Firm Description

1. About the firm
2. Cooperation
3. Our individual approach
4. Hot line
5. Commercial law
6. Areas of specialist expertise
7. Contract systems
8. Support during negotiations
9. Representation in litigation
10. Notaries' Documents
11. Fee basis
12. Confidentiality
13. Formation, acquisition and structuring of companies
14. Companies, shareholders and managers
15. Real estate
16. Banks
17. Insurance companies
18. Financial services
19. High-tech und computer firms
20. Pharmaceutical industry, medical equipment and medical practice
21. Manufacturing companies
22. Distribution systems and franchise

Back to home page

1. ABOUT THE FIRM

Kanzlei Erich W. Schwaiger & Kollegen is a law office mainly active in the field of commercial law in Germany. We specialize in legal problems that arise in the wake of new products and in growth sectors. Our firm's philosophy is to provide a service that is tailor-made to suit the needs of each individual client. This means that we

2. COOPERATION

We attach particular importance to confidential cooperation with other colleagues and consultants, particularly tax advisers and chartered accountants, but also banks.

When selecting lawyers in other venues to act for us as correspondence lawyers, we look for colleagues who we know we can rely upon - on the basis of their experience and expertise - to look after our clients' interests in a conscientious and professional manner.

Correspondence with colleagues and consultants is ordinarily dealt with by us; only questions which must be decided by the clients themselves are referred to them.

3. OUR INDIVIDUAL APPROACH

Nowadays, litigation and conflict strategies form only part of a lawyer's work. Frequently, the initial task is to assess the situation, i.e. find out what is legally applicable, and adjust our client's actions accordingly. Four main factors are decisive here:

4. HOT LINE

We are frequently expected to give a very rapid initial analysis of a situation.

We therefore guarantee our clients an immediate reaction from one of the lawyers available in the office, if required, on the same day that we are confronted with their problems.

If necessary, we also guarantee to arrange an appointment on the same day or over the weekends.

In our view, our joint success is based on

5. COMMERCIAL LAW

Commercial law, the field in which we mainly practise, is concerned with the legal problems with which an entrepreneur and an enterprise are confronted with when they seek to achieve certain economic objectives.

The entrepreneur's perspective evolves at the numorous and varied cross-links between entrepreneurial activity and the sphere of private property. Work in this area often concentrates on issues of company law or the law of succession, and sometimes on related disputes with third parties.

We also cover tax matters on principle in all our activities in close cooperation with chartered accountants and tax advisers.

In the area of commercial law, not only German laws are decisive; we must always also incorporate aspects of European Community law, since many EU specification standards have a direct effect on the legal position in Germany.

6. AREAS OF SPEZIAL EXPERTISE

It is necessary to have a detailed knowledge of the general environment in which the client is active.

For this reason, we have concentrated from the outset on certain sectors of economy in which we systematically gather such knowledge. These areas are:

In this areas in particular, we are familiar with the technical terminology of the engineers and planners, as well as that of the banking and marketing managers.

A further area in which we have developed particular expertise, is providing legal advice on the formation, the acquisition and the structuring of enterprises.

7. CONTRACT SYSTEMS

In the law of contract, the parties to a contract themselves lay down the rules according to which future conflicts are to be resolved.

Many companies do not realize the necessity of systematic procedure when tackling this task. Unconnected, sometimes even contradictory contracts often exist side by side which, taken together, do not form a cohesive whole.

We can compensate such shortcomings by

8. SUPPORT DURING NEGOTIATIONS

It is common practice for clients not to ask lawyers for advice until after the commercial/technical result has been worked out. Not infrequently, these results have to be reconsiderd if the subsequent leagal opinion shows that certain risks can be overcome only if the original planning is changed.

We try to take a different course and prefer to be invited by our clients to participate in planning procedures at an early stage, so as to ensure that legal aspects are taken into consideration from the outset, parallel to project management.

It is important for us to be able to help our clients to find an appropriate offer, come to a reasonable agreement and then implement this agreement decisively.

In many cases, we are able to give our clients back-up support discreetly, without becoming directly involved in the negotiations themselves.

Experience shows that in some situations it is better for our clients to negotiate themselves - on condition that they have been briefed on the legally critical points beforehand.

Unlike in the USA, for example, this type of procedure is often successful in Europe.

9. REPRESENTATION IN LITIGATION

If negotiations fail despite such efforts, we are in an even stronger position energetically to enforce our clients' position in litigation.

We conduct litigation throughout Germany - if necessary with the help of colleagues acting as correspondent lawyers. Not infrequently, we attend court hearings together with these colleagues, so that our knowledge of our client's strategic objectives can be put to use in the respective case.

