CEO Today Europe Awards

37 www.ceotodaymagazine.com CEO Today Europe Awards 2018 germany Of Counsel in Stuttgart RA PROF. HELMUTH JORDAN ABOUT HELMUTH JORDAN Biography • Scholarship of one year in California, sponsored by the American Field Service • German Law: University of Tübingen, covering Theology, Law, Medicine and Philosophy since 1477 • International Law: University of Geneva / Switzerland • Member of the California Bar in San Francisco as Foreign Legal Consultant (German Law) Author of 2 books: • Incorporations in Nevada, Legal Advantages over Incorporations in Germany (bi-lingual, including a translation of the Domestic Corporation Laws of the State of Nevada) published in 1986 • Fehlschlag EURO, Rückkehr zu flexiblen Euro-Kursen? (Failure of EURO: Return to flexible Rates of Exchange?) published in 2010 • Author of about 3 dozen legal articles • President of the German-British Chamber of Commerce of the Federal State of Baden-Wurttemberg / Germany • Appointment as Extraordinary Professor (Economics) in Switzerland Better Protection of Lawyer’s Secrecy Every lawyer has theobligation toensure theprotection of client’s secrecy. A violation can be subject to criminal prosecution. The Law of the European Union will introduce additional protection as of mid-May 2018 - a move into the right direction. Email and Internet have become part of our daily life. Email communications in a client- lawyer relationship may destroy the case, if intercepted illegally. Chances are the lawyer may never even be aware of it. The Federal Government of Germany, being fully aware of the possibility of being hacked, created its own private email system. Attention was given to every high- tech details - never available to any lawyer. Not long ago the truth emerged to surface: there is no internet confidentiality. Due to its omnipresence and uncontestable efficiency no one dares to walk away from email communications any more. Therefore it is common that clients communicate with the lawyers by email with the tacit hope, that their case is unimportant enough not to be noticed. Lawyers are not allowed to look the other way. Therefore the majority of lawyers address the issue by disclaiming liability possibly arising out of email communications. Of course this is not a solution of the problem. If there are Practical Guidelines, easy to carry out, significant improvements are feasible: • Distinguish between “public and sensitive” documents • Continue to email public documents • Make sure that sensitive documents are communicated by regular mail, by messenger or personally A possible delay of delivery of sensitive documents is irrelevant in legal cases. The improvement of security is obvious, there are no additional relevant costs. Electronic Files of lawyers must be kept off line. Any communication received or produced by the lawyer should be transferred to an off-line lawyer’s file equipped with a lawyer’s software for research or quick reference, and secured. To send the Client any time at his request the complete update of his file on a CD before a meeting or a court hearing could be an effective and discreet way to keep the client informed. Faster litigation of Business Cases The duration of a court case is almost as important as its outcome. While US Pre-trial Discoveries are very precise, because every word is recorded, “discovery” is time consuming and expensive for all parties, it is not always necessary to approach the “absolute truth”. If a compromise in court is the preferred option because all parties strive for a speedy solution, business partners are well advised to enter a general agreement after the first successful 6 months of a Business Relationship integrating a clause on arbitration without the right to appeal. It is more than surprising that such a specific clause is not often to be found in agreements between business partners. If there is no appeal, a compromise during the first instance procedure becomes even more attractive for both parties involved. On top of that Arbitration Justices are often motivated to suggest a balanced compromise. Such an outcome may ensure a continued business relationship between the two business parties. In 9 out 10 cases a continued business relationship is of higher value than the outcome of the court hearing. Jordan & Wagner RA GmbH Alexanderstr. 8 A DE-70184 Stuttgart T: + 49 (0)711 – 255 404 - 60 | F: + 49 (0) 711 – 255 404 – 70 | E: info@jordan-ra.com | www.jordan-ra.com