For him, it\u2019s a point of hon\u00ador, he does\u00adn\u2019t take any crap, and some\u00adtimes he\u2019s even proud of it. Occa\u00adsion\u00adal\u00adly he gets lost, and yet he com\u00admands our respect: the fight\u00ader. <\/p>\n
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In the phe\u00adnom\u00ade\u00adnol\u00ado\u00adgy of our bid\u00adding types, the fight\u00ader must not be miss\u00ading. He does not car\u00adry weapons, his chants are not nec\u00ades\u00adsar\u00adi\u00adly loud and wild, nor does he shake clenched fists. In a state gov\u00aderned by the rule of law, he makes use of quite dif\u00adfer\u00adent means: friend\u00adly inquiries, cun\u00adning and also stalling, threats and some\u00adtimes even a lawyer. What makes us lawyers par\u00adtic\u00adu\u00adlar\u00adly hap\u00adpy \u2014 so much hon\u00adesty is nec\u00ades\u00adsary. <\/p>\n
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The fight\u00ader cer\u00adtain\u00adly also under\u00adstands the client as a part\u00adner, but as a rather dif\u00adfi\u00adcult one. As some\u00adone who does not under\u00adstand him, who does not lis\u00adten to him. Who does not let rea\u00adson pre\u00advail, who does not give the fight\u00ader what is due to the fight\u00ader. The fight\u00ader does not dis\u00adre\u00adspect the client at all, he just sim\u00adply lives in the assump\u00adtion that the client pur\u00adsues oppo\u00adsite, not only dif\u00adfer\u00adent, but often dia\u00admet\u00adri\u00adcal\u00adly opposed inter\u00adests. Just as the fight\u00ader does! <\/p>\n
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You already feel it, most\u00adly the fight\u00ader is not very empath\u00adic. It is dif\u00adfi\u00adcult for him to imag\u00adine that oth\u00ader peo\u00adple are moved by com\u00adplete\u00adly dif\u00adfer\u00adent forces than his own will. In fact, the client, as the fight\u00ader sees him, has a will of his own, an oppo\u00adsite will. This includes that he sim\u00adply does not want to under\u00adstand that the fight\u00ader has to win. That it is the noblest task of the client to declare the fight\u00ader the win\u00adner after \u2014 with plea\u00adsure also vio\u00adlent \u2014 resis\u00adtance. To let him have his way. The fight\u00ader sees the pub\u00adlic client, the spe\u00adcial\u00adized office, the award\u00ading author\u00adi\u00adty ulti\u00admate\u00adly as a body with a dif\u00adfer\u00adent will. He must break this will, cir\u00adcum\u00advent it, let it run into the void \u2014 it does\u00adn\u2019t mat\u00adter, the only thing that mat\u00adters is that his will pre\u00advails. The will of the fight\u00ader. <\/p>\n
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Is our fight\u00ader con\u00adcerned with more than just the filthy lucre? Oh yes! Of course, the fight\u00ader believes that the clients would ulti\u00admate\u00adly only man\u00adage his mon\u00adey, and they would only reluc\u00adtant\u00adly, much too reluc\u00adtant\u00adly, hand over this mon\u00adey to him. And that also with\u00adout any right, after all, accord\u00ading to the fight\u00ader, it is ulti\u00admate\u00adly his mon\u00adey, the mon\u00adey due to him, his remu\u00adner\u00ada\u00adtion, com\u00adpen\u00adsa\u00adtion, the just reward for all the drudgery. <\/p>\n
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But for all the empha\u00adsis on mon\u00adey, it\u2019s usu\u00adal\u00adly about some\u00adthing else. About what, you ask your\u00adself now. The fight\u00ader may speak of recog\u00adni\u00adtion or of fair\u00adness. He may rec\u00adog\u00adnize the strate\u00adgic impor\u00adtance of a dis\u00adpute or speak some\u00adwhat vague\u00adly of oppor\u00adtu\u00adni\u00adties in the future. All this exists with the fight\u00ader. And all that is ulti\u00admate\u00adly unin\u00adter\u00adest\u00ading. The fight\u00ader \u2014 and you must under\u00adstand this when you meet one \u2014 the fight\u00ader wants to pre\u00advail. He wants to win. The fight\u00ader wants his will.<\/p>\n
