen-versichert.de/blog/allgemein/darf-ich-bei-der-devk-rechtsschutzversicherung-meinen-anwalt-frei-waehlen/
• https://www.check24.de/rechtsschutzversicherung/fragen/freie-anwaltswahl/
• https://www.transparent-beraten.de/rechtsschutzversicherung/freie-anwaltswahl/