December 2021
Photo: Michael Agel
Wörner Schäfer Rückert

Anne Uebach

Why those who have the right are not always right and why case law is sometimes so complicated. 3 questions for lawyer and notary Anne Uebach.

W3+: Do you see a difference between being in the right and dispensing justice? How much room is there for interpretation in administrating justice?

Anne Uebach: Being in the right and dispensing justice sometimes depend on subjective assessments. Facts and circumstances are assessed on the basis of the laws. However, in court, the circumstances of an individual case may lead to different results. The facts that are submitted because one party subjectively deems them important may make the difference.

W3+: Sometimes, common sense gets exasperated with juridical texts. What do you do about that?

Anne Uebach: Documents or texts with legal content often contain wording which is much too complicated or are written in long or multi-clause sentences. I can absolutely understand that one gets exasperated with that. That’s why I attempt to use plain language in my writing and speaking. Often, there is a noticeably aha effect during the conversation with clients : “Oh, that’s what it means!”

W3+: Are there any legal frameworks which are notoriously underestimated by clients with regard to their impact?

Anne Uebach: Yes, there are. In family law, it is often wrongly assumed that one spouse is inevitably liable for the other, for example that they can be held liable for compensating each others debts. In inheritance law, the importance of a (notarial) will is frequently underestimated. Without a will, the rules of intestate succession apply. This can result in heirs getting a chance who would not have been considered otherwise or even in the formation of a community of heirs which might have been prevented with some anticipatory consideration.

Anne Uebach

Lawyer and notary, specialized lawyer for family law, specialized lawyer for criminal law
Wörner – Schäfer – Rückert (WSR)