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Not all questions of professional law deserve to be decided by the highest courts, especially when they actually arise directly from the law. A German lawyer refused to testify as a witness in a case involving a former client because he referred to his attorney-client privilege. However, the current…


As the Potenza Regional Court ruled in a judgment of 23 December 2020 (716/2020), a lawyer must compensate his counterpart in civil proceedings for the (non-material) damage suffered by the counterpart as a result of insulting statements. In the present case, the defendant's representative had…


According to a statistical survey by the Association of Pension Funds for the Liberal Professions (ADEPP), Italian female lawyers in the age group where lawyers earn the most (between 40 and 50) earn 45% less than their male colleagues. Among the very young (under 30), the difference is reduced to…


In Italy, until now, an accused person who was then charged and eventually acquitted did not have the possibility to be reimbursed by the state for the costs of defence. A wrongfully prosecuted person suffers considerable material damage in addition to the psychological stress and damage to his or…


As of 15 October 2021, a green pass ( certificate that the worker is vaccinated or recovered) will be required for access to the workplace: a worker without a green pass will be considered absent without pay, but may not be dismissed for this reason (Legislative Decree No. 127 of 21 September 2021).

The pandemic also promotes contact with clients who instruct lawyers only by e-mail. If these are consumers, the lawyer - in Italy and in Germany - runs a considerable risk of being stuck with his costs.

A German university student commissioned a Cologne law firm to advise him on how to proceed…


According to the decision of the Italian Court of Cassation of 16 September 2021, an insolvency debtor may become a managing director of a limited liability company (società a responsabilità limitata), as opposed to public limited companies (società per azioni), to which the prohibition still…

As of 1.07.2022, the new rules on service between Member States will enter into force, while EC Regulation No.1393/2007 will be repealed. The aim is to ensure greater efficiency and speed in service by using a special secure and reliable decentralised computer system between the authorities of the…


The new EU Regulation No. 2020/1783 of 25.11.2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters now opens up the possibility for the requesting court to either a) have the requested court conduct the taking of evidence or b) conduct…

The Court of Cassation has ruled that a tacit agreement by which a child who has reached the age of majority allows the parent liable for maintenance to transfer the monthly maintenance payment directly to his or her account, contrary to a court decision in the context of marital separation or…

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Mandantenbrief 51

At the last minute, we are able to report that the major Italian civil procedure reform was passed by the Chamber of Deputies on 25 November 2021. In part, the German civil procedure was the inspiration (see below, News from Italy). In part, there are many innovative approaches that are intended to relieve the judiciary and could also be a model for Germany, such as mandatory out-of-court mediation in many areas of law. The primary goal is to significantly reduce the duration of litigation. In Italy, a civil case took 7.3 years (2656 days) in 2018; the ministry hopes for a reduction of about 40%; it would then still be 1593 days for a civil case.

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Newsletter 50

Difficult, difficult! When the First Client Letter appeared, the world seemed healthier and the judiciary more peaceful. Today, the world is heated and the judiciary is bursting at the seams: both in Germany (Federal Constitutional Court) and in the Netherlands (Hague District Court), the executive is being ordered to act. Not a very good sign when we lawyers (!) have to save the world. But whatever happens, we are ready...

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Newsletter 49

The ambitious goal of this issue was to not even mention Corona or Covid19 . We didn't quite make it, as some areas of law - such as insurance law or family law - are currently dominated by C19 . The pandemic will soon be overcome, what is questionable are the late effects. We fear a world in which everything takes place on the couch. The Amazon boom will possibly further lead to the desolation of cities.... But we are optimistic. At the end of the pandemic, all the people will come out onto the streets, populate the cities, and shop for real again instead of online. That's the way it should be!

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Newsletter 48

Frederick the Great would have liked legal Tech (see Information for Colleagues, p.6). He was suspicious of any judicial discretionary decision. In his code of laws with over 29,000 paragraphs, everything was to be conclusively regulated and derived directly from the law. With such a database, every case would have to be solved automatically. Covid 19, for example, shows that something completely new can arise that could not be regulated beforehand. It is not the pandemic itself that is new, but the positive reaction of the state. In the past, as recently as the last 1950s with Asian flu, people just died, most of them at home. So let's be glad to live in our age and creatively tackle the legal problems that arise with genuine common sense (human tech)!

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Newsletter 47

This year there was 70 years of the Basic Law to celebrate. Article 1 reads, "Human dignity is inviolable." This provision is very topical in the age of the Internet, both in Italy and in Germany. A regional court in Berlin has ruled that it is a sign of freedom of expression for a deserving politician to be subjected to the very worst insults imaginable for a woman. At the same time, the former Italian interior minister is anything but restrained in his choice of words when he seeks adjectives for the current members of the government. In the movies of the fifties of the last century, children's ears were covered during such cannonades. A certain nostalgia is spreading among the editorial team members of the client letter, who are no longer dewy-eyed.

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