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If you now want to get to the heart of the mat\u00adter, if terms like law\u00adsuit-mon\u00adger, squab\u00adbler, quar\u00adrel\u00ader, etc. pop into your head, then this lit\u00adtle con\u00adtri\u00adbu\u00adtion will have to be con\u00adtin\u00adued. Because then you haven\u2019t quite grasped what I want to tell you. The fight\u00ader can be very pru\u00addent. He may even seem hon\u00ador\u00adable. He may also delib\u00ader\u00adate\u00adly refrain from cer\u00adtain quar\u00adrels because he defines his bat\u00adtle zone in a dif\u00adfer\u00adent way that is still unknown to you. Because he does not con\u00adsid\u00ader the time for an open bat\u00adtle, with which he would have no prob\u00adlems, to have come yet. The fight\u00ader can be like that, but he can also come across as a very bad type, who lies and cheats or does\u00adn\u2019t seem to have him\u00adself under con\u00adtrol at any time. All this is con\u00adtin\u00adgent, it is com\u00adplete\u00adly ran\u00addom. It has absolute\u00adly noth\u00ading to do with the qual\u00adi\u00adty of being a fight\u00ader. The fight\u00ader is con\u00adcerned with some\u00adthing else, yes, with some\u00adthing high\u00ader and at the same time also infi\u00adnite\u00adly emp\u00adty: the suc\u00adcess of his will. The fight\u00ader wants to win, he wants to assert him\u00adself, he wants to assert his will \u2014 pos\u00adsi\u00adbly also at the price of his own down\u00adfall. <\/p>\n
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The fight\u00ader \u2014 and this dis\u00adtin\u00adguish\u00ades him from the com\u00adplain\u00ader, who is often sim\u00adply a right-winger, a pure crit\u00adic \u2014 the fight\u00ader cer\u00adtain\u00adly acknowl\u00adedges that he may be wrong. He is not blind-mind\u00aded per se, he just nev\u00ader gives up. He may even be cir\u00adcum\u00adspect, reserved in demeanor, appear mod\u00adest and qui\u00adet, all of which is con\u00adtin\u00adgent, mean\u00ading: it is pure chance. What is deci\u00adsive is that he fights. He fights, if he is a real fight\u00ader, with all means, not only with those of the law, and that means he will not give up any advan\u00adtage, unless he wants it that way, and he will not rest until it is irrefutably estab\u00adlished, even from his point of view, that he is defeat\u00aded. Fight\u00aders do not die, they lose the appeal. <\/p>\n
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When you encounter a fight\u00ader, whether in the sup\u00adple\u00admen\u00adtal bat\u00adtle or in the award process, give him some\u00adthing to win. Show him an area \u2014 with\u00adout telling him \u2014 where he can win. Again, show him, but don\u2019t tell him. To get along with fight\u00aders, you have to be strong-willed your\u00adself. But also unpre\u00adten\u00adtious. You must \u2014 if you want to get ahead \u2014 be will\u00ading to lose. Don\u2019t be upset or dis\u00adap\u00adpoint\u00aded now! I am not ask\u00ading you to give in. On the con\u00adtrary, you as the client should be hap\u00adpy to win. Only, to do so, you must also lose some\u00adthing. You have to give the fight\u00ader some\u00adthing to win if you want to have peace. An effec\u00adtive means, for exam\u00adple, is to open anoth\u00ader com\u00adbat zone, which from your point of view is not so impor\u00adtant, but which you must make extreme\u00adly impor\u00adtant to the out\u00adside world. Think of unpleas\u00adant, dan\u00adger\u00adous grounds for exclu\u00adsion in the award pro\u00adce\u00addure, the exact con\u00adtent of which has not yet been clar\u00adi\u00adfied by case law. Or of oth\u00ader, soon-to-be-issued ten\u00adders that are less for\u00admal and leave you more room for maneu\u00adver. But don\u2019t say it, for God\u2019s sake. Nev\u00ader say to the fight\u00ader that if he does or does\u00adn\u2019t do this or that, you will. Show him. He has to fig\u00adure it out for him\u00adself. Show him and let him win a bat\u00adtle. While you are win\u00adning the war. <\/p>\n
