Beisenbusch

Hermandung

Fachanwälte & Strafverteidiger

Fachanwaltskanzlei Beisenbusch & Hermandung

Unser neuer Standort in Essen

6. März 2019

Endlich ist es soweit und wir haben zum 01. März 2019 unseren zweiten Kanzlei-Standort in Essen-Rüttenscheid eröffnet!

Nachdem wir nunmehr knappe fünf Jahre an unserem Hauptsitz in Gelsenkirchen erfolgreich mit den Kollegen Volker Stuckmann und Malte Stuckmann in Bürogemeinschaft (mittlerweile) gegenüber dem dortigen Gelsenkirchener Justizzentrum (Bochumer Straße 81) tätig sind, haben wir uns nun für einen Zweitsitz gegenüber dem Landgericht Essen entschieden. Dieser Schritt ermöglicht es uns, für unsere Mandanten auch in Essen vor Ort und direkt gegenüber dem Landgericht vertreten zu sein.

In Essen sind wir ab sofort mit den dort seit vielen Jahren erfolgreich tätigen Kollegen Stephanie Linten und Andreas Wieser, ebenfalls in Bürogemeinschaft auf der Zweigertsraße 53 tätig. Wir freuen uns auf die Zusammenarbeit mit den beiden Kollegen und die neuen Aufgaben in Essen und beim dortigen Landgericht. Weitere Informationen finden Sie auf unserer neuen Homepage www.anwaltessen.com.

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English version
Intro
Contract law
Criminal law
Tenancy law
Travel law
Traffic law
Family law
Why us

Competent Legal Advice From The Ruhr-Area
We Offer Legal Help

Welcome to the law firm Beisenbusch & Hermandung

The law firm Beisenbusch & Hermandung is a young legal joint practice that has deliberately decided to establish itself in central hubs of the Ruhr-Area as it feels connected to the people of this region: in the heart of Gelsenkirchen facing the judicial centre and in Essen-Rüttenscheid opposite the magistrate´s and the regional superior courts.

Florian Beisenbusch is specialized in criminal law as well as road traffic law. His partner Maximilian Hermandung is a specialist solicitor for family law and inheritance law as well as travel law.

In Gelsenkirchen Florian Beisenbusch and Maximilian Hermandung share offices with the long-established law firm Stuckmann. In Essen they cooperate with the renowned law firm Linten & Wieser.

By this form of organization a comprehensive covering of and specialization in all relevant fields of law is established.

Those in need of legal advice and support should choose a law firm with suitable expertise. In case of conflicts with the landlord a specialized lawyer for tenancy law is your first choice. If you face divorce or inheritance disputes you should contact a law firm specializing in family and inheritance law. Those needing judicial advice ought to consult a local lawyer as he combines the required specialized competence and the experience with the local public authorities.

Lawyers Florian Beisenbusch and Maximilian Hermandung profit from their experience with courts and public authorities in the whole country as well as from their local contacts with magistrate´s and regional superior courts in NRW, thus offering their clients competent and problem-oriented advice.

Are you looking for a lawyer who advises you comprehensively in case of a legal problem concerning general contract law and – when indicated – pleads your case? We are at your disposal whenever questions arise concerning usual and everyday types of contracts such as

  • contracts of purchase
  • lease contracts
  • leasing contracts
  • contracts for work and labour
  • employment contracts
  • software/license contracts
  • loan contracts
  • telephone contracts
  • mobile telephony contracts
  • Internet contracts
  • Ebay auction contracts
  • insurance contracts
  • travel contracts
  • estate agent/developer contracts.

Further areas of law:

  • lease law
  • contract law
  • family and inheritance law
  • travel law
  • criminal law
  • traffic law
  • social law
  • labour law
  • asylum and aliens law

In all the above-mentioned cases we are at your disposal as far as carrying out, compilation, finishing (rescission and termination) or signing of contracts are concerned.

Simply contact us, and we will deal with your case. Should you not find your problem mentioned in this list just describe it to us and together we will try to solve it.

Are you accused of a crime in Gelsenkirchen?

In this case you are entitled to being represented by a defence lawyer at any time and every level of jurisdiction.

Lawyer Florian Beisenbusch is at your disposal as a competent specialist all over the Ruhr Valley and beyond.

As a criminal defence lawyer he is eager to represent you in all matters of criminal law.

Apart from the prosecution and proceedings in court the defence lawyer is an independent, autonomous body of judicature. It is his exclusive task to serve your interests only. In all stages of the legal process (preliminary, intermediate, main and enforcement proceedings) a lawyer of the defence can and should be by your side and represent you with judicial competence.

As a rule the aim of the defence lawyer is the dismissal of the case or acquittal. Should a guilty verdict be unavoidable the aim of the defence is to achieve as mild a sanction as possible.

