Litigation for Plaintiffs and Applicants

• What claims am I entitled to if my doctor has committed malpractice or has not informed me properly?
• After renovating my house, numerous building defects were discovered - it smells of botched work.
• What should I do if I have had a traffic accident? Who pays for the repairs to my car? How much compensation for pain and suffering am I entitled to?

Litigation for Defendants

• I am a doctor. A former patient claims that I have committed malpractice. How do I efficiently defend myself against a potential medical malpractice claim?
• I have been served with an order for payment. How do I make my voice heard and defend myself effectively?
• My tenant is demanding high repayments from me because I am allegedly charging too much rent. How do proceedings before the arbitration board work? What are the consequences of a rent review?

Reasons for Schmelz lawfirm

• Due to our previous professional experience in one of the largest Austrian law firms, we are experienced in dealing with complex cases and high amounts in dispute, for example in the settlement of major claims.
• We work together with all well-known legal expenses insurance companies in Austria and are happy to clarify the issue of legal costs , such as court fees and lawyers' fees, directly with your insurance company.
• Our partner Dorian Schmelz is co-author of the legal reference work "templates for civil proceedings". You can rely on our expertise in litigation law.

How do we quickly reach the endpoint?

Concept Development and Contract Drafting

• I am just starting my own business. Who can draw up general terms and conditions for me and check whether my website is legally compliant?
• I am about to buy a condominium. Who will draw up the purchase contract for me? Who will pay taxes and fees for me?
• I would like to give my house to my children, but reserve the right to live in the house until my death. Who will draw up the deed of gift for me? Do I have to pay gift tax or make a gift declaration?

Representation in contract disputes

• I bought a house. Massive building defects came to light during renovation work. Can I hold the seller or the construction company harmless, even if the warranty was largely excluded in the purchase contract?
• Do I have to pay extra costs that were hidden in the general terms and conditions when the contract was concluded?
• The cost estimate I was given was far exceeded. Do I still have to pay?

Reasons for Schmelz lawfirm

• A solid contract can help to avoid conflicts. In most cases, even a short agreement is sufficient to prevent a time-consuming, nerve-wracking and costly dispute. Invest in your future now.
• Sometimes, despite everything, disputes arise from a contractual relationship. In such a case, we will jointly interpret the relevant contract and enforce your contractual claims.
• Our partner Dorian Schmelz is co-author of the legal sample book "Templates for the notary's office", which contains over 260 contract templates.

What are the main points?

For Entrepreneurs and Managing Directors

• Who can help me set up my company - quickly, efficiently and inexpensively?
• As a managing director, I am given instructions that could have considerable disadvantages. Do I still have to follow these instructions or am I at risk of directors' liability?
• What is the best way to defend myself in a shareholder dispute?

For founders of associations and societies, board members and auditors

• What is the best way to formulate my association's articles of association?
• What tax advantages does an association bring? How do I design my association so that it is recognized as a non-profit or charitable organization?
• Can I be personally liable as a member of the association's board?

For Entrepreneurs and Commercial Agents

• I have a great business idea. Which legal form is best suited to implementing my ideas?
• How do I have to design my website so that it is legally compliant and there is no risk of administrative penalties?
• I worked in sales for a company and acquired a lot of customers. What about my compensation claim as a commercial agent?

For Tradesmen

• In my spare time, I occasionally program websites for friends. Do I already need a trade license for this?
• Do I need a certificate of competence under the Trade, Commerce and Industry Regulation Act to carry out my intended trade?
• What are the requirements for being appointed managing director of a company under trade law?

Reasons for Schmelz lawfirm

•  Thanks to our many years of experience in a large Viennese commercial law firm, we have extensive expertise in advising companies of all sizes: We are just as familiar with the problems of young entrepreneurs and start-ups as we are with those of established entrepreneurs, with those of EPUs and SMEs as well as those of large corporations.
• Together with our network partners, we offer entrepreneurs one-stop-shop solutions: You deliver your problem to us, we deliver a complete solution package.
• Our partner Dorian Schmelz passes on his know-how and practical experience as co-author of the specialist book "partnerships in case studiespartnerships in case studies" and the knowledge platform "corporate law online".

The keypoint is sound consultancy.

For Victims

• I was the victim of a sexual offense. Do I have to face my abuser again in court?
• What are the advantages of a private party connection?
• I am being stalked. What is the best way to defend myself?