We also represent our clients in arbitration proceedings or serve as arbitrators.

10. NOTARIES' DOCUMENTS

Notaries involved in working on a document are allowed only to supervise its formal correctness; they are prohibited to go beyond the formal instruction required by law and to give any information on the advantages or disadvantages of particular agreements to the parties. They are committed to remain absolutely neutral.

Clients who are unaware of this are therefore taking a big risk if they do not have draft contracts drawn up by notaries examined by their lawyers to ensure that their interests are being sufficiently safeguarded.

11. FEE BASIS

As a rule, we settle fees with our clients on the basis of a time-related or problem-related form of remuneration in accordance with the standards set by law offices practising in the field of commercial law in Germany.

Within our special fields we are frequently in a position to submit package proposals in which fees depend on the value of the issue involved. We attach great importance to discussing all relevant issues concerning fees with our clients as early as possible, in order to keep costs in line with our client's economic interests, while sufficiently taking our know-how and liability risks into account.

12. CONFIDENTIALITY

Legal provisions and professional ethics commit us to absolute confidentiality. Furthermore, we have taken steps to ensure that unauthorized persons cannot gain access to the texts and data that are generated in the course of our work.

All of our support staff are, like the lawyers, committed to the strictest discretion by law and contract.

13. FORMATION, ACQUISITION AND STRUCTURING OF COMPANIES

There is more to this field than drafting the necessary contracts for M & A, MBO and other corporate contracts. What is more important is the coordination of the various legal aspects of a case, since they tend to conflict with each other in many cases.

The structuring of companies produces consequences in most issues of the law of succession.

We also offer foreign clients a start-up service for branches and subsidiaries in Germany.

14. COMPANIES, SHAREHOLDERS AND MANAGERS

Many clients expect from us comprehensive advice on forming, restructuring, expanding and winding up your company. We take over the work of drawing up all the appropriate contracts, including partnership, manager and employment contracts on the one hand, and contracts with customers and suppliers on the other.

15. REAL ESTATE

Our clients include landowners, property developers, architects and brokers.

They expect from us competent, business-oriented support in all forms of real estate transactions. Our range includes real estate, properties ready for development and questions of warranty after construction has been completed.

15.1 Land and property developement, construction

Within this broad area, we take over the general planning for the development of local real estate, i.e. the preparation of municipal development and zoning plans, often in cooperation with property developing companies.

In building permit/planning permission proceedings, particular attention must be paid to environmental problems, such as the pollution of sites by previous owners and aspects of air-pollution control, expecially in cases of business relocation or the expansion of existing commercial premises. Here we work in close cooperation with selected experts and consultants.

During the construction phase, we draw up the contracts with the other parties involved and support you in your selection of contractual partners. After the completion of construction, we assert warranty claims and protect you from claims made by third parties.

15.2 Real estate brokering

Our task is to assert the claims of brokering firms for commission.

16. BANKS

Our main work for banks is representing them in court. We assert the banks' claims in the case of defaulting loans and support them by providing advice on legally complex liability cases and guarantees.

As in other areas, our clients engage us for problematic debt collection in order to be better able to concentrate on their primary areas of business.

17. INSURANCE COMPANIES

We represent "well-known" German insurance companies in litigation against policyholders, and conduct recourse actions for our clients.

18. FINANCIAL SERVICES

The rapid expansion of services in the field of captial management, fund management, insurance brokering and comparable activities implies that the providers of such services need on-going legal advice to minimize the risk of breaking competition law, the law on general terms and conditions, as well as special laws, such as the banking law.

19. HIGH-TECH AND COMPUTER FIRMS

We are well acquainted with the special legal questions of the computer industry.

These involve the drafting of the necessary contracts in the context of the production, purchase/sale and distribution as well as maintenance of hardware and software products.

We draw up the necessary licence agreements and tailor your General Terms and Conditions to the specific needs of your trade.

In the post-contractual field, we can support you in your defence against liability claims and claims based on defective products.

20. PHARMACEUTICAL INDUSTRY, MEDICAL EQUIPMENT AND MEDICAL PRACTICE

The registration of new drugs and treatments involves a large number of legal areas. On the one hand there are the negotiations with the Bundesgesundheitsministerium in Berlin, on the other the special problems of product liability and the insurance of medical risks. We can help you in the negotiations and conduct litigation.

21. MANUFACTURING COMPANIES

If you are an entrepreneur or manager of a manufacturing company, we can advise you on all operational questions and problems.

The selection, securing and expansion of production locations forms the foundation of a business. Here we can advise you on questions of build