Procedure and costs of legal advice in a criminal case:
You must distinguish between so-called chosen and assigned counselling.
The usual case is chosen counselling. That means the defendant himself decides whether he wants to be represented by a lawyer. Both then enter into a business management contract. In this case the client at first is liable for the right to remuneration of the lawyer. In case of acquittal, however, the client is not liable for the payment of the lawyer´s fees, but the public purse.

In case of more serious charges (in all cases of § 140 of the Code of Criminal Procedure), however, an assigned counsellor is to be installed. This applies to crimes (custodial sentence not less than one year), impending occupational ban, imminent hospitalization into a psychiatric ward by order of the court, in cases of original jurisdiction at a regional superior court, or if the client is unable to defend himself.

The lawyer´s fees are not arbitrary, but defined by the Lawyer´s Compensation Act (Rechtsanwaltsvergütungsgesetz, abbr.: RVG). A more detailed exemplification of the compensation for criminal lawyers in Gelsenkirchen can be found in the „Gebührentabelle zur Bestimmung von Rechtsanwaltskosten“. This statutory compensation is what – in case of acquittal – the public purse has to pay for.

You are a landlord, and your tenants do not pay the rent agreed upon, or your tenants refuse to leave the flat after having been given notice?

We will take care of the enforcement of your claims in extra-judicial as well as civil suit procedures.Due to our long lasting experience we will enforce your rights quickly and straightforwardly. Gladly we will advise you whenever difficulties with authorities or insurance companies arise. Just make an appointment so that your rights will be enforced as fast as possible.

You are a tenant and have received a written warning or notice, your rented property has deficits (e.g. mildew in your flat, defective central heating or permanent noise) or are there problems with neighbours?

We will defend you against unjustified written warnings or notices, claim compensation for defects and enforce them for you. We will try to find sensible solutions to problems with neighbours or settle them by arbitration.

Your well-deserved holidays did not work as planned?

Our law firm advises and represents you in and out of court in all matters connected with travel law.

In this context our line of action extends from problems with air travel or questions regarding reduction of travel fees or loss of baggage to other claims for damages.

In all the above-mentioned cases lawyer Maximilian Hermandung is your competent advisor willing to represent you in all matters of travel law.

Flight Law:

As a rule you as a passenger are entitled to almost all claims for compensation from the airline e.g. in case of cancellation of flights, refusal of transport or delay of the flight. These can be rather substantial.

In case of a delay of three hours you are entitled to a claim for compensation. Depending on the distance it might amount to a lump sum of 250, 400 or even 600 Euros per passenger.

Even if you as a client decide to cancel a ticket the airline may have to refund the fees. This may even happen if the general terms and conditions (AGBs) of the airline exclude refunding of fees in case of cancellation.

In general the airlines are liable for every kind of loss or damage of your baggage so that in such a situation you may be entitled to compensation.

If your holidays were not satisfying for one of these or other reasons you should ask us for advice as fast as possible to find out if you are entitled to claims for compensation from the airline and how you can enforce your rights, if necessary in court.

Package Holiday Law:

If you have returned from an all-inclusive tour you may be entitled to claims for a reduction of the fees provided that shortcomings occurred during your journey. Such a reduction of the fees necessarily requires that you inform the travel agency of the shortcomings and simultaneously ask for remedial measures without delay, if possible while still staying at the resort. When coming home – at the latest – you have to claim your rights within a month, because otherwise you will run the risk of losing those rights.

If you want to find out whether the deficiencies you have experienced are deficiencies in terms of the law and – if so – how high your claims for a reduction of the fees may be, the so-called Frankfurter Tabelle will help you get a first overview.

However, you should be aware that the numbers listed there are just guidelines your individual claims might differ from.

Rail Journey Law:

If your train is cancelled or late you are entitled to claims for compensation from the railway company. E.g. in case of a delay of 60 minutes you get back 25 %, a delay of more than 120 minutes you get back 50 % of the price of the ticket.

If the train you have booked will in all probability be at least 20 minutes late you have the right to take another, comparable train for which no reservation is required.

In addition, you are entitled to meals/refreshments in an appropriate relation to your time of waiting, if your train is late for more than one hour.

Everybody takes part in traffic, be it as a pedestrian, cyclist or car-driver. In Germany alone 400 000 accidents happen annually, so that traffic law is one of the classic fields of activity of law firms.

Illegal parking, speeding and disputes with insurance companies, however, also form part of traffic law.

Objections against fines require well-founded knowledge of civil, penal and administrative law.

We advise our clients in case of revocations of their driving licences as well as administrative driving licence procedures. We assist you in dealing with road traffic accidents as well as in matters pursuant to insurance law.

Should you have received a fine contact us immediately, and we will initiate the necessary procedures.

Living together in a family can confront an individual with many different kinds of problems. These may refer to the legal relationships of the family as a whole and single members internally and externally.

  • What happens when spouses part?
  • What happens when the marriage fails for good?
  • Which family member is under obligation to support the other?
  • What happens with contents, furniture and fixtures or shared real estate?