For Suspects, Accused and Defendants

• Due to carelessness, I caused a traffic accident with personal injury. I have now been informed that criminal proceedings have been initiated against me. How do I get out of this?
• I have been summoned by the police for questioning. Who will accompany me to this hearing?
• What consequences will a conviction have for my job?

Reasons for Schmelz lawfirm

• Becoming a victim of a crime can be traumatizing. We support you in these difficult times and exercise your rights as a victim representative.
• We advise people who are suspected of having committed a crime. Anyone who thinks that only serious criminals come into contact with criminal law is mistaken. It is often small things that can have serious consequences: Unfounded criminal complaints among quarrelling neighbors, a student caught smoking a joint, less than intelligent tests of courage among teenagers - and the public prosecutor comes knocking.
• The line between creative legal design and abuse of the law is sometimes blurred. Entrepreneurs who want to be on the safe side when designing complex constructs have come to the right place: we provide companies with comprehensive support and economic understanding.

Together we work through your indictmentpoints.

For Creators

• Parts of my painstakingly created website are reproduced 1:1 on another website. How should I react to this?
• My book is to be printed. Is the publishing contract presented to me legally correct?
• I would like to grant another person the right to use my work or a license to use my work. What do I need to bear in mind?

For Media Companies and Journalists

• As a journalist, I have received explosive documents. Am I allowed to publish them?
• We are writing about a criminal case. Can we publish the name of the victim?
• Do I have to disclose my informants to the authorities?

For Individuals who are reported about by the media

• Untruths are being spread about me on social media platforms such as Facebook, Instagram or TikTok. How can I stop this?
• Details of my private life are being revealed in the media. What claims do I have against the media?
• I have suffered enormous damage as a result of negative reporting. How can this be made good?

Reasons for Schmelz lawfirm

• Creators of photographs, texts, videos and similar works are usually remarkably creative minds - but not lawyers. We advise you so that your creative work is protected in the best possible way. In the event of a conflict, we enforce claims for injunctive relief, damages and reasonable compensation.
• The line between the right to freedom of expression and the right to respect for privacy is blurred. We advise media companies, journalists and individuals who are in the spotlight of media coverage by defending or enforcing media law and copyright claims on your behalf.
• Negative or untrue reporting can sooner or later cause massive damage and permanently tarnish the reputation of an individual or company. We work with you to develop a defense strategy under the heading of personality protection: fast and uncomplicated. Especially in the case of negative or untrue reporting (keyword "shitstorm"), rapid help is needed to ward off damage that can hardly be repaired.

You and your work are our centerpoint.

Mediation: Alternative dispute resolution under the mediation of a neutral person

Especially when parties have to get along in the future - such as former spouses with children together or entrepreneurs in a business relationship - maintaining a relationship of trust is a valuable asset that can be destroyed by dirty court proceedings. Dispute resolution through mediation is often more advantageous in such cases.

The aim of mediation is to resolve a conflict by concluding a binding, forward-looking agreement between the participants. In contrast to court proceedings, the focus is not on the question of whether the parties are at fault. Instead, the aim is to resolve a conflict in an unbureaucratic, flexible and confidential manner. This is facilitated by a mediator who assumes a neutral, mediating role and supports the parties on their way to a joint solution.

Professional negotiator: The cool head in heated situations

When you think of negotiations in German-speaking countries, you immediately think of walking through an oriental bazaar. Yet negotiations are everyday processes: Mostly of modest importance, sometimes of very great significance - for example, if you want to buy or sell a property or a company or settle a muddled court case at the green table.

While it is common in the Anglo-American world to be advised and coached or even represented by professional negotiators in such important negotiation situations, this is still the exception in German-speaking countries. The involvement of an external negotiator has many advantages: they are trained in rhetoric and negotiation psychology and act primarily rationally rather than emotionally. While a mediator is neutral, a professional negotiator is partisan: he is not only literally behind you, but figuratively in front of you in order to maximize your personal success. In this respect, mediation and negotiation offer overlaps and similarities, but differ significantly in some respects.

Reasons for Schmelz lawfirm

• Mediation offers the opportunity to avoid long and nerve-wracking court proceedings that leave scorched earth behind and instead create win-win situations. Our partner Eva Schmelz is a trained mediator and has many years of experience in the alternative resolution of conflicts, particularly in intra-family and relationship settings. She will be happy to support you if you need a neutral mediator to reconcile conflicting interests.
• Would you like to tap into the knowledge of top American and British universities in order to prepare for an important negotiation in a structured way and receive coaching for it - or would you like to bring in an experienced, clear-thinking negotiator? Then our partner Dorian Schmelz can help you.

Let’s find connection points.