Tuesday, December 5, 2006

What Colour Is An Hiv Rash

lawyers, the country needs

The planned Legal Services Act serious, structural socio-political changes on the Citizens.

Many a journalist then announces proudly that it finally goes to the lawyers to the collar. No one considers it's own best qualities of the lawyer's advice that the company will be lost. without

Well maybe in the future needs of the citizens to the legal advisers. Spare provide banking and insurance and other financial service providers to advise even free.

Is that better? Clearly calls the savings roll.

But is it really so free? If the consultant only to benefit the discussions in the eye or to the person seeking advice will be discussed in a particular direction. Does the free advice to the advisor, insurance, electric blanket or Other purchases by the consultant, you have to put the word 'free' in question.

fact is, the Legal Services Act will break many small and medium-sized firms the neck and the consulting landscape will change significantly. Who acknowledged the cheer with glee and in memory of his last "expensive" lawyer thinks is too short to ...

offers a few thoughts on my presentation at the German contribution to Redenerwettstreit Lawyers Day 2006 in Cologne:

legal services provider in the market right?

this question we must ask ourselves lawyers. Because the proposed Legal Services Act and seemingly unstoppable roll slowly towards us.

(Chemical analysis)
But long ago they are indeed among us, this legal service ...
as quietly as they sneak in - often there are banks, insurance companies and accountants - to the legal advice. And by the way ...

And by the way will be discussed -
And by the way contracts are designed -

are common labor and rental agreements,
Tollkühn we continue the partnership agreement, the marriage contract up to the will.
These legal services do something for many years - but under the hand, because something was yet illegal and violated the Law on Legal Advice. Foreign legal affairs could be business-like concern only by lawyers or by any person to whom an authorization was granted.

The proposed Legal Services Act, a new world legal competition is pushing for the legal services market. That is what happened before quietly can now be offered officially.

thus pave the proposed Legal Services Act unprecedented opportunities and new markets. Banks, tax and consulting firms can service as a legal right then what they have already done all the time, namely legal advice, now effective in advertising for example, offer as free additional bonus.

Hurrah! Instead the incalculable costs to the lawyer - finally an inexpensive alternative: simple free advice the way to the bank.

music, the question is, if the way be involved expensive insurance products in the entire estate planning.
that the quality may not be true, or the promises are not respected shows, perhaps years later.

Will there still be lawyers? If the lawyers that predatory survive?

Even if the majority votes from the proceeds of the legal necessity of the legal advice law and its constitutionality - seems the precipitation of our Legal services monopoly, according to the latest draft of the Federal Ministry of Justice, referring to the Nazi origins and possible collision with higher-ranking German and European law decided.
What now?
If we reflect on the fundamental values of the lawyer, in particular the independence - is not it socially, politically suspect - even fatal - to advise the citizen to leave institutions that are not independent, but are pursuing very different goals.

The attorney is court or tribunal must be independent and represent the interests of his client.
Still on 13/10/2003, the Supreme Court decided that a lawyer the same GF a Real Estate Limited was the approval was withdrawn effective, because you will here a conflict of interest seen hat.Die independence and integrity of the lawyer and the authoritative guidance on legal and objective interests of his clients not by the acquiring economic character of a second profession at risk ( Federal Constitutional Court NJW 2002, 503). And now to car repair shops, insurance companies and banks to advise clients ...

(Lenin logs)
Inspired by the writings of Karl Marx, Lenin Trier colleagues rises among the ruins of socialism from his grave and calls us to:
"Your lawyers is united against the Legal Services Act ! Let's not allow the "capital" advises the workers to the citizens! You are the only way out of mental slavery! "

Lenin knew in 1913 that the capital of the oppressed people, ruined the small owners, creating an army of unemployed lawyers.

Derelict With so much political demagogic propaganda we briefly to ponder and come to the conclusion that there is already so bad does not come.
We are lawyers, we have learned it has always been us not to make any laws, but to apply the new laws and coming to terms with it and after all we have seen the signs of the times and now advertise with the slogan:
confidence is good - better
attorney is - and it is already doing enough and we dismiss Lenin the old grouch.

(Looking into the distant future)
who lives in view of the future is automatically connected with the question of the consequences.
The Latins had a saying familiar, which is still today at the Leipzig Old Town Hall:
"Quidquid agis, prudente agas, et respice finem"
(what you always do you, do it as and think of the consequences),

To Us to convince now that it is not so bad to come, so we venture a look into the crystal ball. What is the legal advice in 2015?