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Does the name Ted\u00addy Roo\u00adsevelt sound famil\u00adiar? A bear hunter and sol\u00addier, and ulti\u00admate\u00adly even U.S. pres\u00adi\u00addent from the begin\u00adning of the 20th cen\u00adtu\u00adry. A gift\u00aded ora\u00adtor, razor-sharp ana\u00adlyst, in short: a com\u00adplete\u00adly dif\u00adfer\u00adent cal\u00adiber than the cur\u00adrent incum\u00adbent. He gave a famous speech in Paris in 1910. Its title is \u201cCit\u00adi\u00adzen\u00adship in a Repub\u00adlic\u201d. I don\u2019t want to deprive you of the most famous quote from this speech \u2014 which is also one of my favorites. It reads as fol\u00adlows: \u201cIt is not the crit\u00adic who counts; not the man who points out how the strong man stum\u00adbles, or where the doer of deeds could have done them bet\u00adter. The cred\u00adit belongs to the man who is actu\u00adal\u00adly in the are\u00adna, whose face is marred by dust and sweat and blood; who strives valiant\u00adly; who errs, who comes short again and again, because there is no effort with\u00adout error and short\u00adcom\u00ading; but who does actu\u00adal\u00adly strive to do the deeds; who knows great enthu\u00adsi\u00adasms, the great devo\u00adtions; who spends him\u00adself in a wor\u00adthy cause; who at the best knows in the end the tri\u00adumph of high achieve\u00adment, and who at the worst, if he fails, at least fails while dar\u00ading great\u00adly, so that his place shall nev\u00ader be with those cold and timid souls who nei\u00adther know vic\u00adto\u00adry nor defeat.\u201d <\/p>\n
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The fight\u00ader may be over\u00addo\u00ading it. Per\u00adhaps he is trapped in a Manichaean world view char\u00adac\u00adter\u00adized by antag\u00ado\u00adnisms. Pos\u00adsi\u00adbly he also does not know his own inter\u00adests, only his will, which must be by no means iden\u00adti\u00adcal with it. And per\u00adhaps this will is incon\u00adceiv\u00adably emp\u00adty. One thing, how\u00adev\u00ader, our fight\u00ader is not. He is not one of those cold and fear\u00adful souls, as Ted\u00addy Roo\u00adsevelt calls them. The place of the fight\u00ader is nev\u00ader with the cold and fear\u00adful souls. And you have to hand it to him. <\/p>\n
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*This legal tip is not a sub\u00adsti\u00adtute for legal advice in indi\u00advid\u00adual cas\u00ades. By its very nature, it is incom\u00adplete, nor is it spe\u00adcif\u00adic to your case, and it also rep\u00adre\u00adsents a snap\u00adshot in time, as legal prin\u00adci\u00adples and case law change over time. It can\u00adnot and does not cov\u00ader all con\u00adceiv\u00adable con\u00adstel\u00adla\u00adtions, serves enter\u00adtain\u00adment and ini\u00adtial ori\u00aden\u00adta\u00adtion pur\u00adpos\u00ades and is intend\u00aded to moti\u00advate you to clar\u00adi\u00adfy legal issues at an ear\u00adly stage, but not to dis\u00adcour\u00adage you from doing so. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":" For him, it\u2019s a point of hon\u00ador, he does\u00adn\u2019t take any crap, and some\u00adtimes he\u2019s even proud of it. Occa\u00adsion\u00adal\u00adly he gets lost, and yet he com\u00admands our respect: the fight\u00ader. Do you hear it too, that clank\u00ading of met\u00adal? In the phe\u00adnom\u00ade\u00adnol\u00ado\u00adgy of our bid\u00adding types, the fight\u00ader must not be miss\u00ading. He does [\u2026]<\/p>\n","protected":false},"author":4,"featured_media":15799,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"categories":[],"tags":[],"team_kategorien":[],"lexikon_kategorie":[199],"class_list":["post-15347","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","lexikon_kategorie-principles-of-public-procurement-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/comments?post=15347"}],"version-history":[{"count":3,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15347\/revisions"}],"predecessor-version":[{"id":16712,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/posts\/15347\/revisions\/16712"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media\/15799"}],"wp:attachment":[{"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/media?parent=15347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/categories?post=15347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/tags?post=15347"},{"taxonomy":"team_kategorien","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/team_kategorien?post=15347"},{"taxonomy":"lexikon_kategorie","embeddable":true,"href":"https:\/\/abante.de\/en\/wp-json\/wp\/v2\/lexikon_kategorie?post=15347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}