Attorney Liability

Lawyer liability is understood to be the liability of the lawyer towards his client due to the breach of his legal duties.

A legal contract is concluded between the client and the lawyer, which from a legal point of view usually represents a business agency agreement (§ 675 BGB) in the form of a service contract (611 ff. BGB). In addition to the obligation to properly provide services, this legal contract also results in the lawyer’s duty of care towards his clients, which can lead to lawyer liability. Protecting the client’s interests is always the priority.

Die wesentlichen Pflichten des Anwalts zur Vermeidung der Anwaltshaftung sind:

  • Complete clarification of the facts
  • Detailed, in-depth legal review
  • Comprehensive legal advice and instruction
  • Organization, especially meeting deadlines


The lawyer’s main duty is to provide the client with comprehensive legal advice, in particular explaining all the risks of the specific case, with the aim of showing the client the safest path. If the lawyer violates one of these obligations, he is obliged to compensate the client for the resulting damage; this is a case of lawyer liability. Every lawyer is required to take out liability insurance for lawyers’ liability, which must pay for legal errors, so it is guaranteed that the client will be fully compensated for the damage.

Attorney liability due to attorney errors is no longer uncommon these days. An increasingly unmanageable, complex collection of laws, regulations and case law decisions and a glut of lawyers who are under constant competitive pressure mean that legal errors happen every day in today’s legal practice and lead to lawyer liability.

Legally, lawyer liability arises from Sections 280 ff. BGB or Sections 823 ff. BGB.

On the following pages we will try to provide you with as much information as possible about legal liability.

We also recommend the following pages on the subject of attorney liability