It should be noted that atleast in Germany, you can't just run up the lawyer bills. There are standard rates and you only pay "necessary costs". That means one lawyer. At standard rate. And only for what they did in the court room. That means what you pay the other side in legal costs is usually less than what you paid your lawyer. Though you pay other fees too and in total IIRC it usually amounts to about 150-200% of what you paid your lawyer after everything is said and done. If you are low income, the state can pay both lawyer fees, in fact, you can always request the state pay your lawyer, that's how we run the right to a lawyer to defend yourself (the state does not assign you one, you have to get one yourself).
This is entirely done so that the costs of a court case don't ruin someone's life forever. IIRC if you are low income, running a lengthy court proceeding won't be more expensive than a single lawyer in terms of the legal costs the court has you carry if you end up loosing. And even that depends because it's somewhat in the court to decide that, because we don't want to make people feel like they shouldn't sue for legitimate reasons.
Correct. I sued a party in Germany, won the case, got awarded 10K in legal costs (which actually was quite high, but it was a complete travesty) and another 25K in damages as well as annulment of whatever the suit was about.
Then the party I sued absconded to the US (he already had a house there and his family was already living there) and simply never returned.
The real legal bill was 50K. But at least the annulment stood and that was the main thrust of the suit.
Did you sue them as a company or as a person? Because AFAIK it is always a good idea to have lawyer insurance in Germany, however that would only work if you are a person, not a company.
As a company. Long story short, someone angled for years to have a partnership with us, finally got it and the day after the ink dried on the contract sold the rights to the source code to another company. That's not how that works...
In the US, the constitutional right to a lawyer only extends to defendants in criminal trials. Civil action, even you are sued by the government, is your responsibility regardless of income
Yeah in Germany that doesn't work. You have the right to a lawyer, even in civil action, even if you are suing, even if you are suing the government or the government is suing you. If you cannot afford a lawyer, the state pays it, you can pick your own lawyer. The argument is that if the state appoints a lawyer, the appointment is obviously not in your favor. Anyone should have the right to bring a slight or disagreement to court and anyone should have the right to get a lawyer to defend that.
This is entirely done so that the costs of a court case don't ruin someone's life forever. IIRC if you are low income, running a lengthy court proceeding won't be more expensive than a single lawyer in terms of the legal costs the court has you carry if you end up loosing. And even that depends because it's somewhat in the court to decide that, because we don't want to make people feel like they shouldn't sue for legitimate reasons.