The constitutional state has to offer its citizens solutions to problems from all those different areas of life. Therefore family law is a central element of the legal order and has always been a core area of legal action.

We consider family law a core activity of our law firm and offer to advise and represent you in and out of court in all possible situations. Our field of action with respect to family law covers all legal questions concerning separation and divorce, obligation to support, right of custody, right of access and descent right.

Separation and divorce:

The core activity of every legal action in the field of family law is advertising and representing clients in case of separation and divorce.

In this central area in particular difficulties and discomfort can be avoided from the start by early legal advice that focuses on individual problems. This particularly applies to the financial burdens that can arise in connection with problems during the time of separation and the process of divorce. Only by accurately timed and well-directed legal advice can most of these burdens be avoided.

Alimony/Maintenance:

German Civil Code (BGB) distinguishes a multitude of claims to maintenance in the field of family law. The respective regulations are often not easily comprehensible. Therefore you are well-advised to ask for thorough advice concerning maintenance claims.

Without exhaustive legal information in this complicated area it can happen that legal claims are not enforced in the right amount or even not at all by the person entitled. On the other hand the party obliged to maintenance always runs the risk of paying too much or for too long a time.

Doing without well-founded legal advice may quickly result in a situation in which a belated improvement of your legal position can only be achieved by extreme measures or not at all.

Goods Acquired During Marriage:

In the case of a divorce conflicts concerning a couple´s assets add to the already existing difficulties of everyday life.

The verification if there is a claim to equalization of accrued gains, and – if that is the case – to what extent, demands a comprehensive survey of a multitude of documents. This complicated and laborious examination ought to be discussed with a lawyer as early as possible.

What are the costs of legal advice in family law?

In all proceedings in family law the lawyer´s fees are defined by the Lawyer´s Compensation Act (Rechtsanwaltsvergütungsgesetz, abbr.: RVG).

The single fees depend on the value in litigation of each individual case.
All proceedings of divorce and its after-effects as well as proceedings concerning contact or household equipment usually end in the splitting of costs, i.e. court costs are shared by the spouses, whereas each party pays for its lawyer´s fees.

Proceedings concerning goods acquired during marriage and alimony/maintenance, however, are dealt with differently: here the losing side is to bear all costs of the lawsuit, i.e. court costs and his/her as well as his/her spouse´s lawyers´ fees. Partial winning or losing results in the defining of the client´s individual share of the costs.

Inheritance Law:

Our law firm offers you advice and representation in all matters of inheritance law.

Inheritance law is an especially controversial and contentious legal matter. Conflicts extend from controversies among co-heirs about the bequest, the renouncement or even refutation of testaments, doubts concerning the ability to make a will to the legal enforcement of last wills or rights to a compulsory proportion.

What makes matters worse is the fact that the dispute affects close kins, e.g. siblings.

Inheritance law, too, is based on the principle that many, esp. legal, controversies can be avoided by thorough legal advice immediately after, preferably before the occurrence of any case of succession.

We stand by you in particular when questions come up concerning the legal clarity of last wills and testamentary contracts as well as the constructive controversy of the individual members of a joint heirship among themselves.

In this respect additional emphasis of our law firm is on the right to a compulsory portion as well as problems concerning the ability to make a will.

Most people just associate Gelsenkirchen with Schalke 04. However, our large town in the Ruhr Valley offers more, such as ZOOM Erlebniswelt., MIR (Musiktheater im Revier) and Wissenschaftspark.

Gelsenkirchen consists of five boroughs, each divided into several quarters: quarters Buer, Hassel and Scholven form the borough North; Erle, Resse and Resser Mark belong to the borough West; Gelsenkirchen Altstadt, Bismarck, Bulmke-Hüllen, Feldmark, Hessler, Schalke and Schalke-Nord form the borough Middle; whereas the borough South consists of Neustadt, Ückendorf and Rotthausen.

Due to this diversity we have decided to establish our law firm in the heart of Gelsenkirchen: when confronted with sorrows and problems most people are not interested in culture and recreation. Those in need of legal advice should consult a lawyer – preferably a local one. A local lawyer from Gelsenkirchen has got the necessary competence and at the same time knows how to deal with the local authorities.

Our lawyers Florian Beisenbusch and Maximilian Hermandung stand exactly for this. They permanently are in contact with the Local Labour Court (Arbeitsgericht), the Administrative Court (Verwaltungsgericht) and the Magistrate´s Court (Amtsgericht) in Gelsenkirchen and Gelsenkirchen-Buer. Moreover they have experience with courts and authorities all over Germany.

People looking for a lawyer who supports them in legal matters will quickly find one in Gelsenkirchen. Depending on your problem your choice ought to be a law firm with corresponding specialization: When there is a problem with your landlord your first choice is a lawyer specialized in tenancy law and property law. When confronted with divorce or quarrels resulting from probate disputes you should consult a law firm specialized in family and inheritance law. These are just a few examples, as in Gelsenkirchen you will find quite a number of reliable lawyers with different fields of experience.

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