Mandate management
Definition and classification
Mandate management refers to the comprehensive support and coordination of a mandate, i.e., an assignment that a law firm receives from a client. It encompasses all activities necessary to efficiently, responsibly, and purposefully represent the interests of the client within the scope of the given assignment. Mandate management includes both the legal handling and the organizational control of all steps required for the successful processing of a case.
Significance and typical areas of application in daily law firm work
Mandate management is a central element of everyday law firm work and affects almost all areas of activity associated with advising and representing clients. Its significance lies in ensuring professionally correct and timely handling of matters, while simultaneously guaranteeing quality and care in the client relationship.
Typical areas of application include:
- Consultation sessions and clarification of instructions
- Development and implementation of solution strategies
- Correspondence with clients, authorities, companies, or courts
- Preparation and support of negotiations or appointments
- Deadline management and documentation
- Completion and follow-up of a mandate
Processes, procedures, and methods of mandate management
Mandate management follows a structured process that can be divided into several phases:
Acceptance of the mandate and clarification of the assignment
Mandate acceptance marks the beginning. In this phase, the client’s expectations are identified, the scope and objectives of the assignment are defined, and necessary information is collected. Checking for possible conflicts of interest is also part of this step.
Careful factual investigation
The precise identification and documentation of the relevant facts forms the basis for all subsequent steps. This takes place in consultation with the client as well as through review of documents or further research.
Development of a strategy
Based on the established facts, possible solution approaches are evaluated and a course of action is developed. This strategy is worked out in close coordination with the client and tailored to their objectives.
Implementation and communication
The defined strategy is put into practice. This includes ongoing correspondence, drafting of necessary documents, submission of written submissions, and communication with the client about the current status. Transparent and regular updates are essential in this context.
Deadline control and organization
Effective deadline management is a key part of every mandate management process to ensure that no important dates are missed. Managing appointments and deadlines is usually digital and indispensable for daily operations.
Completion and follow-up
After the mandate ends, it is part of mandate management’s tasks to summarize the results, provide a final report to the client, and archive documents in an orderly manner.
Framework conditions and standards
Organizational requirements
Each law firm lays down internal procedures and standards for mandate management. These include, for example, documentation duties, compliance with statutory requirements, and internal approval processes. Observing confidentiality and data protection rules is of particular relevance.
Technical tools
In modern law firm practice, digital tools are increasingly used to support mandate management. These include:
- Mandate management software for digital file management
- Calendar and deadline management programs
- Document management systems
- Communication platforms for internal and external coordination
These systems help to increase efficiency, avoid errors, and ensure transparency in the work process.
Usual procedures
Standard practice includes regular team meetings, systematic planning of deadlines and tasks, and structured archiving of documents. Flexible work models and mobile working are also increasingly integrated into daily business.
Practical application: Mandate management in everyday life
For staff members, especially newcomers to the profession, mandate management means independently or supportively processing assigned mandates under the guidance of experienced colleagues. In daily practice, it is important to keep an overview of multiple mandates, prioritize tasks, and ensure transparent information exchange. Regular alignment with the client is common in order to achieve their goals in the best possible way.
Staff members are often provided with clearly structured checklists and guides that lead them through the individual phases of mandate management. Consultations, feedback discussions, and regular training sessions are part of the onboarding process and help build confidence in mandate work.
Opportunities and challenges
Mandate management offers numerous development opportunities as it encourages independent work and organizational skills. Close alignment within the team strengthens cooperation skills. Challenges include managing multiple mandates at once, complex matters, a high degree of personal responsibility, and dealing with deadlines.
Professional mandate management can contribute to high client satisfaction and create a positive work environment. At the same time, daily mandate management requires resilience, diligence, and a willingness to continually adapt to new requirements.
Frequently asked questions
What is meant by mandate management? Mandate management refers to all activities relating to the handling of a mandate, from acceptance to completion. The goal is the systematic and responsible representation of the client’s interests.What tasks are included in mandate management? Tasks include collecting and preparing the facts, developing a strategy, ongoing communication with the client, managing deadlines and files, and final documentation.How is mandate management organized at the law firm? Mandate management is carried out according to defined structures and guidelines. Digital tools support deadline control, file management, and communication. Regular team coordination is standard.What should I bring as a career starter? Important qualities are organizational talent, diligence, strong communication skills, and the ability to work in a structured manner even under time pressure. An openness to learning new working methods is helpful.What challenges can arise in mandate management? Challenges include time pressure, complex issues, or working on several mandates simultaneously. A structured approach and internal team support help to deal with these.What role do digital tools play in daily work? Digital tools are essential for managing files, deadlines, and communication efficiently and error-free. They are an integral part of modern law firm practice.
With this overview, career starters gain a practical introduction to mandate management and its importance in law firm practice.
