Power of Attorney necessary for extra-judicial representation in Germany

Lawyers in Germany are obliged to document and present the authorization by their clients in written form before the opposing party. Any representation without a power of authorization is legally void (§ 180 of the German civil Code).

Clients outside Germany often hesitate to sign such a far-reaching authorization but according to German law the written original power of attorney has to presented and therefore this is common legal practice in Germany.

If the lawyer does not produce proper authorization from his client the opposing party is entitled to reject the claim on the ground of lack of specific authority conferred on the lawyer and can demand the presentation of an original Power of attorney according to § 174 of the German civil code.

Clients therefore must file with a signed authorization unless we can initiate the legal proceedings out of court. The power of attorney should be send immediately by email in a scanned copy or by fax and the original document has to be submitted via post.

We will submit this template to you for signature and immediate return to our office.