The fog in the ball rises:

In 2015, the legal advice is revolutionizing the hairdressers advise focusing on family law, legal hostess accompanies the client in the daily operations and for those where it should go fast's "Check and Drive" the Drive In for the legal advice .
The number of lawyers has declined dramatically. The remaining have like a lot of training in a kind of sect, found the "witnesses Justitia" in order to be eventually banned by the Commission of the free legal counsel because the lawyers to handle columns of the citizens at the front door trouble, "May we with you about the ?.! Talk Civil Code "
Oh dear This little view into a boundless future we are right - we have to worry

(The Advocate - Beloved Enemy - Enemy Mine)!
But how is it that this shift so easily process? missing us because no one? The return to the Middle Ages would be obvious when it comes to medical care would go. open completely unthinkable in the healthcare market for new services such as additional service dental treatment in the garage or cheap appendix surgery and fracture treatment in the butchery.
But why is so easy for the independent qualified Counsel waived? Does it have something to do with our steadily declining reputation in the population?
The latest study by the Allensbach institute for occupational prestige it consumes. Especially dramatic falls in the study that we depend on the reputation of the population in her still behind the teachers.

a bad reputation, lack of transparency on costs, huge distrust of the citizen against the "shyster lawyers"? Is that so? Have we missed our profession and the benefits it offers transparent to the citizens to represent?

What makes us really look for?

(quality of legal work)
Our Values are in § § 1-3 BRAO formulated
The lawyer is the appointed independent consultant and representative in all legal matters.
The Federal Bar Association highlights the main advantages of the lawyers' advice:
· independence
· secrecy
· loyalty

The attorney is a defender of independent access to justice - not think beyond a basic pillar of democracy.
These attorneys core values stands out from the lawyer clearly not of the lawyer's competition.

(On the trip with the times)
But we swim so do not even against the spirit of the times?
Our society can be quite accurate with the quote of the Roman comic poet Plautus describes: Homo homini lupus

Man is wolf to man.
Since cheated, tricked, lied gemauschelt and what it's worth. Because of the stinginess is cool, the rule breaking and the cool selfishness sporty. Admired the moneyed aristocracy, the decadent luxury - the question where does the money - profits were made at whose expense - fraud, drugs, cheating - not interested. Not a bad conscience, but because you just do what all do! Always his own advantage in mind was the motto:
"I, me, me"
"The end justifies the means"
"The Honest is the fall guy."
"honesty is the best policy, but cheating is faster."

firm principles and values seem to dissolve.

What can we do to ensure that the overall level of our ethical standard equipment ever goes down and we wake up one morning in a total wolf society?

(proposal)
this, we must concretely reflect on our values as counsel to then carry out and communicate clearly.

It's not just about the quality of legal advice to cancel out
It's not just about the adequacy of price and show performance
It goes to show also about what is missing the advice of legal service providers.

The opportunity for every citizen of this more nuanced approach, we must create.

(professional ethics and professional ethics)
The work of advocates is not a "job", not a fleeting, superficial, and the exchangeable power.
The Council in passing by the Financial Services does not require strong bonds, either between persons or to the thing itself
with genuine legal advice, the self and the professional ethics of a lawyer all that has very little in common.
For a real profession is still a whole lot more. The love of the job, which exist in the legal profession or, indeed, it is self-evident. Professional is always a little appeal, and thus a close connection to what you do. Learning a profession and its exercise has a lot to do with values experience. Especially, the profession of lawyer is a not in the lap, but you just have to learn from scratch. These include in addition to two state examination, a large knowledge and experience, unwavering commitment to quality, discipline, stability, enduring frustration, ability to self-motivation, flexibility, training will and much, much more. You can reach all this just with a healthy Portion ethics!
legal services was not sufficient.

We are brave, innovative and committed to working to connect our clients - this show and thus change the overall market environment is our task.

Who can something have a solid basis for confidence in their own strength. solve the confidence of lawyers in their own strength, pride in their own abilities, self-confidence and strength for the market positioning and the ability of the most complex problems of clients outstanding: From the perspective of the new legal service providers have a very dangerous thing.

Together we must find us and against immoral Besides consulting and business practices dependent decided to say no. Just that, ladies and gentlemen, is in the tradition of the lawyers' self-government and organizations. In the long run you are not alone, but together, in the professional community, one can achieve a lot.

too, is part of the professional ethics of lawyers.

morality and ethics are our lawyers, particularly in the face of the new RDG strategic importance. Since the ethical and moral principles are also subject to subjective classifications, and not every lawyer all the moral principles of his professional acting career with his comrades deal must now face each of us the question:
"As for me personally ethics of the lawyer?"

(final word)
is also here today of the age-old question of how to because you want from being to come, can not be answered universally applicable. It was Hans-Magnus Enzensberger, who answers the three questions Kant's famous for our present way:
· What we can know: Not exactly!
· What should we do: stay cool and somewhat decent! What we hope
· May: Not sure!
Jürgen Habermas speaks of the "new complexity". They endure, and as in it's own way in his appeal lawyer to find, remains the responsibility of each one of us.
Finally, one thing remains quite certain:
lawyers and law remain on the market!



Eva Kreienberg / speaker contest DAT 2006/3.Preis