Frequently asked questions
What duties does a Rechtsanwalt have in the context of mandate management?
In the context of mandate management, the Rechtsanwalt is subject to various statutory and contractual obligations. The central duty is the diligent and conscientious handling of the mandate in the client’s best interest pursuant to § 43a (3) BRAO. In particular, this includes comprehensive clarification and advice on existing risks and the prospects of success in legal disputes or out-of-court matters. Furthermore, the lawyer is obliged to maintain confidentiality regarding all information entrusted to or obtained by them during the mandate (§ 43a (2) BRAO, § 203 StGB). The duty of independence and the prohibition on representing conflicting interests (§ 43a (4) BRAO, § 356 StGB) serve the integrity of the profession and the protection of the client. Additionally, the lawyer must regularly inform the client about the status and significant developments of the mandate (§ 11 BORA). A breach of these duties can result in professional, civil, and criminal consequences for the lawyer.
What is meant by the duty of confidentiality in the context of mandate management?
The duty of confidentiality is one of the most important professional obligations of the lawyer and continues even after the mandate relationship has ended. It covers all confidential information acquired in connection with mandate management, regardless of whether it comes directly from the client, from third parties, or from documents. The purpose is to ensure the trust relationship between client and lawyer and to enable independent exercise of the mandate. Exceptions are permitted only in cases expressly regulated by law, such as if the client releases the lawyer from this duty or there is a statutory disclosure obligation (§ 138 ZPO) or in case of imminent danger. Breaching the duty of confidentiality may result not only in liability for damages but is also a criminal offense under § 203 StGB.
How can a mandate be terminated and which obligations continue to apply afterward?
A mandate relationship can be terminated in various ways, especially through fulfillment of the assignment, mutual termination agreement, complete withdrawal from the mandate by the lawyer, or termination by the client. According to § 627 BGB, the lawyer has the right to terminate at any time, unless otherwise agreed. However, with the end of the mandate, not all obligations of the Rechtsanwalt automatically cease. The duty of confidentiality continues indefinitely. Furthermore, the lawyer is obliged to immediately return all documents, files, and funds subject to surrender to the client (§ 50 BRAO, § 667 BGB). The client may also request the return of a client file (§ 50 BRAO), while the lawyer is entitled to retain copies for his or her records.
Who bears the costs of mandate management and what types of fees exist?
The remuneration of the Rechtsanwalt is generally governed by the Lawyers’ Remuneration Act (RVG), unless a separate fee agreement has been made. The RVG distinguishes between statutory fees (e.g., transaction fee, procedure fee, appointment fee) and specific fee agreements such as hourly or flat rate fees (§ 3a et seq. RVG). The costs of the mandate are fundamentally borne by the client, regardless of the outcome, unless cost reimbursement by the opponent is provided in court or legal expenses insurance covers the costs. Certain types of mandates, such as legal aid or litigation cost assistance, may be partially or fully covered by the state if requirements are met. The lawyer is obliged to inform the client about the anticipated costs (§ 49b BRAO).
What role does a conflict of interest play in mandate management?
The prohibition against representing conflicting interests (§ 43a (4) BRAO; § 356 StGB) is an essential professional duty. The lawyer may not accept or continue a mandate if conflicting interests have already been represented or if such a conflict is even possible. The obligation to check for conflicts of interest exists before and during the entire mandate relationship. A conflict of interest arises, for example, if a lawyer represents two clients in the same matter with opposing goals. Even a serious appearance of conflict requires the mandate to be declined. Violations result in mandatory professional penalties and can also have criminal (breach of trust) and civil (liability to the client) consequences.
What measures must the lawyer take in case of errors in mandate management?
If errors occur committed by the lawyer during the mandate management, the lawyer is obliged to inform the client without delay about the misconduct. The lawyer must inform the client of any possible consequences of the error and options for limiting damages. In addition, the lawyer must protect his or her own interests, especially regarding liability issues. It must be examined whether voluntary notification of the professional liability insurance (§ 51 BRAO) is necessary. The lawyer is also obliged to actively minimize the client’s damages (duty to mitigate loss). Failure to provide timely information can be considered another breach of duty of care and lead to liability for damages.
What must be observed regarding the duty of documentation in mandate management?
The lawyer is obliged to keep a so-called client file for each mandate (§ 50 BRAO). This documentation must contain all essential documents, notes, correspondence, and records of discussions that are relevant to the processing and traceability of the mandate. The client file must be retained for at least six years after completion of the mandate, beginning at the end of the calendar year in which the mandate ended. Proper record-keeping serves both internal review and external verification in the event of disputes or liability issues. When digitizing the client file, data protection regulations (GDPR, § 43e BRAO) apply. Breaches of this obligation may lead to sanctions, for example in the context of professional supervision or official liability.