FAQ – Frequently Asked Questions
Dr. HEINKE legally represents and advises clients in Austria, Europe, USA and Canada. The practice areas of his office are national and international family law, civil litigation, law of succession, business law, insurance law, real estate and construction law, administrative law and professional ethic law. Legal expertise and claim management are also part of his services to solve the problems for his clients.
To cut a long story short: As soon as possible. My experience for more than 30 years shows that to help quickly is not only to help double, but even easier and therefore faster and cheaper.
In civil proceedings of the first instance (District Court = “Bezirksgericht”) for claims for more than EUR 5.000,– and in all proceedings or appeals in front of the Provincial Court (“Landesgericht”), Higher Regional Court (“Oberlandesgericht”), the Supreme Court (“Oberster Gerichtshof”), the Administrative Court (“Verwaltungsgerichtshof”) and the Constitutional Court (“Verfassungsgerichtshof”) you need a lawyer obligatory.
Dr. Heinke legally represents his clients in front of all courts in Austria and out-of-court worldwide. Through his network, he can also render you the service of legal representation in court also outside of Austria powered by his competent and excellent cooperation partners.
The winner takes it all: In a civil proceeding in Austria, the loosing party has to pay the lawyer’s fees of the adverse party pro rata of the success based on the Austrian Laywer’s Pay Act (“Rechtsanwaltstarifgesetz”).
In a civil proceeding in Austria the loosing party has to pay all fees for the court, the expert and the lawyer [the lawyer’s fees are based on the Austrian Laywer’s Pay Act (“Rechtsanwaltstarifgesetz”)] and all necessary expenses to the adverse party pro rata of the success as well as the own lawyer’s fees (those based on your fee arrangement). This is your litigation risk. This risk could (and should) be covered (mostly) by a legal expenses insurance.
Because the adverse party can ask you to present to the court the Power of Attorney (POA) given to Dr. Heinke.
The text of the Power of Attorney (POA) follows the official recommendation of the Austrian Bar (ÖRAK). This ensures that Dr. HEINKE can fully represent you legally and minimizes the risk of a lack of authorization. It also includes the Fee Arrangement and all information on the deposit protection and the General Data Protection Regulation (GDPR).
As much as you like and as much as it is useful for your case. Even when having a non-restricted POA, your concrete order limits Dr. HEINKE: In theory, the POA entitles him to do more than he would do. As any other lawyer, but especially as a member of the board of the Viennese Bar, responsible for the professional surveillance, Dr. Heinke strictly obeys your order and uses the POA only in this regard.
Please provide all necessary documents, name and address of all witnesses and a list of all other evidences you might have. If you have a legal expense insurance, please take along also a copy of the contract.
Is there anything else you would like to know? Please contact us.